This 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 is the CPS deciding?
At this point, the Crown Prosecution Service (CPS) has reviewed the evidence provided by the police, and 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 CPS decides whether to prosecute by checking if there is enough evidence for a likely conviction and if taking the case to court serves the public interest.
How may the child be feeling?
The child is likely to be feeling a complex range of emotions:
- If CPS has decided to charge the person of concerns, the child may worry if they are safe and what this will mean for them.
- If CPS have decided not to charge the person of concern, the child may feel they haven’t been believed, that nobody cares, and that adults cannot be trusted to protect or keep them safe.
- If the CPS takes a long time to decide, the child will likely feel anxious.
- The child might worry about having to give evidence in court if there is a prosecution, or fear renewed risk from the person of concern.
- A decision not to prosecute is likely to be very distressing and confusing for the child and their family.
“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.”
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 what support can be provided by an independent sexual violence adviser (ISVA) or a child and young person’s sexual violence advocate (CYPSVA).
- Consider diversity and how personal characteristics might increase vulnerability and shape the response to child sexual abuse.
- Consider communication needs in relation to age, language, disability, neurodiversity, or other factor that may impact understanding.
- Discuss safety and support available through the Witness care Unit (WCU) and Victim support (you should make these referrals)
- Consider whether the child needs and is ready for therapeutic support.
- Communicate the decision with the child and their parent(s) face to face or as agreed.
- explain what the charges are and what they mean, avoid jargon and legal terminology.
- Manage expectations around the timescales and court process.
- Explain if the person of concern is in custody or on bail and any restrictions.
- Support the child and family to understand.
- ask them whether there is anything they want to know or are worried about.
- Keep up regular contact and communication with the child family, and other involved professionals.
- Inform the child and their non-abusing parent(s) as soon as possible.
- Provide a clear idea of how long the evidence-gathering process may take.
- Continue to update them on progress while gathering 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 non-abusing family members face to face.
- Explain to the child’s non-abusing parent(s) that the decision does not mean that the abuse didn't happen and let the child know the decision doesn’t mean they haven’t been believed.
- Explain the legal standard for criminal proceedings.
- Explain their right to review the decisions.
- Ensure that the child and their non-abusing parent(s) are told about the Criminal Injuries Compensation Scheme.
- Remind the child, their non-abusing parent(s) and any professionals 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.
- CPS will inform the decision within one working day of the decision being made, possibly in liaison with the child’s witness care officer.
- Ensure this has happened.
- Inform them of their right to request a review.
- 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?
There are many ways for professionals to help the child and family:
- 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).
- Social workers or IDVAS/CYPSVA may be able to support the police to communicate the decision to the child and family.