The Process of a Criminal Case
From complaint to court, it is important for anyone accused of a criminal offence to understand the processes involved. A criminal investigation and any subsequent court proceedings can take a lengthy amount of time, in some cases years. Obtaining advice and support throughout this time period is crucial to ensuring that your position is defended and reputation protected.
. The Reporting of an Allegation
The first stage of the criminal investigation process is the making of a complaint. Anyone can make a report of a criminal offence to the police, they can do this in various ways;
- Calling 999 (in an emergency)
- Calling 101
- Completing an online report form
- Attending the police station
Whichever way in which an allegation is made the police have a duty to investigate.
In some circumstances, particularly in cases which concern the possession, making or distribution of indecent images, or extreme pornographic images
the police can be notified of the alleged offence by the National Crime Agency, internet provider or social media platforms.
The Investigation
It is the responsibility and duty of the police to investigation or alleged criminal offences. Investigations should be carried out fairly, and with an objective view rather than a biased opinion. When investigating an allegation the police must adhere to the Codes and Practices set out within the Police Criminal Evidence Act 1984, and any other relevant laws and procedures that may be applicable to the case. An investigation can include:
- Obtaining statements from the complainant and witnesses
- Obtaining an account from the suspect, usually by a police interview held under arrest or on a voluntary basis
- Securing CCTV footage
- Gathering forensic evidence
- Examining electronic equipment such as smartphones, tablets or computers.
During the investigation, particularly in complex cases, the Crown Prosecution Service can be come involved to provide the police with early investigative advice. This purpose of this is for the CPS to advise potential lines of enquiry that will assist the CPS when considering the Full Code Test.
Who Decides whether to Charge a Suspect?
Decisions to charge a suspect can be made by both the police and the CPS. The police make charging decisions in less serious cases which amount to around two thirds of cases that are investigated. The more serious offences, such as
rape,
domestic abuse
and
sexual offences against children
will be passed to the CPS so that a qualified lawyer can apply the Full Code Test to determine whether there is a realistic prospect of conviction following a thorough consideration of the evidence and any public interest factors that may apply.
How Does the CPS Make a Decision?
To charge a person with an offence the CPS must pass a two stage legal test, this is known as the Full Code Test.
Step 1:
Is there enough evidence against the suspect to provide a realistic prospect of conviction.
It is at this stage evidence collected during the investigation, including evidence which goes in the suspects favour is thoroughly considered by the reviewing CPS lawyer. Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge*. They must consider what the defence case may be, and how it is likely to affect the prospects of conviction. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be. Considerations include:
- Can the evidence be used in court?
- Is the evidence credible?
- Is there any other material that might affect the sufficiency of evidence?
Step 2:
Is it in the public interest to prosecute the suspect?
When considering the public interest test the CPS lawyer may consider factors such as:
- How serious is the offence committed?
- What is the level of culpability of the suspect?
- What are the circumstances of and the harm caused to the victim?
- What was the suspect’s age and maturity at the time of the offence?
- What is the impact on the community?
- Is prosecution a proportionate response?
- Do sources of information require protecting?
If both tests are met then the suspect will be charged with an offence, the CPS will determine what offence based on the evidence. If the test is not met then the matter will be no further actioned.
In limited circumstances, where the Full Code Test is not met, the Threshold Test may be applied to charge a suspect. The seriousness or circumstances of the case must justify the making of an immediate charging decision, and there must be substantial grounds to object to bail.
Pre Charge Representations
Being represented whilst the above process is being carried out can be crucial to a suspect. You can see the list of investigation enquiries the police may make, and also the considerations the CPS have when making difficult charging decisions. A pro active approach between defence lawyers, enabling early pre - charge engagement between us, the police and the CPS will ensure your defence points are carefully communicated and considered. We may be able to bring issues to the forefront of the CPS review which means either or both of the two stage test is not met.
Going to Court
Being charged with a criminal offence can be very distressing, however this is often the start of a long process whereby the accused is able to gain some control over the allegations made against them.
Where an accused is charged with an offence then the case will proceed to court. A charge can take place by the suspect attending the police station in person, or they will receive the charging decision and notification of court date in the post. The first court hearing will take place in the Magistrates Court, and the accused will be expected in most cases to enter their plea for the first time.
Before the hearing the CPS will provide the accused or their lawyer with the Initial Details of the Prosecution Case (IDPC). This is a summary of the evidence which the CPS are relying on to prosecute, this can contain streamlined forensic reports, witness statements and links to video footage such as CCTV where relevant.
At the first hearing the case will be allocated to the most appropriate court; summary only offences will remain in the Magistrates Court, indictable only offences will be sent to the Crown Court, and either-way offences, which can be heard in both courts, will either be determined by the Magistrates as to where the case is heard, or the accused will be given the choice. It is important when you are charged with an either-way offence that you and your lawyers discussed where the best court would be for trial as there are advantages and disadvantages to each.
Most sexual offences
will be allocated to the Crown court for both trial or sentence.
How Should I Plead?
As lawyers we can only advise on the strength of the evidence, and how any evidence can be challenged. We cannot tell you how to plead, this must be your choice. But by instructing experienced and specialist lawyers you should feel in safe hands, and assured that they are acting in your best interests at all stages of the process.
If an accused pleads not guilty, their case will proceed to trial. A guilty plea would lead their case to be listed for sentence.
How Eventum Legal Can Help
At Eventum Legal we represent clients accused of serious sexual and domestic abuse at all stages of proceedings, including during the police investigation. Whatever stage is your case is at we can take over and apply a pro-active and pragmatic approach to dealing with the allegations made. We will at all times aim to put a stop to criminal proceedings as soon as possible, and work with you to achieve the best possible outcome.
If you, a friend or family member has been accused of a sexual offence or an offence arising from an allegation of domestic abuse we can offer a free initial consultation.
We Can Help With
Have you been charged with indecent image possession? Do you want to know how many cases get dropped? Read our latest article to learn more.
Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
