Court proceedings for pre-trial

One of the decisions that have to be made at the defendant’s first appearance is -- in which court his case will be tried in (prosecuted in).

Magistrates' Court

Cases that are considered less serious are heard in the Magistrates' Court. In the Magistrates’ court, there are two types of person who will hear your case.

Magistrates: Magistrates are members of the public with no legal qualifications. There are normally three magistrates who hear the case and make decisions on the case.

Judge(s): A judge or judge. Sometimes cases are heard by one judge, called a district judge. District judges are legally qualified.

Sentence: In the Magistrates’ Court, the maximum sentence that a person can receive is 6 months imprisonment for one offence and 12 months imprisonment for more than one offence.

Crown Court

The most serious cases are tried in the Crown Court. In the Crown Court, there are two types of person who will hear your case.

Jury: The jury will be made of 12 randomly selected members of the public. The jury will decide whether the defendant is guilty or not guilty.

Judge: There will also be a judge who oversees the case. The judge will make decisions about the law (such as whether particular evidence can be allowed at the trial).

Sentence: If the jury finds the defendant guilty, then the judge will decide the sentence. Unlike at the Magistrates’ Court where there are limits on the maximum length of sentence, judges can sentence a defendant to any term in prison up to the maximum sentence available in law.

All criminal cases start in the magistrates’ court with more serious cases being transferred to the Crown Court for trial.

Offences can be tried in either the magistrates’ court or the Crown Court depending on two things: sentencing powers and the defendant’s decision. The first question is whether the magistrates’ sentencing powers are sufficient.

The maximum sentence that a person can receive in the magistrates’ court is 6 months imprisonment for one offence and 12 months imprisonment for more than one offence and/or a fine.

Cases where the sentence required maybe more than this must be sent to the Crown Court to be tried. If the magistrates decide that their sentencing powers are sufficient, the defendant can then choose whether to be tried in the magistrates’ court or the Crown Court.

Trials for rape and assault by penetration are always heard in the Crown Court.

Whether or not a trial for sexual assault or causing someone to engage in sexual activity is heard in the Crown Court will depend on factors including the nature and seriousness of the offence.

Source:

Rights of Women

If you attend court as a witness either to your own case or to another person's case, it is against the law for the media to use your name or give details that would make it clear who you are.

Certain witnesses are considered vulnerable and in need of special protection and support. These witnesses include:

• intimidated witnesses (witnesses suffering from fear and distress);

• young witnesses (under 18);

• learning disabled witnesses;

• physically disabled witnesses; or

• witnesses with mental disorders or illnesses.

Source:

Rape Crisis UK

When can a defendant be given bail?

• during a police investigation

• before trial

• a defendant who has been charged with an offence and remanded in custody has the right to apply. Their first opportunity to make a bail application will usually be at their first appearance at the magistrates’ court.

What will be considered to help the court decide to grant bail or not?

• type and seriousness of the offence

• defendant’s character, previous convictions, friendships and community ties

• defendant’s record of attending court and fulfilling bail conditions in the past

• strength of the case against the defendant

• whether there is a real prospect that the defendant would receive a custodial sentence if convicted

• any other considerations the court thinks relevant.

When could the court refuse bail?

Where the defendant, if bailed, might commit an offence involving domestic violence. This is supported by the the Legal Aid, Sentencing and Punishment of Offenders Act 2012 where a new provision has been inserted in the Bail Act 1976.

There has also been a change to the law to allow the CPS to appeal to the High Court if a Crown Court Judge grants a defendant bail (in some circumstances).

The court can impose any condition it considers necessary on the defendant to ensure that he attends court and does not commit any further offences, including:

• Non-contact with the victim or witnesses, either directly (for example by telephoning the victim or messaging her on Facebook) or indirectly (such as passing messages through friends).

• Residence at a certain address (including at a bail hostel).

• A surety (where a third party who has influence over the defendant promises to secure his attendance at court and to pay a certain amount of money to the court if the defendant does not then attend when required).

• A security (where someone pays the court money which is forfeited if the defendant does not then attend court when required).

• Reporting to a police station at certain times or frequencies (for example, ‘twice a day at 10am and 2pm’ or ‘every Wednesday afternoon’).

• Curfew (having to be at his place of residence between certain times such as overnight. This can be monitored by electronic tagging equipment or by the police).

• Staying in or out of certain areas.

If a defendant is charged with murder, manslaughter or rape (or attempting any of these offences) and has a previous conviction for one of these the court may only grant bail him in “exceptional circumstances” and must give reasons if it does.

If you are concerned about whether the defendant will be granted bail, or, if he is granted bail, under what conditions, you should discuss those concerns with the Specially Trained Officer dealing with your case. The officer should discuss your concerns with you and pass these on to the CPS. The CPS should then make representations (arguments on your behalf) to the court which reflect your concerns (where they relate to the statutory reasons set out above). The court will then decide whether or not the defendant should be granted bail.

It is a criminal offence to fail to surrender to custody (attend court on the required day at the appointed time). It is not a criminal offence to breach a bail condition but someone who breaches his bail can be arrested and must be brought to the court that granted bail within 24 hours. If the defendant is found to have breached his bail the court can then reconsider whether to re-release the defendant on bail. Bail may be taken away (revoked) or more onerous conditions added.

A defendant can make two applications for bail. Further applications can only be made if there has been a change of circumstances (for example, a family bereavement). The defendant also has the right to appeal the decision to refuse him bail to the Crown Court.

If you are threatened or harassed in any way by the defendant, his family or friends, either before or after he appears in court, you can tell the police. In addition to being a possible breach of his bail conditions, it is a serious criminal offence to do something that stops you from giving evidence in a criminal trial. You should keep a record of any behaviour of the defendant, his friends or family which might be a breach of the defendant’s bail conditions or an attempt to intimidate you. This will help the police decide whether or not the defendant has breached his bail or whether or not another offence has been committed. It may be used as evidence against him in court

Source:

Rape Crisis

Date checked: 14.06.20

Moreover, the victim will need to be prepared for any type of questions the court will ask, with the support of the victim's legal team. When delivering evidence, the victim should be aware of the right to take a break off if is need it.

Based on the complications of the case, there is a possibility to attend the court for more than one day. It's crucial to know that when we assist in the court, we wear clothes we feel comfortable in. When the court finds the defendant not guilty, we have to be aware that our account of the sexual violence will be annulated.

It is normal to be unaware of what a defendant’s defence is. Different things can happen, for example, the defendant can claim that we agree to have sexual activity or that the defendant was not the one who committed the sexual offence. During the process of the case, we can’t practise or talk about the evidence with no one (our evidence our true and no one else). But we can consider thinking about the questions or situations that can happen in court so we can be prepared for it. Remember that if we want, we can ask for support at court. Also, do we need assistance from the Witness Service to be next to us when we are giving our testimony? If we are having support from an ISVA or other professional services, or a local Rape Crisis, do we need them to assist the court with us? Normally the criminal trials happen in public, is important to consider if we want friends or family support.

Source:

Rights of Women

If a case is being tried in the Crown Court the first significant hearing will be the Plea and Case Management Hearing (or PCMH). At this hearing, the defendant will be asked to formally enter a plea of guilty or not guilty.

If the defendant pleads guilty the case may be adjourned for sentencing.

If they plead not guilty the Judge will set a trial date and make various orders (give directions) to the parties about things that need to be done before the trial.

Source:

Rape Crisis UK

Date checked: 14.06.20

Applications for special measures may be made at a Plea and Case Management Hearing (PCMH) or an arrangement made to deal with them at a later hearing.

There will usually be additional hearings, called mentions, between the PCMH and the trial to deal with any other matters that arise. During this process the CPS should keep you informed of any developments in your case. For cases involving serious sexual offences, the prosecutor at all Crown Court hearings should be a specially trained sexual offences prosecutor.

Source:

Rape Crisis UK

Checked: 14.06.20

If you are called as a witness for the prosecution, you will be summoned to give evidence in court on a particular date. The Witness Care Unit will try to set a court date which is convenient for you to attend. However, if you have a problem with this date, or you believe that it might be difficult for you to appear in court due to practical issues, follow the contact information which the court has provided (for example on the letter which contains your court date).

You will probably be notified of your 'court date' by letter. So, if you move or your address changes at some point during the trial, you should update the police and/or your police point-of-contact.

Note: if the case is delayed, you may arrive at court on your court date and be summoned to appear again on a different date. If for some reason on the day of your court date you are running late or unable to attend, get in touch with your police point-of-contact or with the court.

Source:

Rape Crisis UK

You may decide that you do not want the criminal proceedings against the defendant to continue. If this is the case you can contact the police officer dealing with your case and ask to make a withdrawal statement.

In the withdrawal statement you will have to explain why you do not want the proceedings to continue. You may be anxious about giving evidence in court or be put under pressure to withdraw your support of the investigation or prosecution by others. You may be concerned about the impact of the investigation or trial on your health or wellbeing, or on your family. You may be in fear of the defendant or you may not have the information and support you need.

If you make a withdrawal statement the police will want to discuss with you why you no longer support proceedings, particularly if you have been put under pressure, or fear, by the defendant. If the person responsible for the violence (or one of his friends or family members) has contacted you or threatened you, he may have either breached his bail conditions or committed further offences, such as interfering with a witness or perverting the course of justice. These serious criminal offences are designed to protect witnesses.

The police may ask you whether the original statement that you made reporting the offence was true. A person who gives incorrect or misleading information to the police can be charged with wasting police time or perverting the course of justice. If you are concerned that you may be investigated for, or charged with an offence after withdrawing your support of a prosecution, you should seek legal advice, either from our advice line (see inside front cover) or a solicitor. The police and the CPS should be able to tell the difference between someone who deliberately makes a false allegation to the police and someone who honestly or truthfully reports an offence, but later decides that they do not want the case to proceed. Further information and guidance on this can be found on the CPS website.

Whether or not the investigation or court proceedings are stopped after you have made a withdrawal statement will depend on factors including what stage your case is at and how much evidence there is against the suspect/defendant. If you make your withdrawal statement before the suspect is charged with any offence it is likely (but not certain) that the police investigation will stop. However, if the defendant has been charged the proceedings against him may continue. When deciding whether or not to continue with a prosecution without your support the CPS will consider factors like your safety, the strength of the evidence against the defendant, and the public interest in prosecuting them.

The CPS has guidance on the prosecution of rape and domestic violence offences that deal in more detail with the factors that the CPS will consider when deciding whether or not to continue with a prosecution. This guidance is available here.

If the CPS decides to continue with a prosecution that you do not support they can either continue without your evidence (for example, by relying on the evidence of other witnesses) or compel you to attend court with a witness summons.

Source:

Rape Crisis UK

For cases that go to court, the police will refer you to Witness Service which is run by Citizen’s Advice. Based in the court, Witness Service will help you throughout the trial and provide you with information.

If your case does not go to court or if you would like additional support, you can find local centers that will provide you with resources and/or advice to help you cope and support you through this process.

Source:

CPS

The CPS gives guidance for witnesses giving evidence during a trial. This guidance includes:

• Look at your witness statement or video testimony before giving evidence, if you provided one.

• Listen to all questions carefully.

• Don’t be afraid to ask for the question to be repeated or rephrased if you don’t understand.

• Answer all questions truthfully, however difficult they may be.

• Don’t be afraid to say if you don’t know or can’t remember.

• Ask for a break if you need one.

• Don’t discuss or show your evidence to other witnesses.

Source:

CPS

Disclosure is one of the key issues that is usually looked at during pre-trial, irrespective of which court the trial is taking place.

In order to ensure fair trial, CPS has to show and disclose the defense 1) all evidence they have against the defendant, 2) any evidence that may undermine the prosecution’s case or assist the defendant's case.

This evidence could include witness statements (including the victim's statements), forensic medical reports and any other relevant evidence.

Source:

Rape Crisis UK

A witness summons is an order, made by a court, requested by the defense or the CPS, and served on you (given to you personally). It compels you to attend court and give evidence.

A magistrates’ court or Crown Court will issue a summons if:

• The summoned person is able to give material evidence.

• The court considers that it is helpful to justice.

If you are summoned to court and you do not attend, you may be issued a warrant for your arrest, then arrested and brought to court. If you had no excuse for not attending, then you will be fined or imprisoned.

If you have given a witness sentence to the police, you will be told (by letter) when to attend court. The CPS (through the Witness Care Unit) will arrange a date for the trial for you. You should keep the police informed in case you change your address.

If you find it difficult to attend on said date, you must inform the person who invited you to court, as soon as possible.

If something comes up during the day of the trial and you can’t get there, you should contact the police officer dealing with your case, or the court and let them know of your situation.

The case might be delayed, and you may have to return another day. It can be frustrating if you have attended the court unnecessarily. The court will do everything it can to ensure that cases are not delayed. However, it is important to attend court each and every time you are asked.

You have the right to be present during the defendant’s trial. If you are a witness for the prosecution, you might be one of the first witnesses to give evidence in court. You will only be allowed into court after giving your evidence, so you are not influenced by anything that happens at the trial. Then you can stay for the rest of the trial. You are entitled to bring another person for support.

Source:

Rape Crisis UK

Checked 14.06.2020

If you need to seek therapy or counselling prior to the trial, you may do so; oftentimes people who have experienced sexual violence need support in the form of therapy or counselling to take care of their mental and emotional well-being. You may reach out to a relevant health professional (e.g. doctor or counsellor) to access the support service.

However, if you as a witness have therapy before you give evidence in a criminal trial, you need to make the CPS aware of this by telling your STO (Special Trained Officer). This is because what a witness says in court about what has happened to them and how they answer questions is extremely important in enabling a jury (or magistrates or a District Judge) to reach a decision about whether or not the defendant is guilty of the offence. Pre-trial discussions about a witness’ evidence may affect whether or not it is considered to be reliable; it may be argued that the witness has been “coached”. Different types of therapy present different challenges for the criminal justice process. For example, cognitive behavioural therapy (CBT) that helps you deal with feelings of anxiety is considered to be less problematic than group therapy where your account of what you have experienced may be influenced by what others in the group say.

The fact that a witness is undertaking pre-trial therapy may have to be disclosed to the defence. This could lead to the defence applying to the court for information about what is said during the therapy. This cannot be done simply to find out what a witness is doing or thinking; only where the information could be important for the defence. This could be because a witness has told the police one thing about what happened to them and their therapist another, or where a witness has a mental health problem that affects their credibility (e.g. because they have visions or delusions).

Guidance on all these issues has been given in the Provision of Therapy for Vulnerable or Intimidated Adult Witness Prior to a Criminal Trial which is available to download here: www.cps.gov.uk/publications/prosecution/pretrialadult.html

You can discuss the consequences of having therapy with one of the organisations listed at Appendix A or in confidence on Rights of Women’s legal advice line. If you attend a SARC, they may have counsellors available who you can talk to.

Source:

Rape Crisis UK

Anyone who gives evidence for the prosecution during a trial is considered a witness. The job of the Witness Care Unit is to support anyone who is called to be a witness (including the victim(s) of the crime). This support may include:

• Answering your questions about giving evidence in court.

• Helping you make arrangements for appearing in court, for example, if you need a translator, or childcare during your appearance.

They will also inform you about important updates in the trial, including the outcome.

Through the Witness Care Unit, you should get a single point of contact, an officer of the CPS or the police. If you are not contacted by a Witness Care Unit about assigning you an officer after the case goes to trial, talk to the police officer who is managing your case.

Source:

Rape Crisis UK

The Witness Service provides support to people affected by crime, including victims and witnesses. They can provide information and advice about going to court, and answer your questions about general court proceedings, for example what it's like to give evidence. They also offer immediate and longer-term emotional support throughout the process of going to trial and afterwards.

The Witness Service can also help you in a variety of practical ways to do with giving evidence in court, including:

• Arranging a visit the court before the trial, so you can be familiar with the environment before attending the trial.

• Arranging a separate waiting area at the court (where possible).

The Witness Service is a part of Victim Support, an independent charity, and is therefore different to the Witness Care Unit, which is a service provided by the CPS and police force. You can find a link to contact your local Victim Support service below.

Find your local Victim Support service here.

Source:

Rape Crisis UK

Trials usually take place in open court, where the public has access to the courtroom and the press is allowed to report on the proceedings as they take place.

For a sexual violence or intimidation case, a Judge will make the decision whether the victim's evidence should be heard in private. Private hearings are rare and take place with one named person present to represent the press and the defendant (s), the legal representatives and any interpreters if applicable. The fact that the victim might find giving evidence in open court difficult or embarrassing may not be enough to persuade the court to hear their evidence in private.

Whether the case is presented in private or public court, the press has no right to reveal the identity of the victim in case of sexual violence. This is a criminal offence.

Source:

Rape Crisis UK

The first hearing is the first time that the offender/defendant appears in court. It is also known as the first appearance.

For this first hearing, the survivor is not required to attend, unless if they wish to. The survivor has the right to attend all court hearings relating to their case by sitting in the public gallery of the court. However, there are some exceptions:

• If the public gallery is closed which happens rarely in specific legal circumstances.

• If the hearing involves discussion of legal or evidential issues that could impact on the victim's evidence that is still to be provided.

• During the trial before the victim provides their evidence.

During this first hearing, the defendant will be asked if he/she is guilty or not guilty of the offence(s). In the event of the defendant denies the charges and claims to be Not guilty, the court will make certain decisions on next steps, such as which court will hear the trial, whether bail will be granted, and others.

Source:

Rights of Women