If you are a potential victim in a criminal case that The Pensions Regulator is investigating or prosecuting, this sets out what you can expect from us. You are a victim of crime if you have suffered harm or economic loss which was directly caused by a criminal offence that we formally investigated.
We carry out criminal investigations and prosecutions to protect pension savers and to deter future wrongdoing. We are committed to treating victims of crime fairly, with dignity and respect. We uphold the standards in the Code of Practice for Victims of Crime (Victims’ Code).
If we ask you to act as a witness for a potential criminal trial, we will explain:
- the investigation and prosecution process
- how it may affect you
- what you can expect from us as a witness in our investigation
Reporting a criminal offence
We only investigate specific crimes. If you feel that you have suffered a loss because of a crime related to your pension, you can contact us.
Following the information you provide we may investigate further but we do not intervene in all situations. We will contact you should we require further information.
Please note that we are unable to give feedback on the outcome of any assessment or investigation (if one is conducted) due to legal reasons. The information we hold is deemed as 'restricted information'. Disclosure of information, including whether or not an investigation is taking place, could jeopardise its progression.
We will advise you if it would be more appropriate to refer the matter to the police or another agency.
If we become aware of an alleged criminal offence we may contact you as a victim to find out if you can give us more information.
If we contact you as a victim, we will ask you for some personal details, including contact details, so that we can update you during the investigation. We will hold these details securely and in line with the Data Protection Act.
Contact with us
If you have contacted us because you believe you have suffered a loss related to your pension arising from a potential crime, we will speak to you as soon as possible. It is likely that we will contact you by telephone or secure email.
If we think that you have relevant information, we may speak with you again at our offices or at your home.
Giving a witness statement
We may ask you to make a witness statement. This will be taken by one of our investigators who will ask you about your experience and your circumstances as a victim of a potential crime. We will help you to put what you have said into a formal statement, using your own words.
We will:
- explain the purpose of the witness statement
- explain the process of taking a witness statement
- ensure that you read and understand your draft statement thoroughly so that it accurately reflects what you have said before you sign it
- explain the implications of signing the witness statement
If you are happy with the statement we will ask you to sign it with your name. This says that you agree with the statement and that it is a true account of what you have said to the investigator.
The statement cannot be changed once it has been signed but more statements can be taken if new information comes to light.
If you need language assistance to interpret or translate any documents during the interview, or while we take a witness statement, you should tell the investigator. We will be able to arrange assistance for you.
Giving evidence in court
If the case is brought to court, you may need to give evidence during a trial. If this happens we will give you as much notice as is reasonably possible so that you can be prepared and can inform us of any significant commitments and dates you need to avoid. The sooner we are aware of these, the easier it will be to manage.
If the date when you are due to give evidence changes we will let you know as soon as possible.
During the court case we will keep you informed about the progress of the case.
To help you prepare to give evidence in a trial we will explain the process of giving evidence, the layout of the courtroom and the procedures involved. We will be on hand to answer any questions you may have.
We understand that giving evidence at court can be a stressful experience. If you are a young or vulnerable witness, we can take measures to help ensure that you give your best evidence.
This may involve us applying to the court for ‘special measures’. This can be offered to those that are particularly vulnerable or intimidated. Examples of this include giving your evidence from outside the courtroom via live video link so that you do not need to see, or be seen, by the defendant. Or you may be provided with screens around the witness box so that you are unable to see the defendant while you give evidence.
You can ask for special measures if you think it would help you to give your evidence. Ultimately the court decides whether these measures can be put in place.
Accessibility
If you have a disability that may affect how we provide you with information, how you communicate with us or any requirements that may affect your ability to give evidence at court, please let us know. We can make reasonable adjustments when providing you with information or arranging access to our premises or the court.
You can find court facilities and contact details on GOV.UK.
Expenses
If you need to attend court to give evidence, we will send you a witness expenses form setting out the rates for claiming expenses and the application form with detailed rules about claiming expenses.
You can claim limited expenses for:
- travel to and from court
- accommodation (with our prior agreement)
- food and non-alcoholic drinks (unless the Witness Service or the court provides free refreshments)
You may also be able to claim limited expenses for:
- compensation for loss of earnings from attending court
- related costs such as childcare
We will explain the procedure and can help you fill out the form.
Applying for compensation
There may be compensation available if you have suffered loss as a result of a crime in which a defendant has been convicted. If this is the case we will apply to the court on your behalf. This application takes place at the end of the trial and once a full financial investigation has taken place. This may take some time to complete.
An application may be made for some, or all, of the loss resulting from the offences of which the defendant is convicted, considering the specific facts of the case and all the circumstances. The final decision on whether to grant compensation lies with the court.
The court also decides on the amount of any compensation. Anything you may receive in compensation depends on a number of factors. This includes the defendant satisfying the compensation order and whether you have received compensation already.
Victims’ right to request a review
If you are a victim of an offence into which we opened a formal investigation, we will inform you of decisions relating to whether or not we have decided to prosecute someone.
You have the right to ask for a decision to be reviewed if you are unsatisfied with how it's been handled. This applies to cases where we decide:
- not to charge anyone in the case
- to discontinue all charges or withdraw in the magistrates' court, thereby ending all proceedings
- not to proceed and request that the charges are not to be proceeded without the leave of the court or the Court of Appeal
The victims' right to review only applies to decisions we make on or after 1 April 2021.
The right to review does not cover cases where:
- we have not formally accepted a criminal investigation
- a suspect has not been identified or notified of an investigation by us
- we have not interviewed the suspect
- charges are brought in respect of some (but not all) allegations made or against some (but not all) possible suspects
- a single charge or charges are terminated but another charge or related charges continue
- proceedings against one or more defendants are terminated but related proceedings against other defendants continue
- a single charge or charges are substantially altered but proceedings continue
- some charges are left to lie on file
- we offer no evidence
- the victim has not had any contact with us prior to the decision being made
If you wish to use your right to review, you must submit this request within three months of the date of the decision notification.
You should include the following information in your request to review:
- name
- address
- preferred contact details
- the team working on the case in The Pensions Regulator (if known)
- details of the case in which you are the victim
- the reason why you believe the decision not to prosecute was incorrect
Email your request to righttoreview@tpr.gov.uk.
We will acknowledge your request to the right to review within five working days of receiving it. The reviewer independent from the original decision to end the case will then assess all the information we have about the request.
We will write to tell you of our findings within 40 working days. If it takes longer than this we will inform you of progress, the reasons for any delay and when we will reply in full.
In our response we will:
- explain our findings under the right to review
- explain why we originally chose not to prosecute
- state whether the right to review is upheld or not
If the right to review is upheld, you will be made aware of this and the case will be reopened.
If the right to review is not upheld we will explain why in our response.
The decision of the review procedure is final. However, if you are unhappy with our response, you have a right to complain under right 12 of the Victims' Code.
Making a complaint under the Victims' Code
Under the Victims' Code, victims can complain if they believe their rights have not been met.
If we have taken on a criminal investigation and you don’t believe your rights under the Victims’ Code are being met by us, you can give feedback to us or make a complaint by sending an email to complaints@tpr.gov.uk. This does not cover the decisions or verdicts made by the court.
We will acknowledge your complaint within five working days of receiving it. We will then review all the information we have about your complaint under the Victims Code.
We will write to tell you of our findings within 40 working days. If it takes longer than this we will inform you of progress, the reasons for any delay and when we will reply in full.
If the complaint under the Victims’ Code is not upheld, we will explain why in our response.
If you are not satisfied with our response, you can complain to the Parliamentary and Health Service Ombudsman.
Help and advice
You may be able get help and advice for victims of crime through:
You can also find support and guidance on pension issues from MoneyHelper.