Navigating the Criminal Justice Process: A Survivor's Guide

The criminal justice process can be overwhelming, especially for survivors of crime. Understanding the steps involved can empower you to navigate this complex system with confidence. This guide aims to provide clarity on what to expect, how to prepare, and the resources available to support you throughout your journey.

The entrance of a courthouse, symbolizing the beginning of the legal process.

Understanding the Criminal Justice Process (England and Wales)

The criminal justice process in England and Wales involves a number of stages. Not every case follows the same path, and some cases may stop at an early stage. Understanding how the process works can help reduce uncertainty and support informed decision-making.

1. Reporting the crime

The process usually begins with reporting the crime to the police. This can be done online, by telephone, or in person at a police station. When making a report, you may be asked to provide information such as:

• the date and time of the incident (or approximate timeframe)

• where the incident took place

• details of the person responsible (if known)

• any witnesses

• any messages, photos, medical evidence or other relevant information

You do not need to remember everything at once, and it is okay if details are unclear or incomplete.

2. Police investigation

Once a report is made, the police will begin an investigation. This may involve:

• taking a statement and follow-up accounts

• gathering physical or digital evidence

• speaking to witnesses

• forensic work where appropriate

• liaising with specialist officers and other agencies

Investigations can take time, and you should be kept informed of progress where possible.

3. Arrest, voluntary interview and bail

Depending on the circumstances, a suspect may be:

• arrested, or

• invited to attend a voluntary interview under caution

  
  

Following interview, the suspect may be:

• released under investigation (RUI)

• released on police bail (sometimes with conditions)

• kept in custody while enquiries continue

  
  

Bail conditions can include restrictions on contact or movement where appropriate.

4. Charging decision (Crown Prosecution Service)

For many serious offences, including most sexual offences, the police submit the case to the Crown Prosecution Service (CPS). The CPS decides whether:

• there is a realistic prospect of conviction, and

• a prosecution is in the public interest

If a charge is authorised, the case proceeds to court. If not, you should be informed of the decision and any available options.

5. First court appearance

Most cases begin in the Magistrates’ Court. At this stage, the court will:

• confirm the charge(s)

• consider bail or custody

• decide how the case will proceed

Serious cases, such as rape, are sent to the Crown Court for trial.

6. Plea and case management hearings

In the Crown Court, there are hearings to:

• take the defendant’s plea (guilty or not guilty)

• set a timetable for the case

• address legal and practical issues ahead of trial

If a guilty plea is entered, a trial may not be required.

7. Disclosure and trial preparation

This stage involves:

• the prosecution sharing evidence with the defence

• legal arguments about what evidence can be used

• witness arrangements and trial planning

Survivors may receive support from a Witness Care Unit and/or an Independent Sexual Violence Advisor (ISVA) during this stage.

8. Trial

If the case goes to trial, evidence is presented by both the prosecution and defence. In the Crown Court, trials are decided by a jury, with a judge overseeing the process.

Survivors may be eligible for special measures to help them give their best evidence, such as giving evidence by video link or behind a screen.

9. Verdict and sentencing

If the defendant is found guilty, the judge will decide the sentence. This may happen immediately or after reports are prepared. Survivors can choose to submit a Victim Personal Statement, explaining how the offence has affected them.

10. Appeals

In some circumstances, a defendant may appeal their conviction or sentence. Appeals are based on legal grounds and do not involve re-trying the entire case.

Preparing for each stage

Reporting

• Write down what you remember when you are able.

• Ask about specialist support services early.

Investigation

• Keep your contact details up to date.

• Ask who your point of contact is and how you will receive updates.

Court process

• Ask what to expect and what support is available.

• Discuss safety concerns and special measures if needed.

  
  

Support and resources for survivors

Navigating the criminal justice process can be difficult, and support is available, including:

• Independent Sexual Violence Advisors (ISVAs) for advocacy and practical guidance

• Counselling or therapeutic support

• Witness Care Units

• Legal advice or legal aid (where appropriate)

• Peer or support groups

Conclusion

The criminal justice process can feel complex and overwhelming, but understanding the stages involved can help you feel more informed and prepared. Support is available, and you do not have to navigate this process alone. Your experiences matter, and you are entitled to clear information, dignity and support throughout.