Before the trial

How long will we have to wait before the trial?

It is official policy to give priority to cases involving child witnesses. Cases are dealt with as quickly as possible, but some take a long  time to come to trial. Some Crown Court cases take about a year from the time the defendant is charged to the day the case is completed. The trial date may be postponed for unavoidable reasons. If you are concerned about the delay or have questions about what is happening, you can ask the police or child witness supporter for information.

Before the trial

No one knows your child better than you do. It is important to give the police any information that might affect your child and their ability to give evidence. Do this as soon as possible. Don’t put it off.

Tell the police or child witness supporter:

  • about your child’s worries and fears;
  • your views, and those of your child, about how he or she can best give evidence. The final decision is up to the judge or magistrate, but any information you can give will be helpful;
  • if your child is softly spoken or is likely to have a problem being heard in court;
  • if your child takes regular medication which might be needed at court, for example an asthma inhaler;
  • about the length of your child’s attention span. Might your child need a break while giving evidence? If your child is young, would it be better to give evidence in the morning rather than the afternoon?;
  • about any special words in your child’s vocabulary, for example for parts of the body; 
  • if your child has special needs. Ask the police or child witness supporter to make sure that everyone dealing with your child at court is aware of any learning disability or other special needs;
  • if you think a ‘supporter’ should be with your child while giving evidence. Discuss who this should be. It is up to the judge or magistrate to decide whether a supporter will be allowed, but it should be someone who is not a witness and who is not directly involved in the case; and
  • if there are dates to avoid in arranging the trial date (such as holidays that are already booked, school exams or religious holidays).

Am I entitled to be kept informed before the trial?

You are entitled to be kept informed about the progress of the case, but you may also have to make enquiries. The police, Witness Care Unit or child witness supporter should tell you about:

  • whether the defendant is in custody or on bail and if there are bail conditions not to contact your child or other witnesses;
  • the date of the trial;
  • any decision that the case will not go to trial, and the reason for this; and
  • discussions with the defence about a guilty plea to a lesser charge. (However, it is up to the Crown Prosecution Service whether to accept such a plea.)

This is a difficult situation for me. Can I get any help?

Ask for help if you need it

Many parents and carers need support around this time. The police, social services department, Witness Care Unit or child witness supporter will give you details of support schemes in your area.

Remember that feelings are catching

It can be diffi cult to hide your feelings all the time. But if your child sees that you are angry, upset or worried, the chances are that he or she will start feeling like this too. Reassure your child that you do not blame him or her.

Is it better to tell my child about the court beforehand?

Both you and your child will feel more confi dent if you know what to expect, both before the case gets to court and at the trial itself. Local arrangements for child witness supporters vary, but the police should identify someone who knows about court procedures, who can help your child go through young witness material and answer questions. This person can help in passing on information about your child to the police, Crown Prosecution Service and court staff.

Before the trial, the police or the child witness supporter can arrange for you and your child to look around an empty courtroom, although it may not be the one where the trial will be held. If your child is giving evidence using the TV link, then he or she is entitled to have a practice session on the equipment.

The police, child witness supporter or Witness Care Unit should tell you about:

  • whether the prosecution will apply to the court for your child to use a live TV link or a screen, and the result of the application;
  • arrangements to visit the court before the day of the trial; 
  • claiming travel expenses for the pre-trial visit to court and for the trial itself;
  • arrangements to remind your child, before the trial, of what your child told the police;
  • whether your child will be introduced to the lawyers and possibly the judge or magistrate before giving evidence (it is prosecution policy for the prosecutor to be introduced to the child beforehand); 
  • a suitable waiting area and other facilities at court;
  • how to contact the Witness Service at the court; and
  • arrangements to keep your child’s waiting time at court to a minimum. (You can ask if your child can wait ‘on standby’ somewhere near the court building.)

Bringing a case to court

There are three main stages in criminal cases.

The police

A complaint is made to the police, identifying the child as a victim of, or witness to, a crime. A police offi cer (and sometimes a social worker) interviews the child. This interview may be recorded on videotape. The police also speak to any other witnesses. They  interview the defendant about what the child and other witnesses have said. The police and Crown Prosecution Service (CPS) then decide whether they think the defendant should go to court.

The Crown Prosecution Service

The police inform the CPS about the case. They tell the prosecution what the child and parent(s) think about the child going to court to give evidence. The CPS then makes an independent decision on whether or not to go on with the prosecution. This decision is based on the information provided by the police. The CPS does not interview witnesses.

The CPS conducts the prosecution process. Its own staff prosecute cases in the Magistrates’ Court and Youth Court. In the Crown Court, the CPS employs independent lawyers (usually barristers) to prosecute on its behalf.

The court

Cases can be heard in the Magistrates’ Court, Youth Court or Crown Court. In cases to be tried at the Crown Court, initial hearings are  held in the Magistrates’ Court but these do not need witnesses.

Can I help my child?

Going to court