What happens if my case goes to court?

Once charged, the defendant will be given a date to go to court. At court, they either admit what they did – pleading guilty – or say they’re not guilty.

If they say they’re guilty, they’ll be convicted and get a criminal record. The court will sentence them on the same day, or set another date for sentencing after the probation service has made a report about a suitable punishment.

If they say they’re not guilty, your case will go to trial, either in a magistrates’ court or a crown court. Crown courts usually deal with more serious crimes and take longer to process. You may have to wait many months.

Generally, you’ll be needed to give evidence at the trial. If you need special measures to give evidence, you should let the court know as soon as possible.

Giving evidence in court

Before you go to court, you should have been referred to the Witness Service, run by Citizens Advice. The service will give you free and independent support on the day. You can also contact the Witness Service yourself, and take a supporter to court with you too.

At the trial, you’ll be asked to tell the court what happened to you. If you made a witness statement to the police by video, they may play that instead, or ask for both.

The defendant’s lawyer is likely to question you about your version of events – this is called cross-examination.

Special measures

If you're worried about talking in court in front of your abuser, you can ask for special measures to make it easier, such as:

  • giving evidence from behind a screen
  • giving evidence by video link
  • having the court closed to the public

You have to ask for these before the trial and the judge decides whether to allow it. Talk to the officer in charge of your case for details.

If there’s been a sexual offence, certain special measures may be applied automatically.

The verdict

Once both sides have made their cases, a decision is made about whether the defendant is guilty or not. This is called the verdict.

In a crown court, the decision is made by a jury. In a magistrates’ court, by a judge or magistrates.

If found guilty, the defendant is convicted and gets a criminal record. The court will sentence them on the same day, or set another date for sentencing after the probation service has made a report about a suitable punishment.

The punishment could be:

  • prison
  • a fine
  • a community sentence, such as:
    • unpaid work in the local area
    • a course about healthy relationships
    • treatment for drug or alcohol use

If found not guilty, the defendant is free to leave the court and doesn’t get a criminal conviction. Being not guilty isn’t the same as being innocent; it may be that there wasn’t strong enough evidence for the judge or jury to be sure of guilt.

Whether the defendant is found guilty or not, the prosecutors can ask the court to issue a restraining order to stop them from contacting, harassing or going near you in future.

Support, advice and information about going to court

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