Criminal court
Criminal Court Evidence Checklist
Standard of proof: Beyond reasonable doubt — the jury/magistrates must be sure.
Police gather and CPS prosecute on the public's behalf — you are a witness, not the prosecutor. The CPS Code for Crown Prosecutors applies the two-stage test: (1) Evidential stage — realistic prospect of conviction; (2) Public interest stage — DA cases are almost always in the public interest to prosecute.
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
At the scene / immediately after
- Call 999 (or 101 if not urgent). Press 55 after 999 from a mobile if you cannot speak.
- Get a CAD/call reference number.
- Body-worn video — officers should record the scene and your account; ask for it to stay on.
- Photographs of injuries — including bruising 24–72 hours later when it darkens.
- Preserve clothing — do not wash if sexual offence (SARC referral).
- Forensic medical examination if injuries, strangulation, or sexual offence.
- Names and contact details of any witnesses on scene.
Witness statement (MG11)
- Free narrative first, then officer questions — don't be rushed.
- You can ask for a female / male officer and an interpreter.
- Read it carefully before signing — corrections matter.
- Special measures — automatically eligible as DA complainant: screens, live link, pre-recorded evidence (s.27/s.28 YJCEA 1999).
- Victim Personal Statement (VPS) — separate statement on impact, used at sentence.
Digital evidence
- Do NOT delete messages or call logs; back them up.
- Screenshots showing full conversation including sender/timestamp.
- Smart-home / location data (Find My, doorbell footage, car GPS) where relevant.
- Social media — preserve URLs and full posts; police can preserve via service providers.
Useful schemes
- DASH risk assessment — completed by police to rate risk (Standard/Medium/High).
- MARAC — multi-agency risk conference for high-risk cases.
- Clare's Law (Domestic Violence Disclosure Scheme) — right to ask/right to know about a partner's history.
- Sarah's Law (Child Sex Offender Disclosure Scheme).
- Independent Domestic Violence Advisor (IDVA) — free advocate through court process.