What you can expect
If you have witnessed a crime and have been asked to attend court to provide evidence, you can expect a certain level of service from the criminal justice system.
Your rights are set out in the Witness Charter, which tells you what to expect from criminal justice agencies such as the Crown Prosecution Service and the courts.
The standard of care you should receive as a witness includes:
- being treated with dignity and respect
- being given a main point of contact who provides support and keeps you up to date on the case progress
- the option to claim expenses for travel to and from court
- compensation for loss of earnings while attending court
- a needs assessment to identify the support you might need while giving evidence
- special measures to be considered if you are an intimidated or vulnerable witness
- being provided with information about the court process and the court itself.
There is no legal requirement to meet the standard for witness care that is set out in the Witness Charter, but all agencies covered by the charter should comply wherever possible.
We can help you through all aspects of being witness to crime.
The Criminal Justice System
When a crime is reported, the police will decide if the case can be investigated. Some investigations will take a long time, while others are never solved.
Catching the offender may prove impossible, and there’s sometimes not enough evidence to charge anyone with the crime.
The police will usually deal with minor crimes by giving a police fine (known as a ‘penalty notice’), caution or warning, or community resolution.
In the event of a minor incident being reported, the victim will sometimes agree to accept an apology, but the police can also decide to charge someone with a minor crime.
The Crown Prosecution Service (CPS) will advise the police on cases where prosecution is possible. In more serious cases, they will also determine what the defendant will be charged with.
The CPS uses two tests to assess whether there is enough evidence to prove the case and whether bringing it to court is in the public interest.
A hearing is then held where a jury or magistrate decides if the accused is guilty of the crime. While most crimes are dealt with in a magistrates’ court, the more serious crimes such as murder are passed onto the Crown Court.
Depending on the type of court, either the magistrates (in a magistrates’ court) or the judge (if Crown Court) will decide how the offender is sentenced.
They will need to consider the need to:
- protect the public
- punish the offender
- ensure the offender changes their behaviour and makes up for their crime
- cut future crime.
When a person is found guilty of a crime in court, there are four common sentences. A court fine, a prison sentence, a suspended prison sentence and a community sentence (such as unpaid work, a curfew or going on a drug treatment program).
Suspended sentences force the offender to serve their sentence in the community in the knowledge that if they commit another crime, they will usually be sent to prison.
Norfolk and Suffolk Victim Care are always independent and can support you through every stage of the criminal justice system, whether you are a victim of crime, a witness, or supporting someone close to you. If you would like further help understanding the criminal justice system and going through the process, please contact us .
