This guide aims to help professionals working with a child complainant in a case of child sexual abuse understand what happens during a criminal prosecution so that they can keep the child’s needs and perspectives central, help them understand what is happening and why, and support them and their family effectively. It is primarily police officers, social workers, teachers, healthcare workers, the Witness Service and independent sexual violence advisers.
What happens when a case goes to the Crown Court?
If the defendant pleads guilty there will be no trial and the case will progress directly to sentencing. There may be a mini-trial before a Judge on some aspects of the case (a ‘Newton hearing’) where the child may have to give evidence
If the defendant pleads not guilty to some or all of the charges, the case will progress through pre-trial and trial stages.
The trial judge has a duty to control the way in which the child is questioned by the advocates, ensuring that they adapt their questioning so the child can give the best evidence of which they are capable, while ensuring fairness to the defendant.
The judge must ensure that the child is able to understand the questions. The manner, tenor, tone, language and duration of questioning must be appropriate to the child’s developmental age and communication abilities.
A Registered Intermediary, if one is appointed, will have been consulted by the court, and often by a cross-examining advocate, for advice in formulating the questions.
The judge is responsible for ensuring that questioning is kept to relevant matters, and for explaining to the jury any constraints on the questioning of the witness due to their youth or personal circumstances.
How may the child be feeling?
The child is likely to be feeling a range of complex emotions.
- The child may feel relieved that the person who abused them will face justice, but is also likely to be nervous about giving evidence and concerned for their family and siblings.
- Speaking publicly about abuse is stressful for anyone, but especially daunting for children, as court proceedings will likely be unfamiliar.
- Children often feel a loss of control and may experience fear or anxiety about seeing the defendant, particularly during their own testimony.
- Without clear explanations of the trial process and the roles of people in court, children may feel confused.
- Giving evidence can be confusing and overwhelming; some children may struggle to continue if they do not understand what is happening.
- All children appearing in court need support, as attending court is a significant and often challenging experience.
“I was terrified to go to court.”
“It’s just like re-living it all again.”
“[I had to] air my business out to strangers … I was forced to do that in court … I had to find my voice that day.”
“You’re nervous about seeing the person again and being put in court, like to tell them your side of the story in front of all these people you don’t know and being pressured.”
“The barrister confused me and then they had to finish it, like they had to stop everything. Yeah. [It ended] Because I couldn’t go on, because I didn’t know what to do or anything, because they confused me, I didn’t know anything.”
“I had my ISVA in the live link room and I remember afterwards, she said ‘I was really proud when you said, “Look I’m here to say the truth and that’s what I’m saying”'."
How can professionals best help the child before and during the trial?
There are many ways to help the child.
- Consider whether the child needs and is ready for therapeutic support.
- Consider how the trial might impact on the child's education, friendships, activities and what you can do to mitigate these impacts.
- If an independent sexual violence adviser (ISVA) or a child and young person’s sexual violence advocate (CYPSVA) has been assigned to the child, they can provide support and explain the procedural steps as the case progresses through the criminal justice system, while advocating for the child’s needs.
- Ensure the child is supported by the Witness Service.
- Consider whether the child would benefit from a Registered Intermediary.
- Consider what Special Measures the child might need prior to the Ground Rules Hearing (GRH).
- Consider how intersecting criminal and family proceedings might impact the child.
If the child if required to give evidence at the hearing
- Consider how they will be supported, how their safety will be assured, and think about whether they will benefit from a pre-trial familiarisation visit.
- Allow them to review their ABE interview to refresh their memory and support them in doing this.
- Ensure the child has an outline of the trial process so they can understand what will happen.
- Give the child an opportunity to meet the judge and lawyers in advance.
- Ensure the child has a supporter with them.
- A Registered Intermediary, if one is appointed, can support the child to understand the questions and proceedings.
Supporting the child
- Think about what support the child might need before, during and after the trial, and how you can provide this support.
- Everyone working in the courtroom should try to behave sensitively towards the child.
- After the child has given their evidence, their parent(s) may want to plan something to enjoy, but the child is likely to be tired.
- Trials can last for several days, so the jury’s verdict is unlikely to be reached on the day(s) when the child gives evidence.
- If the jury reaches a ‘guilty’ verdict, it is up to the judge to decide the sentence. It may be helpful to tell the child that the judge will often delay this decision for a few weeks, until a probation officer’s report about the defendant is supplied.
- Consider how the child's emotional health and wellbeing, physical health, education, and relationships with family and friends can be supported.