This guide helps professionals who are supporting the child and their family when an investigation into child sexual abuse has resulted in an individual being prosecuted in the Crown Court. It explains what happens and how they can support the child at this time.
It is relevant to the police officer in the case, the Witness Care Unit, social workers and other professionals, and any other professionals involved in supporting and protecting children, to help them understand what happens when court proceedings conclude.
How may the court case end?
If the defendant pleaded guilty to all the offences with which they were charged, or the prosecution accepted guilty pleas on a basis so that there will be no trial, the case will go to sentencing.
If the defendant pleaded not guilty to some or all of the offences with which they were charged, a trial will have taken place and will usually result in the jury finding the defendant:
- guilty of all the offences charged,
- guilty of some of the offences charged but not guilty of others,
- guilty of a lesser offence than the one originally charged, or
- not guilty of any of the offences.
Additionally, during the trial the defendant may have changed their plea to guilty for some or all of the offences. Or the trial judge may have halted the proceedings after the prosecution’s case, directing an acquittal if the evidence was too weak to require a defence response.
If the defendant pleads guilty to or is found guilty of any offences, they are convicted of those offences and they will be sentenced.
If the defendant is found not guilty (acquitted) of all the offences, they are free to leave the court.
How may the child be feeling?
The end of a trial is typically a very emotional time for the child. They are likely to have experienced the stress of testifying, and they will be eager to learn the outcome of the verdict after a long uncertain journey through the criminal justice system.
If the defendant is found guilty of some or all of the offences:
- the child and their family may feel relief, anger and fear
- the verdict may have brought them ‘closure’ – or they may be disappointed that it has not brought the closure they hoped and expected it would
- the child may feel guilty that the defendant has been convicted.
If the defendant is acquitted of some or all the offences:
- the child will be upset
- they may feel scared and let down by criminal justice agencies.
“It was positive to get some closure on it all, you know? I couldn’t say anything bad about it, the service. It took about two and a half years for it all to be settled like. From when I did the video. It’s a long time to have to deal with it.”
“You have that time when you think it’s OK ’cause you feel the relief, and then you start to dip. They think they’ve done their job ’cause they’re in prison or whatever, but it’s not over.”
“For me, after the sentencing was the worst time. I don’t know why, but during the investigation you always have something on your mind to distract you … Once it all ends you only have that to think about and it overwhelms you and everyone’s trying to get on with their life and you’re still stuck in that moment.”
“Just the fact that he got away with it … we really need to sort that out … it’s like letting a murderer get away … People like that shouldn’t be on the streets, simple as that. ’Cause he’s done it to other girls as well, after me.”
“The judge just said that it wouldn’t be a fair trial so he got let off. So now I have to live with that every day knowing that I feel like it’s my fault because I wasn’t well enough to go ahead with it.”
“You’re constantly trying to watch your back and you don’t have any support from the police or anything … You don’t know what’s going to happen when they do get out. You think, ‘Will they [the police] remember or will they just forget and not inform me and stuff?’”
For the sources of the quotations above, please download our full practice guide to this stage of the Response Pathway.
How can you best help the child?
While the actions indicated in this section are typically for the Witness Care Unit or the Officer in the Case, they should be supported by all practitioners.
Consider how the child’s and family’s personal characteristics – and the nature of the child’s relationship to the defendant – might shape their response to the conclusion of criminal proceedings and the support they will need.
Remember to give the child accurate, clear and straightforward, jargon-free information, appropriate to their age, stage of development, and communication needs.
- When all the evidence has been presented and the judge has summed up, the jury will be asked to consider its verdict.
- Make sure that the child and any family members present understand what is going on, and how the jury reaches its verdict.
- Explain too what the possible outcomes are for each offence: guilty, not guilty, and the jury could not reach a verdict.
- The child and their family do not need to attend court when the verdict is announced. They should not attend unless they feel this will be beneficial; never push them if they’re hesitant.
- If they do attend, consider what support might be necessary.
- If the child and their family choose not to be present in court, it is the role of the Witness Care Unit (WCU) to tell the child of the trial’s outcome. It may be appropriate for the Officer in the Case to consult the WCU about how to do this.
- The defendant will be convicted of those offences.
- Explain that the next step will be sentencing, the timescale for this, and the judge’s sentencing options. Tell them that they can attend the court for the sentencing if they wish.
- The WCU should support the child (or family) to write a Victim Personal Statement to be read in court, if the child chooses.
- If the child feels guilt that someone they knew and even loved has been convicted, all practitioners should remind them that they are not responsible for the outcome – the responsibility lies with the person who harmed them.
- If the defendant is found not guilty of all the offences, they will be free to leave the court with no restrictions on their liberty.
- If this occurs, or if they are acquitted of the more serious offences with which they were charged, the child may feel upset, worried, and let down by the criminal justice system.
- Reassure them that a not guilty verdict does not mean the abuse didn’t happen; it simply means that it was not possible to present sufficient evidence, admissible under the law, for the jury to be sure that the defendant was guilty of the offences with which they were charged.
- Take any steps that are necessary to protect the child following an acquittal.
- Make sure that the child and their parents are told about any compensation that may be payable via the Criminal Injuries Compensation Scheme
- Whatever the outcome of criminal proceedings, this should not affect the ongoing support that children’s social care are providing to the family.
- All practitioners should consider how to support the child’s emotional health and wellbeing, physical health, education, and relationships with family and friends once criminal proceedings have ended.
External links
- The Victims’ Code [Ministry of Justice]
- Joint agency guide to the victim personal statement [Ministry of Justice]
- Prosecution guidance: Sentencing – Overview, general principle and mandatory custodial sentences [Crown Prosecution Service]
- Guidance on victims [Parole Board]
- Criminal injuries compensation: a guide [Criminal Injuries Compensation Authority]