Understanding the Criminal Justice System as a parent

Introduction

This is a guide to help explain the process from when the police become aware of what has happened to your child right through to a possible court case. It is quite a factual guide, and we hope it will provide some understanding about what might happen. We are so sorry that this has happened to your child and that you are having to read this. We have covered a lot of information and it is important to take your time when working through it. It may feel overwhelming to read it all at once. Your self-care should be a priority, take breaks and reach out for support if needed. There are details of helplines are at the end of this document which you can call at any time for emotional support as well as practical support. We have another guide on our Self-Help Resources Page on our website about how to support your child emotionally and how to look after yourself too which might also be useful to read as well.

This guide is for those who have already reported to the police – if this has not happened there are several ways to report:

·       If your child is immediately at risk of abuse or the abuse is happening, you should call the police on 999.

·       If your child has told you about sexual abuse, you should call the police on 101.

·       Or you can also make a report online. police.uk/pu/contact-the-police/report-a-crime-incident

·       Your child can also contact the police themselves to report sexual abuse.

Initial account 

The police will either come to your house or ask your child to attend a police station to give an initial account of what has happened. Your child will be referred to specially trained officers who have experience working with children and whose job it is to investigate child sexual offences. Your child will be interviewed and asked to explain in their own words what has happened. Your child can take this at their own pace. As a parent or carer you may want to stay with your child during their interview, however you will be asked to go to another room where you may be able to observe. If you witnessed the abuse happening or you were the first person your child told about the abuse, then you will not be allowed to observe. This is to make sure that any evidence from the interview can be used in any future legal proceedings.

If your child has additional learning needs let the police know. Police forces have specially trained officers who are able to support your child through the process and should ensure that your child is treated with sensitivity and understanding.

When a child sexual abuse report is made to the police, they will contact your local children’s social services team. A social worker may visit you and your child to talk about what support they can give you. If your family is already involved with social services, then your child’s allocated social worker will be informed, and they will contact you to discuss what has happened.

Attending a Sexual Assault Referral Clinic (SARC)

After the police interview your child might be asked if they will consent to a medical examination. This is to help provide the police with more evidence. They then might be referred to a Sexual Assault Referral Centre (SARC), which have specially trained doctors, nurses and support workers. Most counties have a Sexual Assault Referral Clinic (SARC). You can find your local SARC through this link: https://www.nhs.uk/service-search/sexual-health-services/find-a-rape-and-sexual-assault-referral-centre/ 

Medical examinations are not always intimate and a general examination can be helpful in identifying other health needs that your child might have. At the SARC your child will be seen by a paediatrician or a forensic medical examiner, depending on their age. If the sexual harm happened recently you might be asked not to wash or change your child’s clothes or not allow them to wash themselves. This is because essential evidence could be lost and gathering evidence is important for the police investigation. You might be accompanied by a police officer or a social worker to the Sexual Assault Referral Centre.

Upon arrival, specially trained staff will meet you and explain in detail what will happen. They will also explain the process to your child, using pictures if appropriate for your child’s age. Your child will be reassured that the examination is optional. They will be able to take as many breaks as needed and are allowed to skip a step or stop the examination any time they want to. The examination can last up to two hours. This whole process is optional, remember your child can stop at anytime they want and do not have to complete this process.

Results from the examination can take several weeks, and your child should be allocated an Independent Sexual Violence Advisor (ISVA) who will support them and you through the process. Some SARCs have their own Independent Sexual Violence Advisor (ISVA) or you can get in contact with your local Rape Crisis and Support Centre who should allocate one to you. ISVAs are a free resource and are there to support you and your child through the whole process of reporting to the police and supporting you through an investigation and court case. The police or SARC workers should be able to help you find an ISVA for your child.

Your child will usually be offered follow up appointments at your local sexual health clinic or with a local paediatrician, and counselling services will also be available, your ISVA should be able to help you with finding counselling services for your child.

Achieving Best Evidence (ABE) or Video Recorded Interview (VRI)

An ABE (Achieving Best Evidence) interview is a video-recorded conversation between a child or young person and the police, used to gather their account of what happened in a safe and supportive way. It's designed to help them speak freely and clearly, and the recording may later be used as part of a police investigation or in court. Depending on your child’s age and needs, they may either: give a written statement, or take part in a video-recorded interview, where the police ask questions based on what your child has already shared in their initial disclosure or statement. This interview is often called a Video Recorded Interview (VRI), or an Achieving Best Evidence (ABE). It may take place at a police station, or, if more appropriate, the police can bring the recording equipment to a safe alternative location, such as your home or a specially arranged setting. During the interview, the officer will gently ask your child questions about what happened to gather as much detail and evidence as possible to help with the investigation.

A social worker or an additional specially trained officer will be there, to support your child throughout. They may also be entitled to an intermediary if they have communication needs, such as a learning disability. Parents or ISVA’s cannot attend. We understand this can feel really difficult as a parent but it is to protect the integrity of the evidence so that it can be used in court. You can be there before and after the interview to support your child.

Gathering evidence 

The police will then try to gather any evidence using the VRI. This could mean talking to anyone that your child first talked to about what happened, or any witnesses that may have seen them straight after this happened or in the duration of the abuse. It could also mean gathering records such as medical records from your child’s GP or a hospital, school records or social service records if they ever disclosed or mentioned something happening to them when they were younger. The police also might ask to take a look and download messages from their phone (if they have one) or the suspect’s phone. If your child needs their phone to feel safe or connected to their friends the police should be able to provide a temporary one until they have finished taking a look at it and returned it. Police should offer regular updates around any arrests made or new information in relation to the case. You can also contact your Officer in Charge (OIC) or Family Liaison Officer (FLO) or you can ask your ISVA to do this and relay the information back to you.

Identification and interviewing of the suspect  

Once the police have identified a suspect they will ask them to come in for questioning. This is usually what is called a ‘voluntary interview’ at first. They will ask them their version of events and see if there are parts that don’t add up and question them further on that. Most likely, they will deny any wrongdoing. It is very rare for someone to admit when they have committed sexual harm.

There are a few options for the police after the interview:

Arrest with Bail conditions -

They could arrest the suspect and release them with bail conditions for example these conditions might include not to contact your child and/or not go to a certain areas (for example near their school, the road you live on etc).

Release under Investigation (RUI)

This means the suspect has been released from police custody without charge while the investigation continues. This means there are no bail conditions or set time limit for the investigation to conclude. However, it remains the same that they should not contact your child either directly or indirectly (through someone else) or via social media and if they try to then you can log this with the police to build a case for intimidation or harassment. Released Under Investigation (RUI) is quite normal as you can only have bail conditions in place for a certain amount of time and the police have to keep applying to extend them. The police will assess the current immediate danger that the person of concern poses to your child and that will be one of the factors in deciding whether an arrest and bail conditions are necessary at this very moment.

Remanded to prison

The suspect could also be arrested and remanded either to prison to await trial or put on tag to await trial. This is rare, usually it happens if they feel the suspect may take their own life or if there is very clear evidence of risk of violence or a breach of conditions that has already occurred.

End of police investigation

At the end of the police investigation there a few possible outcomes:

No further action by police

Once the police investigation has concluded they will decide if they have enough evidence to send to the Crown Prosecution Service (CPS). If the police feel there is not enough evidence to pass over to the CPS, they may decide there is no further action to be taken by the police and it will not go to the CPS. This does not mean they do not believe your child or the suspect is innocent, it just means they cannot prove it beyond reasonable doubt. The police should explain to you why this decision has been made. If you do not agree with the decision, you can request what’s called a Victims Right to Review (VRR) on behalf of your child. This means the evidence will be reviewed again by another police officer independent to the case. You can ask your child’s Independent Sexual Violence Advisor (ISVA) for support and advocacy around this. 

Evidence is sent to the Crown Prosecution Service (CPS)

If the police feel that they have gathered enough evidence, they will pass the case onto the Criminal Prosecution Service (CPS). The CPS is independent from the police. Their job is to review the evidence and decide if there is enough for a realistic prospect of conviction if the case is put in front of a jury. This is a high threshold to reach, as it is not to do with whether they believe that it happened - it is down to whether they can prove that it happened with the evidence that they have. They have to be able to prove that beyond all reasonable doubt it did happen.

If the CPS review the evidence and decide there is not enough to meet the threshold, they may rule it to be No Further Action (NFA). Again, this is not the same as the suspect being found innocent, it just means there was not enough evidence to prove they committed the crime. The police should explain to you why this decision has been made. If you do not agree with the decision, you can request what’s called a Victims Right to Review (VRR). This means the evidence will be reviewed again by another CPS prosecutor.

Suspect is Charged

If there is sufficient evidence, then charges will be brought by either the police or the Criminal Prosecution Service (CPS) and the offender will be informed of these charges and that the case is going to trial.

What happens after a charge has been made?

In the time between a suspect’s charge and their first court appearance, they will either be:

1.     Released on bail

2.     Remanded in custody, which means they will spend time in prison until the court date.

The following things will be considered: the risk the suspect might pose to your child, the public and any witnesses, previous offences the person may have committed, the suspect’s previous compliance with bail conditions and how likely it is that they will fail to attend their court appearance.

 If bail is granted there may be conditions imposed on them that they must abide by. These might include making sure they do not contact yourself or your child directly or through other people or social media, that they don’t come near where you live, or near your child’s school.

At any point, it is within your child’s right to withdraw from the investigation. The police may want a withdrawal statement from your child in order to close the case. If a child (or anyone) withdraws their complaint after making a formal report to police, they can return to the police later and report the same offence again — but it may be more difficult for the case to proceed, depending on what has already happened. It is important to note that the police may decide to either continue without your child’s statement as they may feel they have enough evidence to proceed without them. An investigation can have a huge impact on someone’s mental health, and it can cause a lot of stress and pressure. It is your child’s decision whether to continue or not, and no one else’s decision to make.

COURT PROCEEDINGS

Plea hearing 

If charges are being brought, the suspect will be informed of these charges and they will need to attend a plea hearing, this is where they hear the charges in a court and respond with one of the options of guilty or not guilty. The plea will first be heard at a Magistrates Court (a local court), but because of the seriousness of the charges it is likely to then be sent straight to the Crown Court for another plea hearing. The Crown Court is the court that deals with offences of which guidelines demand longer sentences, for the more serious crimes.

The suspect will enter their plea. Their options are either guilty or not guilty. If they plead guilty then a sentencing hearing will be arranged for their punishment to be determined by a judge.

If they plead not guilty, then a date will be set for a trial with a jury to take place. This could be many months in the future, due to a court back log or other delays.

You or your child do not have to attend the plea hearings, someone will inform you of the plea entered and the outcome, usually the Officer in Charge (OIC) of the case or the liaison officer. You also do not need to attend the sentencing – again the OIC can let you know the outcome.

Preparation for trial

Due to the seriousness of offences committed against your child and their age, they are automatically classed as a vulnerable witness and so they are entitled to apply for ‘Special Measures’. There are lots of options and it’s important your child chooses which ever feels right for them. These measures are put in place to help them give their best evidence in court, and to try to reduce some of the stress to them.

They should be offered a pre-trial visit so that they get used to how the court looks. There are also powers to provide life-long anonymity to witnesses and victims under 18 years at the time of the court appearance. If possible, it can be a good idea to wait to decide on special measures until your child has done a pre-trial visit to the courtroom, so they can get a feel for the place and what it will be like when they are cross examined on their evidence. Your ISVA or OIC can help you arrange this

Examples of special measures include:

Pre-recorded live link (also known as a Section 28) – Is another one of the options for special measures. This is where the questions your child is asked will be agreed upon in advance of the trial and they will be asked them a month or two before trial. This will be done via a video link, so they won’t be in the court room when they are being questioned. There is a separate room for your child to go in, they can also have their ISVA in there with them if they want some support. The live link could also be done from another court or police station, so your child does not have to attend in person. Bear in mind, the answers that your child gives will be shown on a screen in court, and so the perpetrator will be able to see their face, but your child will not be able to see theirs. All they will see on the screen in front of them is the barristers and perhaps the judge and the court clerks. However if new evidence comes to light between your child doing their pre-recorded evidence and the trial then they could be summonsed to court to be questioned.

Cross-examination via live link during the trial – This is similar to the pre-recorded video evidence your child gave, except they will be questioned during the trial rather than before it. Again, the answers your child gives will be shown on a screen in court, and so the perpetrator will be able to see your child's face, but your child will not be able to see theirs. All your child will see on the screen in front of them is the barristers and perhaps the judge and the court clerks. This will be done via a video link, so your child won’t be in the actual courtroom while they are being questioned — there is a separate room for them to go in. Your child can also have their ISVA in there with them if they want some support. There is a chance it could be done from another court or police station, so your child does not have to attend in person. Again, they can request to have their ISVA there to support them if they want.

Screen across the court room -The screen will be in place when your child is being cross-examined so that the perpetrator cannot see their face, and your child cannot see them while they are being questioned. Your child will not be able to see anyone in the public gallery either; they will only see the judge, the defence and prosecution barristers, the jury, and the court clerks. Their ISVA or someone from the Witness Service can sit behind them in the courtroom if they want. These special measures will need to be approved by a judge.

Removal of wigs and gowns - The removal of wigs and gowns in court is a special measure available to vulnerable and intimidated witnesses to make them feel less intimidated. This can be requested for witnesses who are under 18 or have a physical or mental condition that could affect their ability to give evidence, and a court will decide on its use. 

Victim Personal Statement (VPS)

Your child may be asked to write a Victim Personal Statement (VPS) if they are old enough and willing to do so. As their parent you may also be asked to write one on behalf of your child and discuss the impact on you, your child and your family. This VPS will be read out at the sentencing if the perpetrator is found guilty and convicted. The judges do take what is written in your or your child’s victim statement into account when handing down a sentence, as they can hear what impact the sexual violence has had on your child’s life.

Conclusion

We have not included in depth details around what takes place during the trial, the police officer in charge of our case, your child’s ISVA and/ or witness care should be able to provide guidance and information around this. You can reach out to us using: support@actsfast.org.uk and we will help with any questions as much as we can. Know that you do not need to attend the plea hearing, the trial (unless you are a witness) or the sentencing if you don’t want to, your decisions around this may change over the weeks and months and on the actual day, all of this is ok. Do what is right for you and take each day as it comes. Try to stay in the here and now rather than thinking about what might happen. Reach out for support when you need it and make space for your wellbeing, this may seem trivial but it is so important that you look after yourself throughout this. There are more details on how to do this in our guide ‘Support guide for parents and carers of children that have suffered sexual abuse’, available ton our website in in the Resources / Self-help Resources. If you want to talk to someone now, you’ll find several helplines you can call at the bottom of this page.

Glossary of abbreviations and acronyms

Numbers you can call for support

The Survivors Trust

• Helpline: 0808 801 0818

• Text: 07860 022 956

• Opening Hours:

Monday–Thursday: 10:00–12:30, 13:30–15:00, 18:00–20:00

Friday: 10:00–12:30, 13:30–15:00

Saturday: 10:00–12:30

Sunday: 18:00–20:00

Bank Holidays: 10:00–12:30

Website: www.thesurvivorstrust.org

Rape Crisis England & Wales

• Helpline: 0808 802 9999

• Opening Hours: 24 hours a day, 7 days a week

• Website: rapecrisis.org.uk