What Is The Police Procedure When You Report A Crime Against Your Child
This webpage will show you the complete police procedure from reporting a crime, to the police investigating the crime, to it going to court, to restorative justice to claiming compensation.
Even though you may be explained the whole procedure by the police or informed slowly one step at a time we felt that you needed this page so you could access it whenever you want and get the information especially if your child is asking you what the next step is and you cannot remember.
STEP 1 – REPORTING THE CRIME
If you believe what has happened to your child is a crime then you must report the incident(s) to the police.
How to report to the police – You can dial 999 if a child is at immediate risk or a crime has been committed. The police will visit you and take all the details. You can also visit the station and report the crime face to face. Alternatively if there is no emergency you can dial 101 or file a report online.
LINK TO POLICE WEBSITE TO REPORT A CRIME ONLINE
Taking a witness statement – The police will take a witness statement from you. You will be asked to read it and sign it.
What the police will do after a reporting a crime – Once you have reported the crime to the police they will:
- Issue you with a crime reference number.
- Give you the telephone number and email address of the police officer in charge of your case
- Give you a confirmation of the crime you have reported in written format.
- Ask you to write a victim personal statement. This is sometimes called an impact statement. This is a statement informing the court (if the case goes to court) how the crime has affected you mentally, emotionally, physically and financially. This statement will be read out in court before any sentencing. You must inform the police whether you want to read it out yourself or you would like someone else to read it for you
- Once the police have issued a crime reference number they will ask the victim support organisation to contact you and your child within 2 days.
STEP 2 – THE POLICE INVESTIGATION
Investigating your case – The police will start to investigate your case. They may come back to you to clarify details or ask for more information.
If the police want to ask the media to help with the investigation, before giving some information to the media the police must ask for your consent.
When must the police contact you – The police are required to keep you updated as their investigation progresses. The police must also inform you within 5 days if someone has been arrested, charged, set free, bailed, cautioned, reprimanded, given a final notice, or a penalty with regards to your case.
STEP 3 – THE CROWN PROSECUTION SERVICE (CPS)
What will the CPS do? – Once the police have completed their investigation they will send a report to the crown prosecution service. A CPS officer will go over the whole case and look at the evidence. They will evaluate whether there is enough evidence, is the evidence strong enough and whether the case will be successful if it were tried in court.
If they decide to prosecute – If the CPS decide to prosecute you will be informed and given the date of the trial and where it will be held.
If they decide not to prosecute – If the CPS decide not to prosecute they must infirm you within 5 days of making the decision. You are entitled to question this decision and ask for a review.
LINK TO WEBSITE FOR CPS – VICTIM RIGHT TO REVIEW
The CPS letter/email informing you of their decision will contain information about how to ask for a review and the timescales.
A review can overturn the original decision not to prosecute or it can uphold the original decision (it stays the same).
A right to review request should be made within 10 days of the CPS decision letter. You will have to have a good reason to submit it after the 10 day period. Any right to review requests submitted after 3 months will probably not be accepted unless there is an exceptional circumstance.
Once the CPS have received your right to review request they will reply within 30 days. If they need more time they will inform you. They will keep you updated of the progress of your right to review request but no more than once every 20 days or so.
STEP 4 – THE COURT AND THE TRIAL
As stated above, if the CPS decide to prosecute you and your child will be informed and given the date of the trial and where it will be held.
If you or your child are a witness and giving evidence for the prosecution you will be allocated a witness care officer. Your child will be allocated a child witness care officer.
If you are a witness and giving evidence for the defence you will need to direct any questions you have about the court to your defence lawyer. If you need any help in the court you will also have to direct this to your defence lawyer.
What is a warned period or a floating trial? – In most cases there will be a fixed date for you to attend court. However, sometimes the court cannot give you a date so they will inform you of a period of time during which you must keep yourself available to attend. You most probably will be given a day’s notice. This period of time is referred to as a warned period or a floating trial.
What if you cannot attend – You must inform your witness care officer or the defence lawyer.
Videolink – Ask your witness care officer or the defence lawyer if you can give evidence via videolink especially if you live far away or cannot attend on the day.
Travel help – If you need help with travel speak to your witness care officer or the defence lawyer. They may be able to help.
Help with translator – Inform the CPS and they will arrange a translator free of charge if you are the witness and giving evidence for the prosecution. If you are a witness and giving evidence for the defence then you must ask your defence lawyer for a translator.
Help with special measures – Special measures are things that the court can do to help a witness or the victim. Help can be made available if the witness or victim has a mental or physical disability, is under 18 years of age, afraid, and/or is the victim of attempted murder, a sexual offence or domestic violence.
Some of the things that can be arranged are:
- a) Screens to shield the witness or victim when giving evidence.
- b) Communication aids.
- c) An intermediary to explain the questions.
- d) Recording evidence in front of a camera before the trail.
- e) Asking the public to leave the courtroom when giving evidence.
- f) Giving evidence by videolink.
- g) Asking lawyers and barristers to remove their gowns and wigs so they don’t appear scary
- h) A separate waiting area.
If you are the witness and giving evidence for the prosecution you must inform your witness care officer about any help you need. If you are a witness and giving evidence for the defence then you must ask your defence lawyer to arrange for the help.
Help with preparing and giving evidence – If you need help your witness care officer or defence lawyer will refer you to victim support if you live in London or citizens advice witness service if you live outside London.
LINK TO VICTIM SUPPORT – GIVING EVIDENCE
LINK TO CITIZEN ADVICE WITNESS SERVICE
Visiting the court pretrial – Victim support and the citizens advice witness service can help you arrange this. They can also go over the court process, inform you who is who in the court and answer any questions.
Preparing your child for court – The government has produced leaflets for you and your child. Please click on the links below.
LINK TO GOVERNMENT WEBSITE FOR YOUR CHILD IS A WITNESS BOOKLET
LINK TO GOVERNMENT WEBSITE FOR YOUNG WITNESS BOOKLET FOR 5 -11 YEAR OLDS.
LINK TO GOVERNMENT WEBSITE FOR YOUNG WITNESS BOOKLET FOR 12 -17 YEAR OLDS.
LINK TO WEBSITE FOR NSPCC YOUNG WITNESS SERVICE
LINK TO WEBSITE FOR CITIZENS ADVICE GUIDE – GOING TO COURT AS A WITNESS IF YOU’RE UNDER 18 YEARS.
LINK TO WEBSITE FOR CHILDLINE GOING TO COURT.
On the day – Your witness care officer, defence lawyer and the citizens’ advice witness service (if they are present) will assist you on the day. They will direct you to the courtroom and waiting area then inform you when you are called to give evidence.
If someone intimidates you or threatens you, you must inform the court staff immediately. They will call the police.
Your statement – On the day you are called to the court you can ask the CPS if you can view the witness statement you have already given to the court. You can add some details if you have remembered them. You are not allowed to remove details.
When trial is finished – Once the trial is over your witness care officer will inform you of the verdict within 24 hours. They must also inform you of the sentence (when it has been passed) and if the perpetrator is going to appeal the verdict and sentence.
Claiming expenses – If you are a witness and gave evidence for the prosecution you can claim your expenses from the CPS. If you are a witness and gave evidence for the defence you will need to claim your expenses from the defence lawyer.
You should be sent an expenses claim form before the trial. If you do not have one please ask the court staff, court usher or the citizens advice witness service. You can claim the following from the CPS:
TRAVELLING – 2nd class fare for public transport or 25p per mile in a car.
CHILDCARE – £67 per day
FOOD – £2.25 up to 5 hours in court and £4.50 for between 5 – 10 hours in court.
LOSS OF EARNINGS – £33.50 up to 4 hours in court (£42.95 if self employed), £67 for more than 4 hours in court (£85.90 if self employed).
STEP 5 – CLAIMING COMPENSATION
You can make a claim for compensation if you are the victim of a violent crime within 2 years of it occurring. You can also claim if your close relative died, you witnessed the crime, you paid for the funeral costs for the victim of crime who passed away or you were injured trying to prevent a crime.
It is free to make an application for compensation.
LINK TO GOVERNMENT WEBSITE FOR CLAIMING COMPENSATION IF YOU ARE A VICTIM OF A VIOLENT CRIME
STEP 6 – RESTORATIVE JUSTICE
Restorative justice is where the perpetrator and the victim meet so the victim gets a chance to inform the perpetrator what they feel and how the crime has affected them. The process has been found as a tool to rehabilitate the perpetrator.