Vicitms Walkthrough-After Court

Frequently Asked Questions
 
  • What happens at the end of the trial. What do the results mean of the trial and what do they mean?
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    • Not Guilty

    The police will continue to investigate the crime and try to find who did it if they think there is more evidence to be found. Currently, a person cannot be tried twice for the same offence.

    • Guilty

    The defendant is sentenced.

    • Retrial

    It is possible that a retrial may be called. There are a number of reasons this could happen and the judge will outline the reasons at the time.

  • How do I find out the verdict if I decide not to stay till the end of the trial?
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    Your Witness Care Officer will tell you the result.

  • Will I be able to get a transcript of the trial?
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    If you would like a copy of the transcript that provides the detailed account of the trial proceedings held in the Crown Court, you can put this request to the Court Manager before the trial begins. You are likely to be charged for this and it can be very expensive. There are no recordings or transcripts of trials held in magistrates’  courts.

  • Can I claim expenses for attending court?
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    Yes. You can claim certain expenses for travelling to court, and an allowance for meals and lost wages or other financial loss. The amount of expenses you can claim will depend on the length of time you have to be away from home or work in order to attend court. You can claim expenses only up to when the court says you are released. Ask your Witness Care Officer if you haven´t already been given a claim form. The Crown Prosecution Service is required by law to pay your expenses within 10 working days from receiving your properly filled in claim form. In some cases advance payments can be made. If you need help to fill in the forms, ask your Witness Care Officer.

    Additionally, the closest relatives of those who have been murdered are often entitled to have their expenses paid to enable them to attend the trial. Ask your local Victim Support branch about this.

  • What does a Custodial sentence mean?
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    This means that, after being sentenced, the defendant is taken straight to the nearest prison, where the sentence will begin. If they spent time in custody before the trial, the time in prison is often counted as having started from the date they were in custody. 16- 21 year olds are sent to a Young Offenders Institution, rather than prison.

  • How long will the offender spend in prison?
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    Under current law, offenders do not usually serve the whole of their sentence in prison. When a prisoner is released will depend on the length of their sentence, how much time they spent in prison before they were sentenced and whether they have passed a risk assessment for being released on licence or Home detention Curfew (which involves wearing an electronic tag to check where they are after a certain time at night).

  • What are community sentences?
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    There are a wide range of community sentences:

    Community Punishment Order
    This means that the offender has to do a certain number of hours of unpaid work for the community. If they are in employment they will be expected to do it during their own time. The work is organised by the National Probation Service. If the offender breaches the order they may be taken back to court where they could be re-sentenced for the offence, which includes the possibility of a custodial sentence.

    Community Rehabilitation Order
    This means that for the duration of the order, the offender will be under the supervision of a probation officer. If they fail to comply with the terms of the order they may be taken back to court where they could be re-sentenced for the offence, which includes the possibility of a custodial sentence.

    Attendance Centre Order
    This means that the offender has to do certain activities while being supervised by an attendance centre officer. If they fail to comply with the terms of the order they could be taken back to court and fined for the breach or re-sentenced for the offence.

    Drug Treatment and Testing Order
    A court can order this. It requires the offender to undergo treatment for their drug problem. This can be alongside another community sentence or on its own. It is available to offenders aged 16 or over.

  • What are the sentences for Young Offenders?
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    There is a wide range of sentences for young offenders:

    Electronically Monitored Curfew Order
    These are available for offenders aged 10 or over. They are intended to help break patterns of offending by keeping young offenders off the streets and out of trouble at times they are most likely to offend.

    Detention and Training Order (DTO)
    This means that the offender will usually serve the first half of the period of the order in custody and for the second half they will be under the supervision of someone from social services or the National Probation Service. If they are convicted of a new offence committed while under supervision, a court may order them to be detained in secure accommodation for the remainder of the order as well as sentencing them for the new offence. This is the main custodial sentence for 12 - 17 year olds.

    Intensive Supervision and Surveillance Order
    This targets the most prolific young offenders in England and Wales. It is the most rigorous non-custodial intervention available for persistent young offenders. For the duration of the order the offender will be supervised by a member of the local social services, National Probation Service or Youth Offending Team. The programme involves surveillance up to 24 hours a day, seven days a week. The offender must also undertake at least 25 hours a week face-to-face supervision over the first three months. The supervisor should work with them in such a way as to reduce the risk of their re-offending. If they fail to comply with the terms of the order they could be taken back to court and fined for the breach or re-sentenced for the offence.

    Reparation Order
    This requires a young offender to make reparation in kind either to the victim, if the victim wishes, or to the community. The victim will be consulted about this. The Reparation Order might include, for example, writing a letter of apology, apologising in person, cleaning graffiti or repairing criminal damage. The victim does not have to give consent to reparation. Instead the court may order reparation to the community, in which case the offender will have to do a certain number of hours of unpaid work in the community. If they want, the victim can ask to be kept informed.

    Action Plan Order
    This is available for 10-17 year olds. It is a short intensive community based court order combining punishment, rehabilitation and reparation. This means that the court will set down a series of requirements that the offender has to comply with for a period of three months. It is designed to address the specific causes of offending. They will be under the supervision of a member of the local social services, National Probation Service or Youth Offending Team. The purpose is to rehabilitate them or prevent them from committing further offences. If they fail to comply with the terms of the order they could be taken back to court and fined for the breach or re-sentenced for the offence.

    As this order involves reparation, the victim will be consulted before any reparation is decided.

    Referral Order
    These are the main intervention for young offenders who plead guilty on their first court appearance, if they are not given a custodial sentence. They are referred to a community led panel that negotiates a contract with them covering reparation and steps to tackle their offending behaviour. If they agree a contract and carry it out the conviction is described as 'spent'. If they do not agree, they are referred back to the court for re-sentencing.

    When the police inform you (as the victim) about the result of the court case they will ask your consent to refer you to the Youth Offending Team, unless you have given this already. You do not have to give your consent, but if you do, the YOT will contact you to tell you about the Referral Order and the panel meeting. They will seek your views about the offence, and any reparation (which could be to you or the community). You may be invited to attend the first panel meeting, so that you can give your views and ask questions. You can choose someone to go with you if you wish. If you prefer not to attend the meeting, you can pass on your views to the meeting - you can choose someone to attend on your behalf. (You may also ask to attend a later panel meeting instead). You will be asked if you want to be kept informed e.g. about the content of the contract and the young person's completion of the contract.

    Parenting Order
    These are designed to help and support parents or guardians in addressing their child's anti-social or offending behaviour. The order can impose a requirement on the parent or guardian to attend counselling or guidance sessions for up to three months, and other requirements for up to a year, encouraging the parent or guardian to exercise a measure of control over the child. Failure to comply is an offence, which can attract a fine of up to 1000 pounds.

    Youth Inclusion Programme
    These are run in the most deprived neighbourhoods and target 13-16 year olds who are at risk of offending. The programmes provide out of school activities to motivate youngsters into constructive living and back into education.

  • What are other possible outcomes?
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    A Fine
    This is an order to pay money to the court. This varies enormously depending on the circumstances of the crime.

    A Compensation Order
    If someone is convicted, the criminal court may order the defendant to pay you (as the victim) compensation for any injury, loss or damage which you have suffered because of the offence. There is more information about getting compensation from an offender in the section on Compensation.

    Conditional Discharge
    This means that although the defendant has not been punished for the offence, if they commit another offence within a time limit set by the courts, they could be re-sentenced for this offence as well as the new offence.

    Absolute Discharge
    This means that although the defendant is guilty of the offence, the court took the view that no punishment was necessary. Reasons for this could perhaps be:

    • because of the circumstances of the crime;
    • the defendant's previous good character;
    • if the crime was very minor; or
    • if the defendant was very young, or very old.
  • Can the Court’s decision be appealed against?
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    An offender can appeal against his or her sentence or conviction or both. If an offender is convicted in the magistrates’ court, he or she can appeal against the conviction and/or sentence. If the conviction is disputed, the whole trial will be heard again at the Crown Court in front of a judge and two magistrates. If only the sentence is in dispute it will be for a Crown Court judge to consider the appeal. He may increase the sentence, reduce it or leave it as it is.

    Sometimes the prosecution or the defence may believe that the magistrates have reached the wrong decision because they misinterpreted the law. In such circumstances the case may be appealed to the High Court who will then decide whether the court was right or not. If the High Court decides the magistrates were wrong it can order the magistrates to change their verdict. This does not involve a re-trial.

    The prosecution have no right to appeal against Crown Court verdicts although the defendant can. Such appeals will be heard by the Court of Appeal which can quash the conviction and stop the case or order a re-trial or leave the conviction as it is. The Court of Appeal also considers appeals against sentence in the same way as a Crown Court judge.

    If an offender’s appeal is unsuccessful they can make an application to the Criminal Cases Review Commission, which considers cases of alleged miscarriages of justice that have been through the appeal process. They can refer the case back to the Court of Appeal if they consider there is a real possibility that a conviction or sentence would not be upheld. This only occurs in a very small number of cases.

    In certain limited categories of case, the Attorney General can refer what he feels to be an unduly lenient sentence to the Court of Appeal. This means that he believes that the defendant may not have received a high enough sentence for what he or she has been convicted of.

  • What is Restorative Justice?
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    Restorative Justice is sometimes described a ‘problem solving approach’  to crime. It tries to make things good again (restore) after a crime, for victims, offenders and the communities that they live in. This approach focuses on encouraging offenders to take responsibility for what they have done, apologising and making amends to their victims and resolving to change their behaviour. For victims, restorative justice provides a chance to ask the offender questions or to tell him or her how their criminal behaviour has affected others. An essential part of the process is that it is up to the victim whether or not they wish to take part.

    Restorative justice can take different forms, but does not necessarily involve face-to-face meetings with the offender. There can be face-to-face mediation if that is preferred, or indirect mediation, where the mediator liases between the victim and the offender. There may be a restorative conference, including a wider group of people e.g. the young person’s parents and possibly others. Sometimes restorative conferences are held even if the victim does not wish to attend, and the victim can have their views conveyed to the meeting by someone else if they wish (including any views they may have on reparation). The victim will always be consulted about whether and how they might be involved.

  • What is Reparation?
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    Reparation means that the defendant does something which is intended to go some way towards repairing the damage that they caused by committing the offence.

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