What happens after you report?
Waiting to hear back from the police can be one of the hardest parts. This guide outlines the usual stages in England and Wales, with notes on Scotland and Northern Ireland. Every case is different, and not every case goes through every step.
The short version
- After a report, police investigate, then decide, often with prosecutors, whether to charge.
- This can take a long time. Silence doesn't always mean nothing is happening.
- You have rights to information along the way, and you can ask questions.
- If the decision is not to charge, you may be able to ask for a review.
- An advocate can support you at every stage, whatever you decide.
1.Making the reportYou can report by phone, online, at a station, or with help from an advocate.
An officer will usually ask what happened, whether you're safe now, and about any children. They may ask risk questions, such as the DASH checklist in England and Wales. You can ask for a break, an interpreter, or a female officer, though this can't always be arranged.
You should be given a crime reference number. Write it down somewhere safe. You can ask how and when the police will contact you, and say which ways are safe.
2.Giving a statementThis may be written, or a video-recorded interview.
A statement records what happened in your words. Some people give a video-recorded interview instead, which can later be used as evidence. You can ask to read your written statement before signing, and to correct anything that isn't right.
It's normal not to remember everything in order. Fear and trauma affect memory. You can add things later by giving a further statement.
3.The investigationPolice gather evidence. This can take weeks or many months.
Officers may speak to witnesses, collect messages, phone data or footage, and interview the suspect. The suspect may be arrested, or interviewed voluntarily. You may not hear much for a while, which can be hard.
Under the Victims' Code in England and Wales, you have a right to be told about key decisions in your case. You can ask your officer how often you'll get updates.
4.Bail and releaseThe suspect may be released with or without conditions.
After arrest, a suspect may be released on bail with conditions, such as not contacting you or not going to your street, or released under investigation with no conditions. You can ask to be told about this, and what any conditions are.
If conditions are broken, tell the police. If there are no conditions, you can ask about other protection, such as a protective order. A specialist can help with safety planning during this time.
Read more: Court orders.
5.The charging decisionPolice or prosecutors decide whether to charge.
In England and Wales, the Crown Prosecution Service decides on most domestic abuse charges. It applies a two-part test: whether there is enough evidence, and whether a prosecution is in the public interest. In Scotland, the Crown Office and Procurator Fiscal Service decides; in Northern Ireland, the Public Prosecution Service.
A decision not to charge is not a finding that you weren't believed or that nothing happened.
Read more: How charging decisions are made.
6.If there is no further action (NFA)You may be able to ask for the decision to be reviewed.
In England and Wales, the Victims' Right to Review scheme lets you ask for certain police and CPS decisions not to charge, or to stop a case, to be looked at again. There are time limits, so it can help to ask quickly. Scotland and Northern Ireland have their own review routes.
Read more: When the system lets you down; review request letter.
7.If the case goes to courtA Witness Care Unit should keep you informed.
If the suspect pleads guilty, you may not need to give evidence. If they plead not guilty, there will be a trial and you may be asked to be a witness. You can ask about special measures, such as a screen or giving evidence by video link. The court decides which are used.
You can usually visit the court beforehand, and the Witness Service can support you on the day. You may be able to make a Victim Personal Statement explaining how the crime affected you.
Read more: Criminal court checklist; Victim Personal Statement.
8.After the outcomeWhatever happens, support is still available.
If there is a conviction, the court may make a restraining order. If the person is jailed, you may be eligible for the Victim Contact Scheme in England and Wales, which can tell you about release and let you ask for licence conditions.
If there's no conviction, a restraining order may still be possible in England and Wales where the court thinks it is needed. Whatever the result, you can keep getting support.
Read more: Recovery and rebuilding.
If the case goes to court: step by step in each nation
Criminal courts work differently in England and Wales, Scotland and Northern Ireland. Open the one where the case is being heard. Not every case goes through every step, and many cases end early, for example if the person pleads guilty. Family court is separate; see the family court process.
England and WalesThe Crown Prosecution Service (CPS) brings the case. A Witness Care Unit should keep you updated.
1.First hearing at the magistrates' court
Every criminal case starts here. The person is usually asked how they plead. You don't normally need to attend this hearing.
2.Which court hears the case
Less serious cases stay in the magistrates' court. More serious cases are sent to the Crown Court, where there is usually a plea and trial preparation hearing.
3.Getting ready to give evidence
If the person pleads not guilty, you may be asked to be a witness. You can ask about special measures, such as a screen or a video link, and about visiting the court beforehand. The court decides which measures are used.
4.The trial
In the magistrates' court, magistrates or a district judge decide. In the Crown Court, a jury decides. Trials are often listed months ahead, and dates can move.
5.Your Victim Personal Statement
If the person is found or pleads guilty, you can usually say in your own words how the crime affected you. The court considers it when sentencing.
6.Sentencing and orders
The court decides the sentence. It may also make a restraining order to protect you, sometimes even if the person is found not guilty.
7.After the case
For some violent or sexual offences with longer sentences, you can join the Victim Contact Scheme to hear about release. Some Crown Court sentences can be asked to be reviewed as unduly lenient, but only within a short time limit, so ask quickly.
Official information: GOV.UK: going to court as a victim or witness
ScotlandThe Crown Office and Procurator Fiscal Service (COPFS) brings the case. Its Victim Information and Advice (VIA) service may keep you informed.
1.The procurator fiscal decides
After the police report the case, a procurator fiscal decides whether to prosecute and in which court.
2.Which court hears the case
Less serious cases go to a Justice of the Peace or sheriff court without a jury. More serious cases are heard by a sheriff with a jury, or in the High Court.
3.Early hearings
The person is asked how they plead. There are usually further hearings to check the case is ready. You don't normally attend these.
4.Getting ready to give evidence
If you are cited as a witness, you can ask about special measures, such as a screen, a supporter or giving evidence from another room. In domestic abuse cases, the accused is not allowed to question you in person.
5.The trial
A sheriff or justice decides in summary cases. A jury decides in more serious cases. Dates can move.
6.Sentencing and orders
If the person is convicted, the court decides the sentence. It may make a non-harassment order to protect you. In some cases you can make a victim statement.
7.After the case
You may be able to join the Victim Notification Scheme to hear about release in some cases.
Official information: mygov.scot: victims and witnesses
Northern IrelandThe Public Prosecution Service (PPS) brings the case. The Victim and Witness Care Unit should keep you updated.
1.The PPS decides
The police send a file to the PPS, which decides whether to prosecute.
2.Which court hears the case
Less serious cases are heard in the magistrates' court. More serious cases are sent to the Crown Court.
3.Early hearings
The person is asked how they plead, and the court checks the case is ready. You don't normally attend these.
4.Getting ready to give evidence
If you are a witness, you can ask about special measures and a pre-trial visit. The court decides which measures are used.
5.The trial
A district judge decides in the magistrates' court. A jury decides in the Crown Court. Dates can move.
6.Your victim statement
If the person is convicted, you can usually tell the court how the crime affected you.
7.After the case
You may be able to join the Prisoner Release Victim Information Scheme. Some Crown Court sentences can be referred as unduly lenient within a short time limit, so ask the PPS quickly.
Official information: nidirect: going to court as a victim or witness
This section has not yet been checked by a qualified lawyer. Please confirm details with a solicitor, advocate or the witness service before relying on them.
Questions you could ask your officer
- What is my crime reference number, and who is my contact?
- How often will I get updates, and how will you contact me safely?
- Has the person been arrested or released, and are there any conditions?
- Can I be referred to an Independent Domestic Violence Advisor (IDVA) or stalking advocate?
- What should I do if something else happens?
Printable: police reporting preparation checklist.
Sources
- Code of Practice for Victims of Crime (England and Wales)
- The Code for Crown Prosecutors
- CPS Victims' Right to Review
- Crown Office and Procurator Fiscal Service (Scotland)
- Public Prosecution Service for Northern Ireland
- Victim Contact Scheme
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General information only. This does not replace advice from a solicitor or specialist domestic abuse service about your own situation. The law and court procedures differ between England, Wales, Scotland and Northern Ireland, and they change.
- Covers:
- England, Wales, Scotland, Northern Ireland
- Sources last checked:
- not yet re-checked against current law
- Qualified legal review:
- pending, please check details with a solicitor or advocate before relying on them