CJS working together for the public

Where the police think that the suspect is unlikely to commit another offence, will attend court, will not intimidate you or other witnesses or obstruct the course of justice they will usually release him or her on unconditional bail. This requires only that he or she turns up to court on time. However if he or she does not turn up the court can issue a warrant for his or her arrest.

Where the police think that there is a risk that the suspect may commit another offence, fail to turn up at court, intimidate you or other witnesses, or obstruct the course of justice, they can impose conditional bail. This means that he or she's liberty is restricted in some way. For example, there may be a condition not to go within a certain distance of your house, or there may be a curfew if the offence was committed at night. If he or she is reported or believed to have breached one of the conditions, he or she can be arrested and put before a magistrates' court where he or she may be remanded in custody to prison.

Where there is a high risk of the defendant committing another offence, failing to turn up at court, intimidating you or obstructing the course of justice, the police will keep the defendant in detention and take him or her to the magistrates court. The Crown Prosecutor will be given details of the offence and reasons why the police think that he or she should be remanded in custody to a prison. It is up to the prosecutor to decide whether or not he or she agrees with the police recommendation. Part of the consideration will include the circumstances and potential threat to you. The prosecutor may decide to recommend conditional or unconditional bail or he or she may agree with the police and apply to remand the defendant in custody.

The defendant will usually be represented by a solicitor who may argue that he or she should be given bail. After hearing the prosecutor and the defence solicitor or defendant, the magistrates will decide on bail. If the defendant is remanded in custody to a prison, he or she may apply one more time for bail to the magistrates and then if that application is refused they can apply to a judge. After this he or she cannot make any more applications unless he or she can persuade the magistrates that something about the case or personal circumstances has changed. If you have made a victim personal statement at this time, the court will take this into consideration when making their decision.

A caution means that the suspect has to attend a police station where he or she will be spoken to formally by a senior police officer. The suspect must admit that he or she committed the offence. The suspect will be warned about his or her behaviour and the consequences if a further offence is committed. The caution will then be recorded in writing. Although a caution is not a conviction, it can be put before a court if the suspect is convicted of another offence.

Reprimands and Final warnings have replaced cautions for Young Offenders. The police can issue a Final Warning instead of resorting to prosecution. An offender can receive a maximum of one Final Warning before being sent to court, except where the first warning was given more than two years ago. Two warnings is the legal maximum. When a Final Warning has been issued the offender is referred to a youth offending team. The offender will be assessed and in the vast majority of cases a rehabilitation programme aimed at preventing re-offending is provided.

If a young person is reprimanded or given a final warning for the offence, you may be contacted by the Youth Offending Team (YOT). The YOT is a multi-agency group (including the police) who work with victims and young offenders to try to prevent re-offending and, in appropriate circumstances, use restorative justice techniques or reparation to enable you to make the young person aware of the consequences of their actions. You do not have to be involved in this if you do not want to, but many victims find it helpful to have had this opportunity.

Charging is when the suspect is formally accused of committing a particular offence. The suspect will be given a typed or written account of the charge, which will set out the date and nature of the alleged offence and give details of the court that will appear before.

When a suspect has been interviewed about an offence and has admitted their part in it, then charging is not the only option available to the police. If the suspect fits certain criteria and the offence is not too serious then the police can caution an adult or with a young person, give a reprimand.

Yes, in most circumstances. The police officer will ask you if you would like to make a victim personal statement (VPS). The VPS adds to the information you have already given to the police in your statement about the crime. The VPS gives you a chance to tell the criminal justice agencies about any support you might need, and how the crime has affected you, for example, physically, emotionally or financially.

It is entirely up to you whether you would like to make a VPS. You can add to your VPS at any time up to the end of the case. If you do not want to make one straightaway you can always ask to make one later on. For example, you may not know the full effect of the crime until some time after the event. See our page on Victim Personal Statements for more information.

You should use the VPS to give the police any information you did not include in your statement about the crime. You can say whatever you like in the VPS. For example, you may want to say:

• Any concerns you have about the defendant being given bail by the police or the court;
• If you want to be told about the progress of your case;
• If you would like extra support (particularly if you are appearing as a witness at a trial);
• If you feel vulnerable or intimidated;
• How the crime has affected you if you feel racial hostility was part of the crime;
• How the crime has affected you if you feel that you were victimised because of your faith, cultural background or disability;
• If the crime has caused, or made worse, any medical or social problems; or
• Anything else you think might be helpful or relevant.

The police officer helping you make your VPS should explain that, if you have a view about what type of sentence the defendant should receive, you should not include your view in your personal statement since by law the judge and magistrates have to take the circumstances of the crime and of the defendant into account when sentencing and are not allowed to pay attention to the victim´s view of what type of sentence should be given.

If you make a VPS, it will become part of the case papers. This means that it will be seen by everyone involved with your case. For example, the police, the Crown Prosecution Service, the defence (including the defendant), and the magistrates and judges at the courts. A VPS is particularly useful when a court is deciding whether or not to grant bail to a defendant or put conditions on his or her bail, as it can indicate the concerns you have over your safety if the defendant is released on bail.

Yes it is possible The VPS will become part of the case papers and, if a suspect is caught and charged, the case papers have to be shown to him or her and his or her legal representative. He or she will see what you have said and, if the case goes to trial, you could be asked questions about your VPS in court although the questions must be relevant to the case being tried. If the defence lawyer asks you questions about the VPS that the prosecutor believes are not relevant, the prosecutor will object.

As a result, you should be ready to answer any questions about your VPS. Once you have made a VPS you cannot withdraw it or change it. However, you can always make another VPS that clears up or changes something you said in an earlier statement.

No. Once you have signed a statement you may be required to attend court whether you want to do so or not.

The judge or magistrate will have read your personal statement and will be aware of what you have expressed in the statement about how the crime has affected you. He or she must consider your statement and take it into account when deciding the sentence the defendant will receive. The judge may refer to what you have expressed in your personal statement during the sentence.

If the police have a suspect for an offence where the identity of the person is in dispute, it may require an identification procedure to be carried out. There are several different types of 'identification parade' which you may be asked to be involved in. The most common are 'line-up' or 'VIPER'. In a 'line-up' the suspect stands in a line of other people who have similar features to the suspect i.e. approximately the same height, build, hair colour and style. This parade stands on one side of a one-way glass partition, with the witness and police officer conducting the parade on the other. This means that the suspect does not get to see the victim or witness. The suspect's solicitor is allowed to stand with the police and victim, to ensure that the parade is carried out fairly.

In some areas, VIPER (Video Identification Parade Electronic Recording) is being used, this is a series of digital images held on computer which can be used in a similar way to an identification parade, but without needing the suspect or the victim to have to keep attending a police station for an identification parade. It is hoped that soon, victims will be able to take part in this type of video parade in their own home.

There are other types of identification procedure, but these are not used so often, and if needed the officer in the case will explain them to you.

Young people who are over the age of criminal responsibility (10), but are under the age of 17 can still be arrested and detained, but the rules are slightly different from those described here, which are for an adult offender.