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9) Getting Help from the Criminal Courts
If the person who has abused you has been arrested, they will usually have to appear at a “hearing” at a Magistrate’s Court. The magistrate will either order that the abuser is held in custody (in prison or at a police station), or that they are released on “bail”.
If the abuser is released on bail, the magistrate can set conditions. These conditions can include ordering the abuser to stay away from you and your home.
Talk to the police about bail conditions before the hearing, and tell them the concerns that you have about what would happen if the abuser is released.
What happens next?
After this, the “Crown Prosecution Service” (CPS) will decide whether they have enough evidence against your abuser to continue prosecuting them. The police may come back to you and ask for more information to help them in this.
Tell the police about any other evidence that might exist against your abuser. For example, a doctor, helper, friend or social worker may have seen injuries that your abuser has caused you in the past, and can be witnesses for you.
What happens if my abuser is prosecuted?
If your abuser is prosecuted, this will either take place in the Magistrates Court or Crown Court. A “Court Liaison Officer” from the police should tell you what is happening.
You will only have to give evidence if your abuser pleads “not guilty”. If you have to give evidence, support should be offered to you by the police Community Safety officers or a volunteer from the Court Witness Service.
If your abuser is found guilty, they will not normally be sentenced straight away. Instead the court will “adjourn” to find out more information about their individual situation before passing sentence. A sentence can range from spending time in prison to being let go under certain conditions.
How can I protect myself if my abuser is let go?
If your abuser normally lives with you, you can get help from the civil courts to stop them from returning to your home. See 10: “Getting Help from Solicitors and the Civil Courts" for more information.
If your abuser continues to harass or abuse you, they can be arrested and prosecuted under a law called the “Protection from Harassment Act 1997”. See 8: “Getting Help from the Police” for more information.
Can I get help with access?
You can have a friend or helper with you when you talk to the police, and the police will also provide an interpreter if this is necessary for you. If there are problems in accessing the police station, the police will meet you somewhere where you feel safe and comfortable.
If you have to go to court, your access needs should
be met, and an interpreter provided for you if this is necessary. Talk to the
Court Liaison Officer about this beforehand.
Next: Getting Help from Solicitors and the Civil Courts