From Report to Court: Digital Guide

If you are not happy with certain decisions the CPS makes in your case then you can request those decisions be reviewed. This is possible for the following decisions:

• Not to bring proceedings against the suspect. This is when the police have referred the case to the CPS and they have decided that no further action should be taken against the suspect. The case comes to an end with no court case.
• Discontinue or withdraw all charges against the suspect. This is when the suspect has been charged with an offence and the case is being dealt with by the court. At any point during the court case, the CPS can decide not to take the case further. This is called discontinuing or withdrawing the charges.
• Offer no evidence in all proceedings against the suspect. This sometimes happens when a case gets to trial in the criminal court. The CPS lawyer at court may decide not to go ahead with the trial by offering no evidence. This results in the suspect being found not guilty without the court hearing any of the evidence.
• Leave all charges in the proceedings to “lie on file”. This is when the CPS decide not to prosecute a crime that is already in court. It means the case will not go any further and the suspect will not be found guilty or not guilty. The fact that the suspect was charged with the offence will appear on his criminal record but it is not a conviction

CPS decisions that cannot be reviewed

You cannot request a review of the following decisions:

• Decisions made before 5 June 2013
• Cases where the police made the decision not to investigate or to discontinue a case
• Cases where some charges are brought in relation to some allegations or against some suspects
• Cases where some charges are discontinued or left to lie on file but other charges continue
• Cases where proceedings against some defendants are stopped, but against other defendants continue
• Where charges are changed but proceedings continue
• Where an ‘out of court’ disposal is used (such as a caution)

When you are notified of the decision not to prosecute or to discontinue proceedings you should also be notified of the right to request a review of that decision and how to exercise that right.

Time limit for requesting a review

You have the right to request a review of a decision any time within three months of that decision being made.

You can request the review by email, by letter or by telephone. It is best to send your request in writing by email or letter and to keep a copy of this. You can include your reasons why you think the decision was wrong or what other evidence should be considered.

You should send your request to the local CPS area that made the decision. If you do not have the contact details, then you can find them on this website.

After you send your request your case will be looked at by a new prosecutor. The prosecutor will decide whether the original decision will be upheld or whether the decision will be changed. You should receive clear and detailed reasons for the outcome of the review.

How long does a review by the CPS take?

Where possible, the CPS aim to complete the review within six weeks of you requesting the review.

What if I am unhappy with the outcome of the review?

If you are unhappy with the outcome, then you can ask for the case to be independently reviewed. This means the case will be looked at by another prosecutor who was not involved with the case.

If the reviewer concludes that the decision not to charge the suspect or to stop the case was wrong, they will decide whether a charge should now be brought or whether proceedings should be re-started.

Victims of sexual offences are entitled to enhanced support under the Victims’ Code. This means you should be offered a meeting at the end of the review process to discuss the outcome.

Sometimes the police do not agree with the CPS decision either

It is worth speaking to the officer dealing with your case where the CPS has made a decision not to charge, as the police can also request a review of the decision. This does not stop you asking for a review as well, but it can be helpful and quicker for the police to also make this request. If the police ask the CPS to review the decision and they do not change the decision you can still ask for a review of the decision at this point. You do need to bear in mind that the time limit for review still starts running from when you are informed that a decision not to charge has been made.

Police decisions that can be reviewed

When the police make certain decisions in your case you can request those decisions be reviewed:

• A decision not to charge (where the police have the authority to charge)
• A decision not to refer the case to the CPS for a charging decision

Police decisions that cannot be reviewed

You cannot request a review of the following decisions:

• Decisions made before 1 April 2015
• Cases where no suspect has been identified
• Cases where no suspect has been interviewed
• Cases where charges are brought in relation to some (but not all) offences, or some (but not all) suspects
• Cases where a charge has been brought but it is different from the offence originally recorded
• Cases where an ‘out of court’ disposal is used (such as a caution)
• Cases where you have retracted your complaint or refused to co-operate with the police investigation

Time limit for requesting a review

If the decision can be reviewed then you have the right to request the review at any time within three months of the decision being made.

How can I request a review?

You can request the review by email, by letter or by telephone. It is best to send your request in writing by email or letter. You can include your reasons why you think the decision was wrong or what other evidence should be considered.

You should send your request to the local police station that made the decision. Most police forces have details of how to request a review on their website. Some of them have forms you can complete and send online.

Who will consider my request for a review?

Your request will be considered by a reviewing police officer who was not involved with the original decision.

You should be informed of the outcome of the review with clear reasons.

How long does the review by the police take?

Where possible the police aim to complete the review within six weeks of you requesting the review.

You may be able to bring a case in the High Court to challenge the decision made by the police or the CPS. This is called a judicial review. Judicial reviews are complex and can be expensive. There is a three-month time limit to lodge a judicial review. Try to seek legal advice if you are thinking about a judicial review. You can contact Advocate to see if there is a lawyer who is willing to advise or represent for you for free.

If you are unhappy with the way the police officers or CPS prosecutors have behaved, then you can complain. The police and the CPS both have formal complaint procedures. You can find information on police complaints and how to complain on the Independent Office for Police Conduct (IOPC) website.

You can find information on CPS complaints on the CPS website.

What if I cannot request a review?

There are some circumstances where you will not be able to request a review. This could happen if, for example, no suspects were identified or interviewed in your case.

You can note down the reasons for the decision and seek further advice from a lawyer or support service about complaints, judicial review and other options.

See Appendix A if you need help finding a support service or lawyer.

In some cases, the CPS prosecutor responsible for your case may want to meet you at a Pre-trial witness interview (PTWI). PTWIs are very rare.

The purpose of PTWIs is to enable the prosecutor to assess your evidence directly.

A PTWI may take place at any stage in the proceedings once a witness has given a statement and usually take place before a decision to charge has been made.

PTWIs may be used to assist the CPS when they are deciding whether to charge the suspect or, following charge, when they are preparing the case for trial.

Do I have to attend the PTWI?

You do not have to attend the PTWI if you do not want to. However, if you do not attend it may affect whether the CPS charge the suspect or how they prepare the case for trial. The defence will also usually be told if a witness does not attend a PTWI.

If you have any concerns about the PTWI speak to your contact at the police or contact our advice line.

Further information about PTWIs can be found here.

Cautions

A caution is a formal warning. Sometimes the police can give the suspect a caution instead of prosecuting him.

This is only appropriate if:

• the case involves a less serious offence, and
• the suspect has not been cautioned or convicted of the same or similar offences within the last two years, and
• the suspect admits to the offence

If the suspect refuses the caution

The suspect can refuse to accept a caution before it is given. If this happens then the police may instead charge the suspect.

The police should seek your views about the offence and the caution before this is given, although this will not be the deciding factor.

If the suspect accepts the caution

If a suspect accepts a caution the case will not go to court. However, it will form part of his criminal record and it may be raised in court if he later appears on other matters.

A caution should only be offered in very exceptional circumstances if the offence is a serious sexual offence because it will usually be in the public interest to prosecute such offences.

The victim has no right of appeal against the decision to give a caution. However, you may be able to make a complaint against the police or seek a judicial review.

Domestic Violence Protection Notes (DVPNs) and Domestic Violence Protection Orders (DVPOs)

If the police are called to a domestic violence incident they can issue a domestic violence protection notice (DVPN).

The DVPN lasts 48 hours. Within that time the police must apply to the magistrates’ court for a domestic violence protection order (DVPO). You do not have to attend the hearing.

The DVPO lasts between 14 to 28 days.

A DVPN or a DVPO can stop your abuser from being violent towards you or coming to your home or communicating with you. It is designed to provide you with immediate protection.

If your abuser does something to breach (break) the DVPO then you can call the police. Your abuser should be arrested and taken to the magistrates’ court. If it can be proved that he breached the DVPO then he can be fined or sent to prison for up to 2 months.

The police usually use DVPNs and DVPOs if they decide not to charge the abuser and there are no other protections in place. The police officers should listen to your views about whether you want a DVPO, but they do not have to follow your wishes.

The purpose of a DVPO is to protect you from violence but it can also give you time and space to think about your options and your safety.

Private prosecutions

Private prosecutions are those that are brought by the victim and/or their family, rather than by the CPS. This may happen because the CPS has decided that there is insufficient evidence to prosecute.

There is no public funding (legal aid) available to bring a private prosecution and if the case goes to court you will probably have to involve solicitors and/or a barrister.

You may be able to find one who will act free of charge but otherwise you will have to pay for this yourself and the costs can be high.

You can contact Advocate for information about contacting barristers who may be able to act free of charge.

The Director of Public Prosecutions (DPP) can take over a private prosecution and stop it, provided she or he does not act unreasonably. This is likely to happen if there is insufficient evidence and the DPP finds that there is no case for the defendant to answer.

If there is evidence to support a prosecution, the DPP is unlikely to intervene to stop the case but may take over the prosecution and continue it in the normal way, with the State paying the legal costs.

There have been successful private prosecutions of perpetrators of sexual violence but to be effective you will need to be supported by a committed legal team. You can read about private prosecutions on the CPS website here.