Many women in England want to make a complaint to the police regarding domestic violence, but are often too scared, or simply do not understand the process from making a complaint to going to court. The steps below aim to explain and simplify the process as much as possible. There is a glossary of terms at the bottom of the page in case of confusion.
| 1a) | Following a ‘domestic incident’, woman ‘X’ calls 999 (or 112) in an emergency and the police attend. Woman ‘X’ then makes a complaint |
| 1b) | Following a ‘domestic incident’, woman X attends her local police station. Woman X the makes a complaint |
| 2) | The police take a statement from woman X detailing the incident, and if appropriate, previous incidents |
| 3) | The police make enquires, which may include speaking to other witnesses (this could include children) |
| 4) | The perpetrator is arrested and a taped interview is carried out. A solicitor may be present at this interview |
| 5) | If the police need to conduct further enquiries the perpetrator is ‘police bailed’ to come back to the police station at a later date. This bail may have conditions, i.e. to keep away from the victim. If the perpetrator breaks the conditions of he bail he can be arrested again |
| 6) | If the police, after having consulted with the Crown Prosecution Service (CPS), feel they have a strong enough case, they will ‘charge’ the perpetrator. This means the perpetrator will have to go to court. Note:- If the police and CPS feel the incident is sufficiently minor and the perpetrator admits his role in the offence then instead of ‘charging’, the police can issue a ‘police caution.’ |
| 7a) | At court the perpetrator has the option to plead ‘guilty, or not guilty.’ If the perpetrator pleads ‘not guilty’ then the case must go to trial. This can be heard in Magistrates Court or Crown Court |
| 7b) | At a trial, the victim and witnesses will be required to give evidence. The ‘witness service’ will look after you at court and if you are scared, you can give your evidence to the court from behind a screen – so that you do not have to see the perpetrator. The courthouse may sound a scary place, but in reality it is not |
| 8) | If the Perpetrator pleads guilty, or is found guilty after a trial, then the court will move to sentencing. If the perpetrator pleads guilty then you will not have to attend court |
| 9) | In most cases of Domestic Violence the court will order a ‘pre-sentence report’ from the Probation Service. This is a report that covers the offence and also the perpetrators personal and domestic circumstances including accommodation, relationships and mental health issues. The purpose of this report is to enable the court to sentence the perpetrator fairly. It may take up to 3 weeks for this report to be prepared |
| 10) | If the court orders a ‘pre-sentence report’ the perpetrator will be ‘court bailed’ to return at a later date for sentencing. Again such conditions as ‘not to contact the victim and / or witnesses’ can be imposed |
| 11) | The perpetrator returns for sentencing and is dealt with by the courts |
Please be aware that the police can choose to not proceed with a case if they feel that there is not enough evidence. Furthermore, police and police support workers should give you details to get in touch with your local Domestic Abuse support service.
| A Statement | A statement is taken by the police. You write down on paper with a police officer what happened. |
| Police Bail | The perpetrator is told to come back to the police station at a later date. If they fail to return they will be arrested. |
| Court Bail | This is given by the court. If a person breaks the conditions of bail or fails to turn up then they can be sent to prison. |
| Crown Prosecution Service | They make the decision whether to charge the perpetrator. They also prosecute the case in court. |
| Charge | If you are ‘charged’ by the police, the police are confident that they will get a conviction at court. The perpetrator must then attend court. |
| Police Caution | A caution is not a conviction. It does however form part of a criminal record. To receive a caution, the perpetrator must admit his guilt in the police station. This case will not go to court. However if the perpetrator is arrested for a similar offence within approx 2 years then next time they will be ‘charged.’ |
| Magistrates Court | Can give a maximum sentence of 6 months in prison per offence committed. More serious matters are heard at Crown Court. The cases at this court are heard by 3 magistrates (who are lay people). |
| Crown Court | Can give up to life sentences for very serious crimes such as serious assaults and rape. Cases are heard by one judge. |
| Give Evidence | This is where the victim and / or witnesses stand up in court and verbally go over their statement. |
| Sentencing | This is the process of the court handing down punishment. |