The Process of a Criminal Case
From complaint to court, it is important for anyone accused of a criminal offence to understand the processes involved. A criminal investigation and any subsequent court proceedings can take a lengthy amount of time, in some cases years. Obtaining advice and support throughout this time period is crucial to ensuring that your position is defended and reputation protected.
. The Reporting of an Allegation
The first stage of the criminal investigation process is the making of a complaint. Anyone can make a report of a criminal offence to the police, they can do this in various ways;
- Calling 999 (in an emergency)
- Calling 101
- Completing an online report form
- Attending the police station
Whichever way in which an allegation is made the police have a duty to investigate.
In some circumstances, particularly in cases which concern the possession, making or distribution of indecent images, or extreme pornographic images
the police can be notified of the alleged offence by the National Crime Agency, internet provider or social media platforms.
The Investigation
It is the responsibility and duty of the police to investigation or alleged criminal offences. Investigations should be carried out fairly, and with an objective view rather than a biased opinion. When investigating an allegation the police must adhere to the Codes and Practices set out within the Police Criminal Evidence Act 1984, and any other relevant laws and procedures that may be applicable to the case. An investigation can include:
- Obtaining statements from the complainant and witnesses
- Obtaining an account from the suspect, usually by a police interview held under arrest or on a voluntary basis
- Securing CCTV footage
- Gathering forensic evidence
- Examining electronic equipment such as smartphones, tablets or computers.
During the investigation, particularly in complex cases, the Crown Prosecution Service can be come involved to provide the police with early investigative advice. This purpose of this is for the CPS to advise potential lines of enquiry that will assist the CPS when considering the Full Code Test.
Who Decides whether to Charge a Suspect?
Decisions to charge a suspect can be made by both the police and the CPS. The police make charging decisions in less serious cases which amount to around two thirds of cases that are investigated. The more serious offences, such as
rape,
domestic abuse
and
sexual offences against children
will be passed to the CPS so that a qualified lawyer can apply the Full Code Test to determine whether there is a realistic prospect of conviction following a thorough consideration of the evidence and any public interest factors that may apply.
How Does the CPS Make a Decision?
To charge a person with an offence the CPS must pass a two stage legal test, this is known as the Full Code Test.
Step 1:
Is there enough evidence against the suspect to provide a realistic prospect of conviction.
It is at this stage evidence collected during the investigation, including evidence which goes in the suspects favour is thoroughly considered by the reviewing CPS lawyer. Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge*. They must consider what the defence case may be, and how it is likely to affect the prospects of conviction. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be. Considerations include:
- Can the evidence be used in court?
- Is the evidence credible?
- Is there any other material that might affect the sufficiency of evidence?
Step 2:
Is it in the public interest to prosecute the suspect?
When considering the public interest test the CPS lawyer may consider factors such as:
- How serious is the offence committed?
- What is the level of culpability of the suspect?
- What are the circumstances of and the harm caused to the victim?
- What was the suspect’s age and maturity at the time of the offence?
- What is the impact on the community?
- Is prosecution a proportionate response?
- Do sources of information require protecting?
If both tests are met then the suspect will be charged with an offence, the CPS will determine what offence based on the evidence. If the test is not met then the matter will be no further actioned.
In limited circumstances, where the Full Code Test is not met, the Threshold Test may be applied to charge a suspect. The seriousness or circumstances of the case must justify the making of an immediate charging decision, and there must be substantial grounds to object to bail.
Pre Charge Representations
Being represented whilst the above process is being carried out can be crucial to a suspect. You can see the list of investigation enquiries the police may make, and also the considerations the CPS have when making difficult charging decisions. A pro active approach between defence lawyers, enabling early pre - charge engagement between us, the police and the CPS will ensure your defence points are carefully communicated and considered. We may be able to bring issues to the forefront of the CPS review which means either or both of the two stage test is not met.
Going to Court
Being charged with a criminal offence can be very distressing, however this is often the start of a long process whereby the accused is able to gain some control over the allegations made against them.
Where an accused is charged with an offence then the case will proceed to court. A charge can take place by the suspect attending the police station in person, or they will receive the charging decision and notification of court date in the post. The first court hearing will take place in the Magistrates Court, and the accused will be expected in most cases to enter their plea for the first time.
Before the hearing the CPS will provide the accused or their lawyer with the Initial Details of the Prosecution Case (IDPC). This is a summary of the evidence which the CPS are relying on to prosecute, this can contain streamlined forensic reports, witness statements and links to video footage such as CCTV where relevant.
At the first hearing the case will be allocated to the most appropriate court; summary only offences will remain in the Magistrates Court, indictable only offences will be sent to the Crown Court, and either-way offences, which can be heard in both courts, will either be determined by the Magistrates as to where the case is heard, or the accused will be given the choice. It is important when you are charged with an either-way offence that you and your lawyers discussed where the best court would be for trial as there are advantages and disadvantages to each.
Most sexual offences
will be allocated to the Crown court for both trial or sentence.
How Should I Plead?
As lawyers we can only advise on the strength of the evidence, and how any evidence can be challenged. We cannot tell you how to plead, this must be your choice. But by instructing experienced and specialist lawyers you should feel in safe hands, and assured that they are acting in your best interests at all stages of the process.
If an accused pleads not guilty, their case will proceed to trial. A guilty plea would lead their case to be listed for sentence.
How Eventum Legal Can Help
At Eventum Legal we represent clients accused of serious sexual and domestic abuse at all stages of proceedings, including during the police investigation. Whatever stage is your case is at we can take over and apply a pro-active and pragmatic approach to dealing with the allegations made. We will at all times aim to put a stop to criminal proceedings as soon as possible, and work with you to achieve the best possible outcome.
If you, a friend or family member has been accused of a sexual offence or an offence arising from an allegation of domestic abuse we can offer a free initial consultation.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
Falsely accused of a sexual or domestic offence? Our team answer some frequently asked questions.
Social media is increasing the risk of unintentional viewing of illegal material, leading to arrests and convictions.
