This summary guide can help the Officer in a criminal investigation into child sexual abuse to communicate the CPS’s decision to the child and to support and protect the child regardless of the decision.
It is also relevant to other professionals involved with the child, to help them understand and explain what will happen at this stage of the criminal justice process.
What happens at this point?
After reviewing the evidence provided by the police, the CPS will have checked whether there is enough evidence for a likely conviction, and whether taking the case to court serves the public interest.
On this basis, it will have decided whether to:
- charge the suspect(s) with one or more criminal offences
- request that the police pursue other lines of enquiry
- take no further action.
The child has the right to be informed of the CPS’s decision within one day of the decision being made – but it may be appropriate to balance this against the value of having the information communicated by the Officer in the Case, with the child’s social worker present, if either of those professionals are not immediately available.
How may the child be feeling?
- Waiting for the CPS’s decision – particularly if this has taken a long time – is likely to have een a period of great anxiety for the child and their family.If the CPS decides to charge the suspect(s), the child is likely to feel relieved, but may worry about having to give evidence in court.
- If the CPS decides not to charge the suspect(s), this is likely to be very distressing and confusing for the child. They may feel they haven’t been believed, that nobody cares, and that adults cannot be trusted to protect them; they may also think that they or their family will be at risk again from the person who abused them, and that any support they are receiving may end.
“I was angry because they said he would get charged and they kept saying that he would get charged for it. Then when it turned out that he wasn’t going to get charged for it, it was kind of, like, ‘Well you said to me and you said he would over and over again. So why is he still allowed to roam free?’… Yeah I felt angry, hurt, disappointed. But also at the same time I felt worried.”
“I was, like, the most emotional when I was waiting [for a CPS decision] …
I went through like a different series of emotions – like, I was angry – then I was upset and then I’d have good days when I was, like, happy and I was, like, just able to wait and it didn’t bother me – but they were very rare – I was just, like, angry and frustrated more than anything else – I just wanted to know – so I could be ready to prepare myself.”
For the sources of the quotations above, please download our full practice guide to this stage of the Response Pathway.
How can the police best help the child?
The CPS’s decision is a key point in the criminal justice process, and understanding it will be crucial to the wellbeing of the child and their family.
- Consider how the child’s personal characteristics might increase their vulnerability and shape their response to the CPS’s decision.
- Consider whether the child needs and is ready for therapeutic support, if they are not already receiving it.
- Assure the child that they can still receive support from the independent sexual violence adviser (ISVA) or child and young person’s sexual violence advocate (CYPSVA), if they have one; if they don’t, make an ISVA/CYPSVA referral.
- Communicate the decision to the child and their non-abusing parent(s) face to face or as agreed.
- Explain what the charges are and what they mean, avoid jargon and legal terminology.
- Manage their expectations around the timescales and court processes.
- Explain whether the suspect(s) are in custody or on bail, and any restrictions on their activities.
- Ask the child and parent(s) whether there is anything they want to know or are worried about.
- Keep up regular contact and communication with the family and with other practitioners involved with them.
- Refer the child to your police force’s Witness Care Unit (WCU) and to Victim Support.
- Inform the child and their non-abusing parent(s) as soon as possible.
- Provide a clear idea of how long the additional evidence-gathering process may take.
- Continue to update them on progress while gathering the evidence.
- Keep them informed afterwards while waiting for the CPS's subsequent decision.
A significant number of criminal investigations into child sexual abuse do not result in the suspect(s) being charged, because the CPS feels that the evidence is not strong enough to take the case to court or that pursuing a prosecution is not in the public interest.
- Communicate the decision with the child and their non-abusing parent(s) face to face.
- Explain to the parent(s) that the decision does not mean that the abuse didn't happen, and let the child know that the decision doesn’t mean they haven’t been believed
- Explain the legal standard for criminal proceedings.
- Explain their right to ask the CPS to review the decision.
- Ensure that they are told about the Criminal Injuries Compensation Scheme
- Remind them and any practitioners involved with the family that the investigation can be reopened if it is thought that the child is being harmed or at risk of harm from the person(s) of concern.
- Take any appropriate action to protect the child – for example, by considering the use (or continued use) of civil orders to restrict the suspect(s)’ activities.
- In this situation, the CPS itself will inform the child and family of its decision within one working day of the decision being made, usually by letter and possibly in liaison with the child’s witness care officer.
- As the Officer in the Case, you should ensure this has happened, and visit the family to discuss the decision with them. As above, you should:
- inform them of their right to request a review of the decision
- ensure that they are told about the Criminal Injuries Compensation Scheme
- take any appropriate action to protect the child.
How can other professionals best help the child?
- Support the child's emotional health, physical health, education, and relationships with their family and friends.
- Tell the child and family about the Criminal Injuries Compensation Scheme (CICS), which offers financial compensation for victims of violent crime (including sexual assault) that has been reported to the police – whether or not there has been a prosecution.
If you are the child/family’s social worker or ISVA/CYPSVA, the Officer in the Case may ask you to support them in communicating the CPS decision to the child and family.
External links
- Request support [Victim Support]
- Prosecution guidance: Pre-trial therapy [Crown Prosecution Service]
- The Victims’ Code [Ministry of Justice]
- Independent sexual violence adviser: Statutory guidance [Ministry of Justice]
- Find an ISVA [The Survivors Trust]
- Victims’ Right to Review Scheme [Crown Prosecution Service]
- Victim Communication and Liaison Scheme [Crown Prosecution Service]
- Criminal injuries compensation: a guide [Criminal Injuries Compensation Authority]