If there is a court case

The Crown Prosecution Service (CPS) and not the police - is responsible for prosecuting people charged with a crime, including sexual assault.

A Crown Prosecutor makes the decision on whether or not the case goes to court. This decision is based on two tests (which are set out in the Code for Crown Prosecutors).

The tests help CPS make a decision based on:

• Is there enough evidence for a 'realistic prospect of conviction'? The Crown Prosecutor must look at the evidence and decide if it is strong and reliable enough to be used in court. If they think there is not enough evidence, or it is not the right kind, the case cannot go to court, no matter how serious the crime is.
• Is it in the public interest for this case to go to court? If the crime is serious, the CPS will usually prosecute unless it would clearly not be in the public interest for them to do so. It is essential that any arguments against prosecuting clearly outweigh the reasons for.

The first stages of a court case will be 'heard' at a Magistrates' Court. You will not normally be asked to go to this hearing. The magistrates will decide if the case should go ahead and whether the defendant should be held or released on bail until the trial.

The magistrates' decisions will also be based on the evidence. They may disagree with the CPS and decide that there is not enough evidence. If so, they will stop the case. But if they agree that there is enough evidence, they will send the case to the Crown Court.

At the Crown Court a judge and jury will hear the case. Barristers will speak for the prosecution (the CPS) and for the defendant (the person charged with the crime of assaulting you). After hearing all the evidence, the jury will decide if they believe the defendant committed the crime.

If the defendant pleads not guilty to the crime, you may be required as a witness for the prosecution. There are many things we, the court and other agencies can do to make this easier eg. Quite often you don’t even need to step inside a court room to give your evidence, as it may be possible to do this by TV link.

You cannot talk to the barrister from the CPS about the case before you give your evidence as it could look as if you had been told what to say. They will introduce themselves and try to make you as comfortable as possible though.

It is against the law for newspapers or television to use your name or give details that would make it clear who you are. They can, however, repeat whatever you said in your evidence apart from those personal details.

You can get help and support from your Solace officer and the Crown Court Witness Service. Your Solace officer will liaise with the Witness Care Unit regarding issues such as transport, child care and welfare requirements. A pre-trial court visit can also be arranged with them to familiarise yourself with the surroundings which should help make going there less strange or off-putting.

If you are worried about your own or your family's safety, ask your Solace officer how we can help you.

Information about your case including the dates of the trial and the result will be passed by the CPS to the police so that your Solace officer can keep you informed. If the CPS chooses not to go ahead with the case against your alleged attacker, every effort will be made to speak with you and explain that decision in advance. The final decision rests with the CPS.

If you are not sure about what is going to happen or what any of the things that happen in court might mean for you, ask your Solace officer or support agency who have been helping you to explain.