Victims

There isn't a specific offence of road rage, it's a term that's been used to describe various incidents involving motor vehicles, their drivers and other road users. Road rage has been used to describe anything from verbal abuse and threats to the damage being caused to vehicles and physical violence towards other drivers. Usually, road rage incidents are triggered by an incident that then results in a disagreement between drivers. Rule 147 of the Highway Code states:

Be considerate. Be careful of and considerate towards all types of road users, especially those requiring extra care.

• you must not throw anything out of a vehicle, for example, cigarette ends, cans, paper or carrier bags. This can endanger other road users, particularly motorcyclists and cyclists
• try to be understanding if other road users cause problems; they may be inexperienced or not know the area well
• be patient; remember that anyone can make a mistake
• not allow yourself to become agitated or involved if someone is behaving badly on the road. This will only make the situation worse. Pull over, calm down and, when you feel relaxed, continue your journey
• Slow down and hold back if a road user pulls out into your path at a junction. Allow them to get clear. Do not over-react by driving too close behind to intimidate them.

Shouted/swearing/abusive gestures

If someone has shouted, sworn or made abusive gestures to you then this could constitute a crime but it is very unlikely that a prosecution would take place because there will usually be a lack of evidence e.g. from independent witnesses. Nonetheless, if someone has made a genuine threat against you (this could be considered an assault) or if they have used abuse that you feel was targeted at you because of your race, religion, sexual orientation, disability or gender, you should report the matter to your local police.

Assault

If you have been pushed, punched, kicked or received a genuine threat of violence, we would suggest you report the matter to the local police. If the incident is ongoing and you are in fear for your safety call 999.

Damage to your vehicle/property

If your vehicle has been deliberately damaged then this may constitute the offence of criminal damage. You should report such incidents to your local police.

Driving offences

A driver involved in a road rage incident may also be guilty of a motoring offence such as careless driving, driving without reasonable consideration for other road users or dangerous driving.

General information

Please be aware that in all cases it will depend on the circumstances and available evidence as to what the police can do. In some cases, the reality may be that there is insufficient evidence to prosecute someone.

Firstly, you should speak to your parents or guardians. Whatever has happened your parents or guardians may be more supportive than you think. Your parents were young once and although initially, they might be shocked/angry, hopefully, they will do their utmost to help you.

If you feel that you cannot speak to your parents or guardians then perhaps a trusted adult, such as a teacher, a family friend or a relative will be able to help you.

If you do not feel confident confiding in them Childline and the NSPCC have trained advisors who can give impartial advice and do not judge no matter what. With Childline you are completely in control you can say as much or as little as you want. However, the more you say, the more likely it is that you will get the best advice.

If a criminal offence has been committed you can also contact the Police, they have specialist officers that are trained to deal with young people.

Whatever has happened to you, however serious your problem, it will have happened to someone else and you are not alone. You will feel better about sharing your problems with someone who is better equipped to advise you.

For more help and information please see the websites in Related Information.

The Code of Practice for Victims of Crime in England and Wales sets out the services that a victim of crime can expect to receive throughout the criminal justice process in England and Wales. It lists the organisations that must provide those services to the victim and sets a minimum standard for these services.

The full Code can be accessed via the relevant link in the Related Information section. However please find a summary of the Code below:

Right 1 - To be able to understand and to be understood

You have the Right to be given information in a way that is easy to understand and to be provided with help to be understood, including, where necessary, access to interpretation and translation services.

Right 2 - To have the details of the crime recorded without unjustified delay

You have the Right to have details of the crime recorded by the police as soon as possible after the incident. If you are required to provide a witness statement or be interviewed, you have the Right to be provided with additional support to assist you through this process.

Right 3 - To be provided with information when reporting the crime

You have the Right to receive written confirmation when reporting a crime, to be provided with information about the criminal justice process and to be told about programmes or services for victims. This might include services where you can meet with the suspect or offender, which is known as Restorative Justice.

Right 4 - To be referred to services that support victims and have services and support tailored to your needs

You have the Right to be referred to services that support victims, which includes the Right to contact them directly, and to have your needs assessed so services and support can be tailored to meet your needs. If eligible, you have the Right to
be offered a referral to specialist support services and to be told about additional support available at court, for example special measures.

Right 5 - To be provided with information about compensation

Where eligible, you have the Right to be told about how to claim compensation for any loss, damage or injury caused as a result of crime.

Right 6 - To be provided with information about the investigation and prosecution

You have the Right to be provided with updates on your case and to be told when important decisions are taken. You also have the Right, at certain stages of the justice process, to ask for decisions to be looked at again by the relevant service provider.

Right 7 - To make a Victim Personal Statement

You have the Right to make a Victim Personal Statement, which tells the court how the crime has affected you and is considered when sentencing the offender. You will be given information about the process.

Right 8 - To be given information about the trial, trial process and your role as a witness

If your case goes to court, you have the Right to be told the time, date and location of any hearing and the outcome of those hearings in a timely way. If you are required to give evidence, you have the Right to be offered appropriate help before the trial and, where possible, if the court allows, to meet with the prosecutor before giving evidence.

Right 9 - To be given information about the outcome of the case and any appeals

You have the Right to be told the outcome of the case and, if the defendant is convicted, to be given an explanation of the sentence. If the offender appeals against their conviction or sentence, you have the Right to be told about the
appeal and its outcome.

Right 10 - To be paid expenses and have property returned

If you are required to attend court and give evidence, you have the Right to claim certain expenses. If any of your property was taken as evidence, you have the Right to get it back as soon as possible.

Right 11 - To be given information about the offender following a conviction

Where eligible, you have the Right to be automatically referred to the Victim Contact Scheme, which will provide you with information about the offender and their progress in prison, and if/when they become eligible for consideration of parole or release. Where applicable, you also have the Right to make a new Victim Personal Statement, in which you can say how the crime continues to affect you.

Right 12 - To make a complaint about your Rights not being met

If you believe that you have not received your Rights, you have the Right to make a complaint to the relevant service provider. If you remain unhappy, you can contact the Parliamentary and Health Service Ombudsman.

The police's responsibilities to a victim of crime are as follows -

A victim is classed as a person who is -

• a person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence;
• a close relative (or a nominated family spokesperson) of a person whose death was directly caused by a criminal offence;
• 'businesses' are not included in this definition (see Note 2 on Page 3 of the Code for more information on this).

As a victim of crime you are entitled to receive the following from the police -

• if the crime is finalised at source (not investigated) then the victim must be notified of this within 5 working days (1 working day under Enhanced Rights – see page 10 of the Code);
• must supply the victim with written information on what to expect from the criminal justice system as soon as possible, and not later than 5 working days after reporting the crime;
• must inform Victim Support services of the victims' details within 2 working days of the crime report (unless the victim asks them not to do so);
• If the case goes to court the police must inform victims of the date, time and location of the first court hearing;
• inform victims within 5 working days of receipt from the court, if an arrest warrant has been issued for a suspect who failed to attend court and the outcome of a hearing if the suspect is re-arrested;

•  being issued an out of court disposal
•  interviewed under caution;
•  released without charge;
•  released on police bail, or if police bail conditions are changed or cancelled.

Vulnerable victims

Vulnerable victims are provided with an enhanced service. You may be classed as vulnerable if -

• you are under 18 years of age at the time of the offence or
• the quality of your evidence is likely to be affected because:

(i) you suffer from mental disorder within the meaning of the Mental Health Act 1983;
(ii) you otherwise have a significant impairment of intelligence and social functioning; or
(iii) you have a physical disability or are suffering from a physical disorder

Vulnerable victims must be informed within 1 working day if a suspect has been arrested or a warrant has been issued due to the suspects failure to attend at court.

The definition of a hate crime is:

Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity (Crown Prosecution Service).

The definition of a hate incident is:

Any non-crime incident which is perceived by the victim or any other person, to be motivated by a hostility or prejudice based on a person's race or perceived race/religion or perceived religion / sexual orientation or perceived sexual orientation/disability or perceived disability/transgender or perceived to be transgender (College of Policing).

To list, hate crimes and hate incidents are based or motivated by:

• race or ethnicity
• religion or belief
• sexual orientation
• disability
• transgender identity

For example, a person is beaten up and whilst being attacked the offender makes offensive comments about that person's believed race or ethnicity / sexual orientation/religion or belief/disability, or transgender identity.

A hate crime also takes place when the crime is motivated by the offender's incorrect beliefs. For example, a person is beaten up and comments are incorrectly made about that person's assumed race or ethnicity / sexual orientation/religion or belief/disability, or transgender identity.

Other personal characteristics may be the reasoning behind certain incidents such as age and particular subcultures (e.g. Goths, Emos ), however, these are not considered hate crimes in law. Offences of this nature may still be prosecuted but not specifically as hate crimes. Specific legislation allows the courts to impose tougher sentences on offenders that carry out hate crimes.

Police take reports of these incidents very seriously and if you feel you have been the victim of a hate crime you should report the matter to your local police force. Reports can also be made online via True Vision who in turn report it to the police on your behalf, should you not wish to report it directly.

For further information please see the links in related information.

A Community Resolution is a method of restorative justice and is an alternative way of dealing with less serious crimes and incidents, allowing officers to use their professional judgement when dealing with offenders. It can be used for offences such as low-level public order, criminal damage, theft, and minor assaults, where the victim has agreed that they do not want the police to take formal action.

The use of Community Resolution will enable victims to have quick resolutions and closure to their crime, offenders will receive speedy justice and there will be reduced bureaucracy for police officers. Examples of a Community resolution could include a simple apology, an offer of compensation or a promise to clear up any graffiti or criminal damage.

Community Resolutions do not constitute a criminal record and are not currently recorded on the Police National Computer. They are however recorded locally on police information systems and can be accessed for intelligence purposes. A previous Community Resolution will be taken into consideration if further offences are committed.