We understand that being a victim of any type of crime can be traumatic and confusing, so we have compiled information below that will explain the various processes you may have to go through. Please click on the relevant link below to find out more about each stage.
What are the police procedures?
How do I know if my case will go to court?
Who manages my case?
What happens at court?
What are the possible outcomes?
When a crime is reported to the police, an incident number is generated, and this will be given to you. You can use this to contact the officer investigating your case, to get any updated information you need, or to tell us new information. You will need this number if you need to make an insurance claim or Criminal Injuries Compensation claim.
You may be required to give a statement to an officer providing full details of the incident, which can be done at your home, or you can visit a police station local to you. You may also be offered a visit for reassurance, to ensure you are coping with the effects of the incident, and to provide relevant crime prevention advice to help protect you, your family or your belongings in the future.
As a matter of course you will recieve contact from the police telling you about how your case is progressing. There is a national 'Code of Practice for Victims of Crime', which states that by law the police must tell you:
- there will not be any investigation into the incident you reported, within 5 days of your initial call
- the incident is going to be investigated, you must recieve monthly updates until the case is closed
- there is a possibility that the case may be reviewed at a later date, and you must be asked if you wish to be told of any such reviews
If a suspect is identified and an arrest made, the police will carry out an interview. If there is enough evidence the police will consider charging the suspect. In a less serious, straight forward case where the suspect admits their guilt, the police are able to charge them. In all other cases the police must refer the case to the Crown Prosecution Service (CPS), where the case will be reviewed and agreed that the intended charge is correct for the police to proceed.
The police have a legal obligation to notify you if a person has been arrested within one day of the arrest taking place if you are a vulnerable or intimidated victim, and within five days of the arrest taking place in all other cases.
These timescales are the same for notifying you of a decision made either by the police or the CPS to charge or not charge a person. If a suspect is charged they will have to appear before a Magistrates Court, where they will either be released to appear back at court at a later date, or be detained in custody to await the trial date.
In some circumstances a suspect may be released on bail, whereby the police decide they have further evidence to gather and more enquiries to carry out, and so the person is given a date to return to a police station. In this scenario the same timescales of one day for vulnerable and intimidated victims and five days for all others apply in relation to keeping you informed.
In other circumstances it may be decided that the arrested person was not involved in the offence, and they will be released without charge, and are not required to return.
How do I know if my case will go to court?
The Crown Prosecution Service (CPS) prosecutes criminal cases investigated by the police in England and Wales. In undertaking this role, the CPS:
- advises the police on cases for possible prosecution (as detailed above)
- reviews cases submitted by the police for prosecution
- where a decision is made to prosecute, the CPS decides on the charge (in all but minor cases)
- prepares cases for court
- presents cases at court
Once a completed file is recieved from the police the prosecutor decides whether a suspect should be charged, in all but minor or straight forward cases where the police can decide to charge themselves. In order to make this decision the prosecutor uses two tests. The evidential test looks at whether there is enough evidence against a defendant for a realistic chance of prosecution at court, based on the evidence. If there is not a realistic chance of prosecution, the case should not go ahead.
The second test is to consider if the case is in the public interest. This will vary and is judged in a case by case basis, but in broad terms the more serious an offence is, the more likely a prosecution will be deemed to be in the public interest. If the Crown Prosecutor decides that the case does not meet these tests and should be discontinued, you will be informed of this, and the reasons why. It may be that an out of court disposal or other option is more appropriate. To read more about out of court disposals, please click here.
There is one scenario where a prosecutor will not need to apply the evidential test. When a person is arrested they are able to be detained for a set period of time before a decision must be made to charge them, release them on bail or release them without charge. If a person has been arrested and there is important evidence that will not be available to police before the detention time runs out, but it would not be appropriate to release the person from police custody, the prosecutor can decide to go ahead with a charge, if they have 'reasonable suspicion' that the arrested person committed the offence. As soon as the evidence becomes available the prosecutor should review the case based on the evidential test and the public interest test.
Crown Prosecutors have a duty to ensure the right person is prosecuted for the right offence, and must always act in the interests of achieving justice. The interests of a victim are also an important factor and the consequences for a victim and their views will be taken into account when making a decision to prosecute or not.
The CPS have a legal obligation to notify you when the decision not to charge an arrested person has been made in your case, within one day of the decision being made if you are a vulnerable or intimidated victim, and within five days in all other cases.
These timescales are the same if the CPS decide to drop or alter the charges against someone after those charges have been made. They must also meet you to discuss their decisions if your case involves a death caused by criminal conduct, child abuse, sexual offences, racially or religiously aggravated offences, or offences with a homophobic or transphobic element.
Who manages my case?
Once someone has been charged with an offence the police pass the file to your local Witness Care Unit. There are 165 of these units across England and Wales and they manage care of victims and witnesses from the poiint at which a person is charged to the conclusion of a case.
You will be allocated a Witness Care Officer as a single point of contact, who will keep you informed of the progress of the case and let you know if and when you need to attend court. They have a legal requirement to tell you:
- if you will be required to give evidence
- the dates of any court hearings
- tell you of any court results and any sentences passed within one day of recieving the outcome from court
- give you a copy of relevant advice leaflets if you are required to give evidence
They will also assess your individual needs and provide appropriate help with issues such as childcare, transport, or referrals to the Witness Service. Volunteers working for the Witness Service and from Victim Support will continue to provide practical and emotional support for victims and witnesses.
What happens at court?
Attending court or giving evidence can be unnerving, and we understand that it can be a difficult process. Victim Support runs the Witness Service in every criminal court, and they can help guide you through what happens, giving support and advice to victims, witnesses, their family or friends.
Magistrates Court - the majority of all criminal cases are heard in Magistrates Court, where either three people (often referred to as Justices of the Peace) hear the case, supported by a legal advisor, or one lawyer will sit as a district judge. The Magistrates Court only has limited powers of sentencing, and if a defendant is found guilty but the court does not feel the maximum sentence applicable is suitable for the crime committed, they can refer the case to the Crown Court for sentencing, where the powers are greater.
Crown Court - at Crown Court the trial is held before a judge and jury. After hearing all the evidence, the jury decides on whether they find a defendant guilty or not guilty. During the trial, the judge will decide of any matters of law that cause confusion or argument, and if a guilty verdict is delivered the judge will also impose a sentence.
There will be lawyers for both the defendant and the prosecution in court, who will argue each side of the case and present evidence. Someone from the Crown Prosecution Service (CPS) will be introduced to you at court and can anwer any questions you may have.
Giving evidence - when you are called into the courtroom, you will be shown to the witness box. Before you are called in you will be shown to a separate waiting area, and if you wish to see the courtroom before the trial date, you can ask your Witness Care Officer, who may be able to assist in arranging a court visit so you can familiarise yourself with the room.
Once in the witness box you will be asked to take the oath, and swear to tell the truth on the holy book of your religion. If you prefer, you can simply 'affirm', which is to promise to tell the truth. After taking the oath you will be asked questions on what you saw or know about the incident by one of the lawyers, most likely to be the prosecution first, before the defence also ask you questions. This process is known as cross examination.
It is the prospect of cross examination that can make some people nervous, but you must remember that the lawyers are not trying to confuse or intimidate you; it is their job to ensure they understand everything you have said and that there are no mistakes. The law in England and Wales states that a defendant is innocent until proven guilty, and so making sure your evidence is as clear as possible and proves something in relation to the case is vital.
You might also be asked questions by a magistrate, a clerk of the court or a judge, to clarify something you may have said. It is also possible for members of the jury in a Crown Court trial to write down questions that the judge can read to you.
After you have given your evidence you will be asked to leave the witness box and generally you are then free to leave, though you may be asked to stay in case a new point come up during the trial that you could assist with. If you want to you are able to stay and watch the remainder of the trial.
Special measures for those giving evidence - some people may need help giving evidence, for example if they are vulnerable or intimidated witnesses, children under 17, victims of sexual offences or people with communication difficulties. In these cases there are several special measures that may be available:
- Screens - a screen is placed around the witness box to prevent the witness from seeing the defendant
- Live link - the witness can sit in a room outside of the court room and give evidence via a live link that plays into the court room on a television screen. The witness will also be able to see a television screen that shows the court room
- Video recorded evidence in chief - the main witness evidence from the person concerned is taped and then played out in court
- Removal of wigs and gowns - the judges and lawyers in the Crown Court will remove their wigs and gowns to make the court feel less formal for the witness
- Evidence given in private - this is where members of the public are not allowed in the court room
- Communication aids - use of, for example, an alphabet board
These special measures have been available in Crown Courts since 2002, and are also now being used more often in Magistrates Courts in England and Wales.
After all evidence has been presented to the court both the prosecution and defence will give a closing argument, which gives a summary of their side of the case. The decision on whether the defendant is guilty or not guilty will then be made.
If you decide not to stay, your Witness Care Officer will let you know the final result of the case.
What are the possible outcomes?
There are four types of sentence available to the courts. Discharges, where the defendant is found guilty but no sentence is passed and they are discharged from court. Fines, where a payment is imposed on the offender as punishment. Community Sentences, which combine punishment with rehabilitation and making amends (this can include restorative justice, which is when the offender makes amends directly to the victim of the crime). Finally, imprisonment can be given as a sentence for the most serious offences. Judges and magistrates are given sentencing guidelines and maximum terms available to impose, and these are set by Parliament.
The Crown Prosecution Service (CPS) are required by law to answer any questions you have about a sentence imposed.
The National Offender Management Service (Probation) are required by law to contact you if the offender in your case was sentenced to 12 months or more for a sexual or violent offence. In certain circumstances this includes offenders with mental disorders.
They will also give you information at key stages in the offender's sentence, for example if they apply for a release, or are transferred to a different category of prison. They are unable to give specific details such as the exact prison a person is in, or their date of release.
Out of court disposals
These are designed to deal with offenders of a low risk, who have committed low level offences, and they are often used for first time offenders. Options available for adults over the age of 18 are:
- cannabis warning - substance is seized and person recieved warning for their behaviour
- simple caution - this is recorded against the person and is given when the offence has been admitted. If the person refuses to accept a caution they may then be taken to court. Your views may be sought in determining the seriousness of the offence, however you cannot insist that the matter is dealt with in any particular way
- conditional caution - this is recorded against the person and is given with conditions attached - these may be rehabilitative, or reparative, where the offender has to partake in an acivity to assist the community or local area, or perhaps to make good the harm they have cause to the victim directly.
- penalty notice for disorder (PND) - this is an order issued by the police for the offender to pay a set fine for their actions. If they do not pay within a set time period they may have the fine increased or be expected to attend court.
- fixed penalty notice (for driving offences) - this is similar to PNDs, but FPNs are issued for driving offences instead, and may also carry a penalty of points being deducted from the driver's license. If they notice is not paid the person may then have to attend court.
Options available for youths aged betweeen 10 and 17 are:
- reprimand - where a person is warned for their behaviour after a first offence. Parents should be informed when this takes place.
- final warning - if a person has been warned or reprimanded before, they are given a final warning and told that any future offences will result in more serious action, likely to be a criminal charge. Parents should be informed when this takes place.
- penalty notice for disorder (PND) - this is only available for 16 and 17 year olds
