What Happens in Criminal Court

Understanding the criminal process when offences like assault, stalking, harassment or coercive control are reported.

When you report domestic abuse, sexual offences, stalking or child abuse, you step into the criminal justice system. It can be slow, confusing and frightening, especially when the person who harmed you is still in your life or involved in the family court.

This page explains the main stages of a criminal case, who is involved, what you can expect as a victim or witness, and how to protect yourself and your children along the way.

1VAA does not replace criminal legal advice. We help you understand the process, organise evidence and stay as safe and informed as possible.

What the Criminal Courts Do

Criminal courts deal with offences such as:

Assault and violent offences
Stalking and harassment
Coercive and controlling behaviour
Sexual offences, including rape and CSA/CSE
Criminal damage and threats to kill
Breaches of non-molestation orders, restraining orders and bail conditions

The aim of the criminal court is to decide whether the defendant is guilty or not guilty of a criminal offence and, if guilty, what sentence should be imposed.

Police, CPS and the Courts – Who Does What?

The process usually involves three main parts of the system:

Police – investigate, take statements, gather evidence, arrest and interview suspects.
Crown Prosecution Service (or equivalent prosecutor) – decide whether to charge, what to charge and how to run the case.
Criminal Courts – Magistrates’ Court and Crown Court, where hearings and trials take place.

You are a witness in a criminal case, not the person “bringing” the case. The prosecution is brought in the name of the state.

Stages of a Criminal Case (Overview)

1. Report and Initial Police Response

You report an offence (e.g. via 999, 101 or at a station). Police should:

Take you seriously and record the complaint
Assess risk and take immediate safeguarding steps
Provide a crime reference number

2. Investigation

Police should then:

Take a full statement from you (often a video statement)
Collect evidence (messages, CCTV, medical evidence, witness statements)
Interview the suspect under caution
Consider bail conditions or protective measures

3. Charging Decision

The file goes to the prosecutor (e.g. CPS) who decides whether to:

Charge the suspect
Offer a caution or out-of-court disposal
Take “No Further Action” (NFA)

They apply a test: Is there enough evidence? and Is it in the public interest?

4. First Court Appearance

If charged, the defendant appears in the Magistrates’ Court. At this stage:

The charge(s) are read out
A plea is taken (guilty or not guilty)
Bail or remand is decided, with or without conditions
The case may stay in the Magistrates’ Court or be sent to the Crown Court

5. Pre-Trial Hearings

These are used to:

Deal with legal issues and evidence
Confirm what witnesses will be called
Confirm trial dates and length

6. Trial

If the defendant pleads not guilty, there will be a trial. You may need to give evidence and be cross-examined.

7. Verdict & Sentencing

If the defendant is found guilty, the court will decide on a sentence. This may include:

Community orders, rehabilitation requirements or fines
Suspended or immediate prison sentences
Restraining orders or other protective orders

Magistrates’ Court vs Crown Court

Your case may be heard in:

Magistrates’ Court – usually for less serious offences or the early stages of all cases. Heard by magistrates or a District Judge.
Crown Court – for more serious cases or appeals. Trials are usually heard by a Judge and jury.

You may have to attend both courts depending on the type and seriousness of the charges.

Your Role as a Victim or Witness

As a victim or witness, you may:

Give a full statement during the investigation
Provide additional evidence (messages, screenshots, documents)
Be asked to attend court to give evidence at trial
Provide a Victim Personal Statement describing the impact of the crime

You are not on trial. However, you may feel like you are being judged and questioned aggressively. This is where preparation and support matter.

Special Measures to Help You Give Evidence

In domestic abuse, sexual offence and child cases, you may be entitled to special measures, such as:

Giving evidence from behind a screen
Giving evidence via live video link from another room or location
Having the court cleared of the public for your evidence
Using pre-recorded video evidence (where available)

You can ask the police, prosecutor or your IDVA to request special measures if you are frightened of seeing the defendant or being in the same room.

Realities and Red Flags in Criminal Cases

Many victims experience:

Long delays between report and charge (or NFA)
Cases dropped due to “insufficient evidence”
Minimisation of coercive control, stalking or sexual violence
Inconsistent communication from police or prosecutors
Pressure to withdraw, “move on” or accept “words of advice” instead of charges

Red flags include:

Victim-blaming language in statements or reports
No DASH risk assessment or poor-quality risk assessment
Breaches of bail, non-molestation or restraining orders not acted on
Evidence not collected or followed up

These are system failures, not your fault. They can be challenged and escalated.

How Criminal Cases Affect Family Court (and Vice Versa)

Criminal and family cases often run alongside each other. This can cause:

Family courts making decisions before criminal cases conclude
Family courts minimising risk because there is “no conviction” yet
Criminal courts unaware of family court orders or safeguarding concerns

1VAA helps you:

Join up information between criminal and family proceedings
Use criminal evidence appropriately in family court
Explain to professionals why risk remains even without a conviction

Preparing to Give Evidence

Giving evidence can be one of the hardest parts of the process. To prepare, it can help to:

Ask to visit the court building in advance, if possible
Ask about special measures and separate waiting areas
Read your statement carefully beforehand
Practice calm, steady breathing and grounding techniques
Remember you can ask for questions to be repeated or clarified
Take breaks if you feel overwhelmed (let the judge know via the usher or prosecutor)

You are there to tell the truth about what happened. You do not have to remember every tiny detail perfectly to be believed.

Your Rights as a Victim

Depending on your jurisdiction, you may have rights such as:

To be kept informed about key decisions and court dates
To make a Victim Personal Statement
To request special measures
To be treated with dignity and respect
To complain or request a review of certain decisions (e.g. NFA or charge decisions)

Ask your officer in the case, victim support worker or IDVA to explain the rights that apply to you.

How 1VAA Helps You With Criminal Proceedings

As a 1VAA member, we can:

Help you understand each stage of the process in plain language
Support you in organising and presenting evidence to police
Help you draft clear, factual statements and timelines
Explain letters and decisions from police or prosecutors
Support you to request reviews or escalate concerns about failures
Help you join up your criminal case with family court and safeguarding strategy

Our focus is always your safety, your children’s safety and ensuring the system cannot ignore what has happened.

If You Need Help Right Now

If you are thinking about reporting to the police, are waiting for a charging decision, or are scared about going to court, you do not have to go through this alone.