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Criminal Proceedings Part 3

So, your perpetrator has been charged and has either been remanded, or has bail conditions placed upon them.


At the point of charging they will be taken to court and asked to offer a plea of guilty or not guilty. If the alleged perpetrator (AP) pleads guilty then they will be sentenced and there will not be a trial. If the AP pleads not guilty, a trial date will be arranged and the AP will remain on remand/ bail until this date.


Will I have to attend court?

Yes. Anyone who provides a Police statement will be called to give evidence in court.


Will I have to give evidence?

Yes. The prosecution (basically the solicitor acting for the Police/CPS) will ask you questions and the defence (the AP's solicitor) will ask you questions.


Will there be a jury?

This depends on the seriousness of the crime. Lower level crimes are heard at a Magistrates court and higher level at Crown court. Crown court cases can be heard with a jury.


Will I have to see the perpetrator?

Not necessarily, you can ask for special measures which includes separate entrances to the court, screens within the court room or you could be granted permission to attend via video link. In criminal court you will be under the care of the witness service. They will be there to support you and guide you through the process and you will have a safe area within the court to wait.


What happens if they are found not guilty?

All bail conditions will be withdrawn and the case/investigation closed.


What happens if they are found guilty?

The perpetrator will be sentenced (given their punishment). Sometimes this happens straight away but on some occasions they will be called back within a few weeks or so for the decision. Sentencing can vary hugely from fines and community service to prison time. Many factors influence this decision including previous offences, seriousness of the crime, their original plea and their ability to show remorse or accountability. Magistrates are somewhat limited on their sentencing abilities when it comes to prison time so occasionally they may be transferred to Crown court for a higher sentence.


What if I want to withdraw my support in the case?

As previously discussed you can withdraw your statement and subsequent support at any time. In some cases this will lead to the AP being no further actioned. In other cases this may lead to the Police pursuing their case without a victim, aka you. Withdrawing your statement does not mean you won't have to attend court, the Judge can issue a summons for you to attend. Failure to respond to a summons is a criminal offence and you can be arrested.


This is a mere snapshot of the procedure and of course I am not an expert and I am not legally trained in these procedures. This is just based on research and my own experiences.



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