The Inquest.
Whenever the cause of someone’s death is unknown, violent or unnatural, there will be a legal inquiry into the death. This is known as an inquest.
The inquest is held in public by an experienced and independent lawyer or doctor – known as a coroner – who will determine the cause and the circumstances of the death.
The coroner’s verdict is normally based on a detailed examination of the body called a post-mortem examination.
Can the inquest delay the funeral?
A person’s death cannot be registered until the inquest (if one is required) is completed. As a result, a death certificate cannot be issued and the body cannot be removed until this time. After the inquest, the coroner decides when the body can be released for a funeral.
Coroners know the distress this can cause, so they do their best to keep this delay as short as possible. If no one is arrested and charged in connection with the death within a reasonable time, the coroner may arrange for a second post-mortem examination to be carried out by a different doctor so that the funeral can go ahead.
They may also issue an interim death certificate so that you can start dealing with the deceased person’s estate.
Will the inquest lead to a sentence?
It is important to remember that an inquest does not set out to find anyone to blame for the death. If it becomes clear to the coroner – when they carry out their investigations before the actual inquest – that the death happened because of an unlawful killing, the coroner will immediately contact the Crown Prosecution Service (CPS).
However, if the CPS decides not to bring charges, the coroner will hold a full inquest. 35
Understanding the role of the coroner and the coroner’s officers.
A coroner is an experienced doctor or lawyer who has been appointed by a local authority to investigate sudden, unknown, unexplained or violent deaths in their area (even if the person did not die in their local area).
Only a coroner can order an inquest, so you or a relative of the deceased cannot insist on one.
A coroner is completely independent of the local authority, the police and the CPS. Their conclusion and verdict depend entirely on the facts they hear at the inquest.
The coroner’s staff are known as the coroner’s officers. Their job is to work with you and other members of bereaved families, the police, doctors and funeral directors. If you have any questions, you can ask to talk to the coroner’s officer at any time.
To contact the coroner’s officer, speak to the Police Family Liaison Officers (FLOs).
Understanding the purpose of a post- mortem examination.
Shortly after the person has died, the coroner will arrange for a post-mortem examination (also known as an autopsy) to determine the cause of death. This is a medical examination carried out by a qualified pathologist who will investigate all possible causes of death.
The coroner can order a post mortem without your permission, but they will normally give you notice of where and when it is taking place – unless it has to happen very urgently.
Can I be present at the post mortem?
You can ask to be represented by a doctor at the examination, but you cannot attend it yourself unless you are a qualified doctor.
What happens during the post mortem?
Many post-mortem examinations involve taking small tissue samples – an important tool to enable the pathologist to reach a diagnosis. The pathologist may also have to remove and keep organs for further tests.
You will always be told when an organ is taken away – unless you prefer not to be told.
What happens to the organs or tissues after the post mortem?
When the coroner is certain of the cause of death and can confirm that no further examinations are needed, the organs or tissues are not normally returned.
However, you may ask the coroner to return them to you for the funeral.
If an organ has to be kept until after the funeral has taken place, you can choose how you want the organ to be handled when it is released – unless you prefer not to be consulted. You may, for example, want to have another ceremony or reunite the organs with the body in a separate casket. Talk to your funeral director for advice on this.
You can also consent for the organs, tissue blocks and slides to be kept for future use within research or medical training. This could be of benefit to many other people and will also help surgeons deal with difficult cases in the future.
What happens with the findings from the post mortem?
After a post-mortem examination has taken place, the pathologist will write a report giving details of the post mortem and, in the majority of cases, establish the cause of death. This will form the basis for the coroner’s verdict.
If you would like a copy of the report, speak to the coroner’s office. The report is normally available to the next of kin – although you may have to pay for it.
You might find it more helpful to ask your doctor or the FLOs to talk to the coroner for you.
Can I ask for a second post mortem to take place?
If you are not happy with the results of the first post- mortem examination, the coroner may allow more than one post mortem to take place.
Please be aware that you will have to pay for this and that it can cost a lot of money.
Another person who may ask for a second post mortem is the person who is charged with an offence connected with the death.
If this happens, you should be prepared for a delay.
Understanding what happens at the inquest.
If you are a close relative of the person who died or if you are the executor of the person’s estate, you will be given details of when the inquest is taking place.
You do not have to attend the inquest unless you are called as a witness. However, many choose to do so.
Although inquests are distressing, families often want to know how their loved one died.
It may be a good idea to visit the courtroom and familiarise yourself with it before the inquest.
Speak to the FLOs or the coroner’s officer if you would like to do this.
Who will attend the inquest?
These people will be at the inquest:
• the coroner
• witnesses (either summoned or voluntary)
• the police
• legal, insurance and press representatives
• anyone from the public who wishes to attend.
Most inquests are held without a jury.
However, if a death occurs in very special circumstances – for example in prison, in police custody, at work or when there is an ongoing risk to the health and safety of the public – the inquest must be held with a jury.
Calling witnesses.
The coroner will decide which witnesses to call and in what order they give their evidence.
Witnesses will normally have to attend in person, but sometimes the coroner will accept written statements if the witness cannot add more information when being questioned.
If a person has been involved in causing the death and is facing a criminal charge, they may be required to attend the inquest.
If so, they will be sworn in as a witness. However, they do not have to answer any questions that imply that they are guilty.
If you think that a person should be sworn in as a witness, speak to the coroner’s officer.
Questioning witnesses
The coroner will allow certain people to question a witness. This could be someone who has a ‘proper interest’ in the inquest such as a close relative.
If you think that you may be able to offer evidence or if you would like to suggest that particular witnesses are called, you should contact the coroner before the inquest.
Delivering the verdict.
The coroner will examine the evidence closely and then deliver their verdict.
A possible verdict could be that the person died because of:
• natural causes
• an accident or misadventure
• unlawful or lawful killing.
If there is not sufficient evidence for any other verdict, the coroner could deliver an open verdict.
The coroner will deliver their verdict as a short-form verdict (as set out above) or, if more appropriate, in a narrative form. A narrative verdict would be a short factual account of how the death came about.
The coroner will then inform the Registrar of Deaths of the verdict, so that the Registrar can issue the death certificate.
What happens if someone is charged for causing the death?
If a person has been charged with murder or manslaughter, the inquest will be adjourned until the criminal proceedings are over.
After adjourning the inquest, the coroner reports the facts that have been established about
the death (who the deceased was and where and when they died, as well as the cause of death if established at that stage), so that the death can be registered.
When the trial is over, the coroner will resume the inquest – if they believe that there is sufficient cause to do so.
Usually the relevant facts will have been brought to light during the criminal trial.
What happens after the inquest?
Can I challenge the outcome of an inquest?
If you are not satisfied with the outcome of the inquest, it is possible to challenge a coroner’s decisions by applying for a judicial review within three months.
However, you will need to speak to a lawyer with expertise in this area as it is a complex process.
You can also apply for a new inquest to be held. You can do this at any time, although it is better if you apply as soon as possible and get the help of a solicitor.
You may be eligible for help with costs through the public funding scheme. For more information about public funding, see section 6 Legal support.
Can I ask to see the coroner’s notes?
If you would like to see the coroner’s notes of evidence (called depositions), you can write to the coroner’s office and request to see them.
You will have to pay a fee, and this fee varies considerably across the country.
Keep in mind that the depositions may be a transcript from a tape recording or the coroner’s own notes which may not be a full, word-for-word record.
The police investigation and prosecution.
As a bereaved family member, you may find the police investigation stressful and upsetting. However, it is vital that the police are able to gather all the evidence they need to pursue their investigations.
You need to be aware of how the investigation can have an impact on your life and what the police may expect of you. This may include access to your home or premises. If your home is the scene of the crime, you could even be excluded from it and temporarily rehoused.
The investigation team will keep you informed of their progress and guide you through the trial process. They will also tell you what will be expected of you if you are called as a prosecution witness.
Understanding the investigation process.
The police have a duty to keep you informed during the investigation. Police Family Liaison Officers (FLOs) will be the communication link between you and the investigating team.
The FLOs will keep you updated on the progress of the investigation and answer any questions you might have. If necessary, they can also put you in touch with the Senior Investigating Officer (SIO).
How the police gather evidence
In the first stage of the investigation, the police will gather all the forensic evidence that they need. They will normally take photographs at the scene of the crime and may take away materials, objects and personal items that may help their investigation.
These will be returned to you as soon as possible, except if the police need to keep some items as evidence until the case has gone to court.
Helping to identify the deceased person.
In certain cases, you may be asked to assist in obtaining dental records, fingerprints and DNA samples to identify the deceased person.
If you are a blood relative, the police may also require a DNA sample from you. The FLOs will explain the reason for this and suggest the best method of taking the sample.
Being interviewed.
The police may want to interview you as a member of the deceased person’s family. The FLOs will explain the process and tell you if you are likely to be needed as a witness if the case goes to court.
If the crime occurred in your home.
If the crime occurred in your home, you may not be able to enter it as the police will seal it while they record and gather evidence from the scene. The police will let you know what is happening and how long it may take.
If the examination of the home goes on for some time, you may need to be temporarily rehoused by the police or social services. If this happens, you should speak to the FLOs who will help you make arrangements.
Once the investigation is complete, the police will clean the areas they have worked in. They do not have to clean other areas of the site, but they may talk to the local authority Environmental Health Department for you, or arrange other specialist cleaners on your behalf.
If your home or possessions are damaged, and you can demonstrate that this was caused by police activity, you may be entitled to be reimbursed.
In my experience the crime was not in my home but outside it, this still meant that I was not allowed into my home for 3 days, I was allowed to come back for personal items to enable me to stay elsewhere but I did have to be supervised at all times whilst in the house, I was also not allowed into Nikkis room until the initial investigations had been completed. Once I was able to return home it was hard knowing that your loved ones personal items had been gone through and you may wish to put things back to how they were, but this can be done in your own time and at your own pace.
How long will the police investigation take?
There is no set time limit for the investigation, but the FLOs will keep you informed on the progress of the case. If no offender can be identified or traced, the case will remain open and will be reviewed on a regular basis.
What happens to the material collected?
All witness statements, interviews, specialist reports and other relevant material will be kept by the police in a case file. If the case is prosecuted, the defence will be entitled to see copies of these documents.
However, any personal items in the case file will be removed. For more information, speak to the FLOs.
Understanding the reasons for charging and prosecuting.
Once the investigation is complete, a decision will be taken whether to charge and prosecute a defendant. This will usually be done by the Crown Prosecution Service (CPS), the independent public body responsible for most criminal prosecutions in England and Wales.
The CPS can only bring a prosecution if it judges that there is enough evidence to provide a ‘realistic prospect of conviction’ on each charge. This means that the Crown Prosecutors consider that a court is more likely than not to convict the defendant of the alleged charge.
If this evidence test is met, the CPS will then decide whether the prosecution is in the public interest. This is almost always the case where a death has occurred.
The CPS must inform the bereaved family of charging decisions. They will also take your interests, and any views you express, into account when deciding whether or not to prosecute. However, ultimately the CPS prosecutes on behalf of the public, not the family of the deceased.
You can find more detail of how prosecution decisions are reached by asking the prosecutor of your case for the CPS leaflet The decision to prosecute.
Knowing your rights as a witness or victim of crime.
The criminal justice system can appear quite daunting and complicated, especially in this difficult time.
That’s why The Code of Practice for Victims of Crime exists to ensure that you are treated properly.
The code sets out the services that various criminal justice agencies in England and Wales are expected to provide, including:
• all police forces in England and Wales, including the British Transport Police and the Ministry of Defence Police
• the CPS
• the joint police/CPS Witness Care Units
• the Criminal Cases Review Commission (CCRC)
• Youth Offending Teams
• the Prison Service
• the Probation Service
• the Parole Board
• the Criminal Injuries Compensation Authority (CICA)
• the Tribunals Service – Criminal Injuries Compensation.
The code sets out their obligations to you and the complaint process if you are not satisfied with the services you receive.
Although the FLOs will manage most of the communications between you and the service providers, you will also need to nominate a spokesperson within your family.
They will be officially entitled to receive services under the code.
You will find a leaflet in the back of this pack outlining your rights under the code. You can get a copy of the code at
www.cjsonline.gov.uk
The Witness Charter.
If you are a witness, The Witness Charter sets out the standards of service you can expect at every stage of the criminal justice process through to the end of the trial.
The Witness Charter does not apply to close relatives of the deceased who are not witnesses in the criminal proceedings.
All organisations that provide services to witnesses in criminal proceedings – such as police forces, Witness Care Units, the CPS, HMCS and the Witness Service – fall under this charter.
For more information, ask the FLO for
The Witness Charter – Our Promise to You leaflet.
What your Witness Care Officer provides.
Going to court DVD.
Your Witness Care Officer or your FLOs should provide you with a DVD called Going to court:
a step by step guide to being a witness . This DVD is designed especially to help adult witnesses understand their role in the court process. It is an easy-to-follow animation seen through the eyes of a witness.
It explains what to expect throughout the court process and follows the journey of one witness, from making a statement through to the end of the trial.
The DVD is available with voiceovers and subtitles in English and Welsh, and voiceovers in Arabic, Bengali, Cantonese, Gujarati, Hindi, Urdu and Punjabi, as well as with British Sign Language (BSL).
It is also available to view and download online, where it is also translated into Polish, at
www.direct.gov.uk/goingtocourtvideo
Information on being a prosecution witness.
Your Witness Care Officer should also give you a leaflet called
You are a prosecution witness
with information on the services and facilities available at the court. It includes details on who to contact at the court, what to expect on arrival and what happens after you have given your evidence. The leaflet will include a map showing how to get to the court and is available in English and Welsh, with copies available in Arabic, Bengali, Cantonese, Gujarati, Hindi, Punjabi, Urdu, Polish and large print.
The leaflet can also be found on the HMCS website at
www.hmcourts-service.gov.uk/HMCSCourtFinder
.
Select the name of the court from the ‘Court name search’, then click on ‘Get court details’. In ‘More information’, click ‘Leaflets’; scroll down and select ‘Prosecution witness leaflet’ in your preferred language.
Pre-trial therapy.
Your doctor or another health professional may advise that you need counselling or some other form of therapy before the court proceedings start.
The health or social care professionals supporting you will make the best decision possible when suggesting the type of therapy you may need. If the witness is a child, the decision to advise therapy will be taken by the professionals responsible for the welfare of the child in consultation with the child’s carers.
In some instances, the type of therapy that you are given may weaken the evidence you give as a witness. This is because of the potential effect the therapy can have on the reliability of your testimony.
A member of the CPS will be able to offer you any advice on this. You can also find more information on the CPS website at
www.cps.gov.uk
Meeting the Crown Prosecution Service.
In most cases, the CPS will offer to meet the victim’s family after a defendant has been charged, as part of its Victim Focus Scheme.
At the meeting, the prosecutor will explain the role of the CPS, the charging decision, the court process and how to make a Victim Personal Statement (VPS).
The meeting is optional, so you do not have to go. If you decide not to go but change your mind before the trial, you should let the FLOs know. They can then contact the prosecutor to arrange the meeting.
Who will attend the meeting and where will it take place?
The CPS prosecutor and the FLOs will attend the meeting. The prosecutor will manage the meeting, perhaps supported by a CPS colleague.
The meeting will usually take place in the CPS office where the prosecutor works. If this is inconvenient for you, you should let the FLOs know so that the prosecutor can consider whether any alternative arrangements can be made. .
What will happen at the meeting?
At your meeting the prosecutor will:
• deal with any questions and concerns you may have
• outline the court process
• outline the progress of the case
• explain the role of the CPS to you
• explain the legal basis of the charges on which the prosecution is proceeding
• explain the Victim Personal Statement.
The prosecution will also try to answer any questions you have about the case, although they might not be able to discuss the details of any evidence.
You can download a booklet on the Victim Focus Scheme at
www.cps.gov.uk
The Crown Prosecution Service’s duty to you.
The CPS is committed to consider the families of victims in making and communicating its decisions. In particular, it promises to:
• take into account how a decision about charging a defendant will impact on you
• inform you if the charge is withdrawn, discontinued or substantially altered
• seek, if possible, the family’s view when considering the acceptability of a plea.
You can get a copy of the Prosecutors’ Pledge which sets out all CPS commitments to victims and bereaved families
go to www.cps.gov.uk
The Crown Prosecution Service’s standards of care for witnesses.
The CPS recognises that involvement in criminal proceedings can be very upsetting for bereaved families.
Its standards of care and treatment commit it to:
• contact you direct in order to explain a decision not to go ahead with a prosecution, or to change a charge substantially
• offer to meet with you if you require a further explanation of a decision
• send you a leaflet explaining how prosecution decisions are reached.
You can get copies of the CPS leaflets
Statement on the Treatment of Victims and Witnesses, The Code for Crown Prosecutors or
The Decision to Prosecute by calling the CPS Communications Branch on 020 7796 8023.
Making a Victim Personal Statement
In cases of murder and manslaughter, close relatives can make a Victim Personal Statement (VPS). This is also sometimes referred to as a Victim Impact Statement or a Family Impact Statement.
The VPS gives you the opportunity to tell the court about how the crime has affected you. The FLOs will either take the VPS or arrange for it to be taken by a member of the investigation team.
You do not have to make a VPS if you do not want to. If you do not want to make one straight away, you can always ask the FLOs to arrange it at a later date. You will find more information about the VPS in the leaflet
Making a Victim Personal Statement
– ask an FLO for a copy.
Who can make a Victim Personal Statement?
All close relatives of the deceased will be asked if they wish to make a VPS. The VPS should not be confused with a witness statement – you will only be asked to make a witness statement if you are a witness in the trial.
What information can I give?
You can say what you want, in your own words. For example,
you may want to say:
• if you feel vulnerable or intimidated
• how the crime has affected you
• if you feel that racial hostility was a motivation for the crime
• if you feel that faith, cultural background or disability were factors in the crime
• any concerns you have regarding the defendant being given bail or released to an area near you
• if the crime has impacted on any medical or social problems
• anything else that you feel would be helpful or relevant.
What happens to the Victim Personal Statement once I have made it?
If you do choose to make a VPS, it will become part of the case papers. This means that the statement can be seen by everyone involved with the case.
This can include:
• the police
• CPS staff, including the prosecutor
• the defence team
• magistrates or judges at court.
As a relative of the victim, you will not normally be able to see the case papers.
This is because you may be a witness to the case or could speak to witnesses about the statements and other paperwork.
When will the court consider the Victim Personal Statement?
Depending on the circumstances, the statement may be read out to the court by the CPS prosecutor. Alternatively, the judge may read your statement in private.
You should tell the CPS prosecutor which of these you would prefer so that they can tell the judge.
Will I be cross-examined about my Victim Personal Statement?
Will I be cross-examined about my Victim Personal Statement? As part of the trial process, the defence must be shown the case papers. They will see your VPS, and if you are called as a witness, they may ask you questions about what you have said.
Once you have made a VPS you cannot withdraw it or change the content. You can, however, make another VPS to clarify or change something you said in a previous statement.
If there’s an appeal, will the Court of Appeal see my Victim Personal Statement?
The papers that are sent from the Crown Court to the Court of Appeal will also include your VPS.
You may want to update your VPS so that the Court of Appeal is aware of any changes since the original VPS was filed. Talk to your FLO about the possibility of making a new VPS.
Prosecuting your case privately.
When someone dies as a result of a crime, the police and the CPS will normally start criminal proceedings against the prosecuted person – as long as there is sufficient evidence to do so.
If, for some reason, criminal proceedings do not start, there is nothing to stop you from starting your own private prosecution. But you must make sure that you get legal advice before you take a step like this.
Prosecuting a case privately could be very expensive as public funding (known as Legal Aid) is usually not available.
The court
Even though all criminal cases start in magistrates’ courts, the most serious offences, such as murder and manslaughter, must be tried before a judge and jury in the Crown Court.
The trial will begin with a hearing where the defendant will plead guilty or not guilty. The jury must then reach a conclusive verdict before the judge can pass a sentence.
Getting support before attending a court case.
The Witness Service, run by Victim Support, gives free and confidential information and support to witnesses, victims and their families. This service is available in every magistrates’ court and Crown Court in England and Wales. You can arrange a visit to the court before the trial, get information about how the court works, or have a representative sit with your family to give you support during the trial.
Where court facilities allow, you will be seated away from the relatives or friends of the defendant in the courtroom. Similarly, when you are waiting for the trial to commence or recommence, staff from the court and the Witness Service will try to give you a room where you can sit and wait with relatives and friends, away from the defendant and their family or associates.
If the Witness Service has not already been in touch with you, you should contact them before the trial. Your Police Family Liaison Officers (FLOs) may be able to help.
Going to a magistrates’ court.
All criminal cases start in magistrates’ courts, although the most serious offences – such as murder or manslaughter – can only be tried in the Crown Court before a judge and jury.
If a case is sent for trial at the Crown Court, the defendant will either be granted bail (be released) or kept in custody at the magistrates’ court until they appear at the Crown Court.
If the defendant is a youth and they are not granted bail, they will be kept in custody in a special part of the magistrates’ court known as the Youth Court.
What happens if the defendant is granted bail?
A defendant will normally be granted bail by the police or the court, unless they have good reason to believe that the defendant may:
• not attend the trial
• commit an offence while on bail
• interfere with witnesses
• obstruct the course of justice.
The period of bail should never last longer than 12 weeks for an adult defendant and 10 weeks for a youth defendant.
Bail with conditions attached.
If the court grants bail to someone charged with a murder, it can put conditions on this bail – such as limiting where the defendant stays or preventing the defendant from coming near you, your family or your home.
If the defendant has had a previous conviction for murder or manslaughter, they will only be released on bail for exceptional reasons. The police will tell you if a defendant is granted bail and if there are any conditions attached. They will also let you know what happens if the conditions are broken.
If you have concerns about the defendant being granted bail, it is important that you tell the police – either directly or through a Victim Personal Statement. The police will pass your views on to the Crown Prosecution Service who will make them known to the court. If bail is still granted, the prosecution may, in certain circumstances, appeal against the decision.
Going to Crown Court.
When a case goes straight from a magistrates’ court to Crown Court, the Crown Court arranges for an early hearing – this is known as a ‘plea and case management hearing’.
The Witness Care Unit will notify you of the date of the hearing
What happens at the hearing?
The hearing is the first opportunity for the defendant to plead in the Crown Court.
If the defendant pleads guilty, the judge may pass sentence straight away. However, if pre-sentence reports are required, the sentence will be adjourned to another date as it may be several weeks before these reports are available.
If the defendant pleads not guilty, the judge will look into the issues involved and ask the prosecution and defence for an estimate of how long they think the trial will take. After consulting with the court’s listing officer, the judge will arrange a date for the trial.
The court will try to choose a date for the trial that is convenient for the prosecution and their witnesses. They will aim to start within 16 weeks of the crime being committed or, if the case was sent from a magistrates’ court, within 26 weeks. If there is likely to be a delay, the police will let you know and explain the reasons.
Who will attend the trial?
Most criminal trials are held in an open court. This means that the public and press can attend the trial. An open court ensures that rules of evidence are always observed. Rules of evidence spell out what can and cannot be said in court.
Although they can seem frustrating and confusing, they are important. If evidence is not given properly, the jury may not reach a reliable verdict.
These people will be present at a trial:
• the judge
• the jury
• the prosecution team
• the defence team
• the court usher
• the court clerk.
The jury.
A jury is made up of 12 people between the ages of 18 and 75 who are picked randomly from the electoral register.
A jury is completely independent of the police, the Crown Prosecution Service and anyone else involved in the case.
Their role is to decide whether the defendant is guilty or not. Before the trial can begin, the jury must be sworn in.
The judge.
The judge cannot influence or override the jury’s decision. The judge’s role is to:
• have the final decision on questions of law
• sum up the evidence for the jury
• tell the jury about the relevant law
• let the accused go or pass a sentence when the jury has given its verdict.
What happens at the trial?
A defendant is regarded as innocent – unless they plead guilty or are found guilty at the end of a trial.
If, on the day of the trial, the defendant pleads guilty, there is no need to swear in a jury. Instead, the court may move straight on to sentencing. However, if the court needs more information about the defendant, it will delay sentencing while preparing reports.
If the defendant continues to plead not guilty, the jury is sworn in, and the trial begins.
The defendant can change their mind at any point during the trial and plead guilty. The jury will then have to give a formal verdict of guilty and the court may then move on to sentencing the defendant on that day. However, if the court needs more information about the defendant, it will delay sentencing while reports are prepared.
How do the jury agree on a verdict?
If the 12 jurors cannot agree on a verdict, the judge may ask them to bring in a majority verdict. This means that at least ten of the jurors must agree on a verdict. If the jury is still unable to reach a verdict, the judge will discharge them from giving a verdict and order a retrial.
If the jury gives a verdict of not guilty, the prosecution cannot appeal and the defendant cannot be tried again for the same offence, except in very limited cases.
If the defendant is found guilty, the defence has the right to appeal to the appropriate court.
Can I get my expenses paid to attend trial?
If you are attending the trial as a witness, the Crown Prosecution Service will pay certain expenses for the days when you give evidence.
If you are not a witness and attending the trial may cause you financial difficulties, Victim Support may be able to help you to access funds to cover some expenses.
For more information, contact your local Victim Support Scheme or the Witness Service at the relevant Crown Court.
Knowing the standards of service you can expect at court.
What are the standards of service?
The Courts Charter for Court Users sets out the standards of service that anyone going to court can expect of Her Majesty’s Courts Service (HMCS) .
To get a copy of the charter, contact HMCS.
Call: 0845 456 8770
go to www.hmcourts-service.gov.uk
See section 6 Making a complaint for details on how to make a complaint.
The sentence.
The judge will normally pass sentence within four weeks after the offender was convicted. Before sentencing, the judge will consider the facts and circumstances of the offence.
They will also take into account the defence’s arguments for a more lenient sentence and any Victim Personal Statements.
The most severe sentence a judge can pass is a life sentence.
Understanding what happens before sentencing.
Before the judge passes sentence, the prosecution and the defence will make their final summaries.
First, the prosecution will summarise the circumstances of the offence. They will describe the defendant’s background by giving details of their education, employment and financial circumstances. They will also include details of any previous convictions, as the court will consider any pre- sentence reports on the offender.
The defence will then put forward their arguments for a lenient sentence – this is known as a plea in mitigation. If the Crown Prosecution Service (CPS) detects incorrect information, or unfair criticism of the person who has died in the plea in mitigation, they will challenge these statements. Sentencing normally happens within four weeks of the end of the trial.
A defendant who is found guilty at a trial can be granted bail while waiting for sentence. If the defendant was on bail up to the trial, they will usually continue on bail – unless the court believes that it is now necessary to keep the defendant in custody.
Likewise, if the defendant was kept in custody before the trial, they will usually stay there until they are sentenced.
When the judge decides what sentence to pass, they will take account of:
• the facts of the offence
• the circumstances of the offender
• any plea in mitigation
• any Victim Personal Statements.
Knowing about different types of sentences.
The most important distinction between sentences is whether they are determinate or indeterminate.
• A determinate sentence is where the sentence has a defined length. • An indeterminate sentence (such as a life sentence) is where the offender will only be released after serving a set minimum length of time in prison. After this, their release is decided by a body such as the Parole Board.
For more information about the Parole Board, see After the sentence has been passed later in this section.
Indeterminate sentences.
Indeterminates sentences include:
• life sentences
• indeterminate sentences for public protection (IPP).
Life sentence.
If the defendant is convicted of murder, the judge must impose a mandatory life sentence. The name for this sentence varies depending on the age of the offender.
• If the offender is between 10 and 18, the sentence is called ‘detention at Her Majesty’s pleasure’.
• If the offender is between 18 and 21, the sentence is called ‘custody for life’.
• If the offender is over 21, the sentence is called ‘life imprisonment’.
In all of these cases, the offender must serve a minimum period in prison (the tariff) which is set by the court. They will only be released if the Parole Board agrees.
A judge can also impose a life sentence for some of the most serious crimes such as manslaughter. This is known as a ‘discretionary life sentence’.
Indeterminate sentence for public protection.
If the defendant is convicted of a very serious sexual or violent offence, they may be sentenced to an indeterminate sentence for public protection (IPP).
IPP sentences may be given for a range of sexual and violent offences such as manslaughter, wounding with intent to cause grievous bodily harm, robbery and rape.
The judge can only give this sentence if the offender is considered dangerous and likely to cause serious harm to the public in a future sexual or violent offence.
As with life sentences, the offender must serve a minimum period in prison (the tariff set by the court) before being considered for release by the Parole Board.
A complete list of IPP offences is set out in the Criminal Justice Act 2003.
The tariff (or the minimum term)
The tariff – or the minimum term – is the minimum period of time which an offender (subject to an indeterminate sentence) has to serve in prison before they can be considered for release by the Parole Board. The tariff is set by the trial judge and announced in open court.
Where a life sentence is imposed for murder, the starting points for setting the tariff may be:
• whole life (offender will never be released from prison) – for the most serious cases
• 30-year starting point
• 15-year starting point
• 12-year starting point – for those aged 17 years or under.
Please note that the starting points for other indeterminate sentences are set out in guidelines and depend on the offence committed.
When the trial judge has decided on an appropriate starting point, they will consider any aggravating and mitigating factors. They will then move either up or down from the starting point to arrive at the appropriate minimum term.
Can indeterminate sentence prisoners be released?
Prisoners serving indeterminate sentences have no automatic right to be released. They must always serve a minimum term (the tariff) set by the trial judge. When the minimum term is up, the Parole Board will – through a rigorous assessment – determine whether they are suitable for release or not.
Depending on the outcome of their Parole Board reviews, prisoners serving indeterminate sentences may spend the remainder of their life in prison. However, if they are ordered to be released, they will spend a further period in the community on licence. During this period, they may be recalled to prison if their behaviour breaches the terms of the licence.
A life sentence prisoner remains subject to their licence for the rest of their life. An IPP prisoner can apply to end their licence period after 10 years in the community – but if necessary, they can remain on licence indefinitely.
Determinate sentences
The type of determinate sentence passed depends on whether the court assesses the offender to be dangerous and likely to cause harm to the public in the future. If the defendant is convicted of a sexual or violent offence and is considered dangerous, they may be sentenced to an extended sentence for public protection (EPP).
A complete list of EPP offences is set out in the Criminal Justice Act 2003.
Can determinate sentence prisoners be released?
Offenders who are not considered ‘dangerous’ by the court are released automatically at the halfway point of their sentence.
They will then remain on licence and under the supervision of the Probation Service until the end of their sentence. If an offender breaches the terms of the conditions of the licence, they can be recalled to prison.
Offenders who are considered ‘dangerous’ by the court may receive an EPP. They will be released at the halfway point of their custodial term, and remain on licence for the remaining half.
But they will also receive an extended period of licence where they are supervised and may be recalled to prison at any time.
Appealing against a verdict, sentence or tariff.
Bereaved family members cannot appeal against a not guilty verdict, a sentence or the length of a tariff (the minimum term that some prisoners must serve).
However, if you think that the sentence is lenient, you can discuss your concerns with the Crown Prosecution Service (CPS). They may support your view and decide to refer the case to the Attorney General. If the Attorney General thinks that the sentence or tariff is unduly lenient, they can refer the case to the Court of Appeal, which may consider increasing the sentence.
The Attorney General’s Office has to refer cases within 28 days of the day on which the sentence was passed. So you must make sure that you contact the CPS straight after the offender has been sentenced.
Alternatively, you may contact the Attorney General’s Office yourself.
Write to:
Attorney General’s Office
20 Victoria Street
London SW1H 0NF
go to www.attorneygeneral.gov.uk
Can the defendant appeal?
A defendant who has been convicted in the magistrates’ court may appeal to the Crown Court against their conviction and/or sentence.
A defendant convicted in the Crown Court may appeal to the Court of Appeal against their conviction and/or sentence. If they were convicted of murder, they cannot appeal against their sentence but they can appeal against the tariff. In certain circumstances, they can also appeal to the House of Lords.
Their appeal may be based on the facts of the case, a mixture of fact and law, or just on a legal point.
What happens if the defendant makes an appeal to the Court of Appeal?
If the defendant wants to make an appeal, they will usually need to apply for ‘permission to appeal’ to a High Court judge. In the majority of cases, the judge will refuse the application.
However, if the judge considers that there may be merit in what the defendant is saying, they will give permission for an appeal to go ahead. The appeal hearing will take place in a courtroom open to the public, usually before three judges – known as ‘the full Court of Appeal’.
If permission to appeal is refused, can the defendant make another application?
If permission to appeal is refused, the defendant can then decide whether or not they want to renew their application.
If an application is renewed, there will be a hearing in a public courtroom before the full Court of Appeal, but the defendant will not be given public funding for a barrister to put their case to the court; the judges will usually just consider the case by referring to the paperwork.
When the judges are considering a renewed application for permission to appeal against a sentence, they may exceptionally decide to give permission to appeal.
They may then adjourn the case or may immediately make a final decision about the appeal itself. However, if the renewed application is against a conviction and they decide exceptionally to give permission to appeal, the hearing will be adjourned to allow the prosecution to attend.
Will I be told if the defendant makes an appeal?
The Court of Appeal will notify the local Witness Care Unit who will inform the police. You will then be told if the defendant has been given permission to appeal or if there is going to be a hearing in public. They will also tell you:
• if the defendant is granted bail before the appeal is considered
• the date of the appeal
• the outcome of the appeal.
What happens at the full appeal hearing?
At the hearing, the judges may decide to reject the appeal – in this case the matter is finished.
If a defendant is appealing against their conviction , the prosecuting authority (usually the CPS) and barristers representing the prosecution and defence will attend the hearing.
If a defendant is appealing against their sentence , the defence will be represented by a barrister. The prosecution will be informed that the hearing is taking place, but they do not normally attend. However, if you think that they should, contact the CPS. If the defendant is not represented by a barrister, the barrister representing the prosecution will not be able speak to the court as this is considered unfair.
During the appeal, the defence barrister (and the prosecution barrister if they are attending) will put their arguments to the court about the length of the sentence or about whether the conviction should be quashed.
At the appeal, the court will not go through all the evidence, and it is very rare for there to be any witnesses giving evidence. If any evidence is given, it is usually by expert witnesses such as doctors, psychiatrists and forensic experts.
The hearing will usually take place at the Royal Courts of Justice in London.
Can I attend an appeal hearing?
If you want to attend the appeal hearing you should speak to the Police Family Liaison Officers (FLOs) who can refer you to the Witness Service. It is important that you make any arrangements to attend court via the Witness Service, so that they can let you know of any late changes to the date or the time of the appeal hearing.
The Witness Service can also make arrangements with the Criminal Appeal Office if you need certain facilities, such as using a private room while you are waiting for the hearing to start.
Alternatively, you can contact the Witness Service yourself.
Write to:
Witness Service
c/o Southwark Crown Court
1 English Grounds (off Battlebridge Lane)
Southwark
London SE1 2HU
Call: 020 7403 6200
Email: southwark.ccws@virgin.net
You can also contact Victim Support .
Call: 0845 30 30 900
Email: supportline@victimsupport.org.uk
You may also want to contact the Criminal Appeal Office , which provides administrative support to the Court of Appeal.
Write to:
Customer Service Manager
Criminal Appeal Office
Royal Courts of Justice
Strand
London WC2A 2LL
Call: 020 7947 6011
Email: criminalappealoffice.generaloffice@hmcourts-service.x.gsi.gov.uk
When you arrive at the court, you should make yourself known to the usher or court clerk. They will be able to arrange for you to be seated away from anyone connected with the defendant who may also be attending.
How do I find out about the outcome of the hearing?
The local Witness Care Unit will be informed of the outcome of the hearing so that this information can be passed on to you. They will also be able to offer you the opportunity to request a copy of the judgment given by the court.
However, the judgment is not usually available until about six weeks after the date of the hearing.
After the sentence has been passed.
Your rights as a bereaved family member do not necessarily end with the court process. You may have a right to be kept informed about certain matters during the prisoner’s sentence and to be consulted about any arrangements for parole.
You may also be entitled to put your views forward to the Parole Board, and you can report any unwanted contact from the offender while they are in prison.
Being contacted by the probation services.
Being contacted by the probation services. After the sentence has been passed, you may be contacted by the Probation Victim Contact Scheme. This will happen if the offender has been convicted of a violent or sexual offence and :
• has received a sentence of 12 months or more in prison
or
• if the offender is suffering from a mental health condition, has been made subject to certain types of hospital order and has been referred to hospital for treatment.
For more information about mentally disordered offenders, see section 4. Participating in the probation scheme is voluntary. The Police Family Liaison Officers (FLOs) or the Witness Care Officer will ask if you wish to be contacted. If you agree, they will pass your details to your local Probation Victim Liaison Team who will contact you to explain the service they provide.
Anything you tell the team will be confidential and you may choose to opt in or out of the scheme at any point during the offender’s sentence.
What the Probation Victim Contact Scheme provides.
The probation scheme exists to keep you informed during the offender’s sentence, and allows you to express your views if the offender is being considered for release.
The scheme provides:
• a chance to voice your concerns or anxieties about the offender
• updates at key stages during the offender’s sentence
• information about the likely supervision arrangements after the offender is released
• an opportunity to comment on the offender’s conditions of release – for example, whether the offender should be barred from contacting you or your family, or from entering a specific geographical area.
Meeting with the Probation Victim Liaison Officer.
As a first step, you will normally be contacted in writing with a suggested date and time to meet with your Victim Liaison Officer (VLO), who will talk you through the process of the probation scheme.
This meeting will usually be at your home, but you can suggest an alternative if that is not convenient for you. If you have been in contact with the FLOs during the trial, they may also attend.
This first meeting will explain:
• the purpose of the Probation Victim Liaison Scheme
• any key dates when the offender might be eligible for release or to apply for release
• any relevant criminal justice or mental health processes
• your right to make your views known about the conditions for the offender’s release.
Your right to be informed.
You should expect to be informed by your VLO about decisions made during the offender’s sentence that could affect you.
In particular, you should be informed if the offender :
• applies for, or is granted, Release on Temporary Licence – whether it is for work or education outside the prison or for compassionate reasons
• is considered for, or is granted, a move to open prison conditions, or a transfer to hospital for treatment of a mental health condition
• has their life sentence tariff changed
• escapes from, or is returned to, prison
• becomes eligible for a Parole Board hearing and the outcome of that review
• is recalled to custody following their release on licence as well as if they appeal against their recall and any outcomes from this.
In the case of foreign national prisoners, you may also be informed if the offender :
• is released on bail
• is released from UK Border Agency detention
• has been deported from the UK.
Speaking to the Prison Service Victim Helpline.
If you receive, or are worried about, unwanted contact from a prisoner, including letters and phone calls, call the Prison Service Victim Helpline on 0845 7585 112.
The helpline staff will pass on your concerns to the prison governor, who will investigate and decide whether to take any action. This could include checking the prisoner’s mail or monitoring their phone calls to stop them contacting you again.
If there is enough evidence, there could be disciplinary or criminal proceedings. The unwanted contact may also be taken into account when the offender is being considered for parole or temporary release.
If you decided not to use the Probation Victim Contact Scheme, you can call the helpline to voice your worries about the possible temporary release, parole or final release of a prisoner.
The helpline will confirm in writing that it has passed your concerns to the governor, who may also write to you to explain any action that has been taken.
Please note that the helpline can only deal with calls about prisoners in custody and cannot answer queries about mentally disordered offenders detained for treatment in hospital.
Putting your views forward to the Parole Board.
The Parole Board is an independent body that decides whether prisoners may be safely released from prison. As a bereaved family member, you are entitled to have your say about any conditions that might be put on such a release.
For example, you may wish to request a ‘no contact’ condition to stop the offender contacting you or members of your family. You may also request an exclusion zone, barring the offender from your home or place of work. Offenders who breach such terms on their licence may be returned to prison.
You may also be entitled to submit a personal statement to a Parole Board panel when they are considering whether to release the offender or transfer them to open prison conditions. If an offender has appealed against their return to prison because they breached victim-related licence conditions, you can also submit a personal statement.
The statement can update an earlier one from the trial, such as a Victim Personal Statement, or it may be completely new. It should outline:
• your views about the original impact of the offence and any ongoing consequences – such as information about the physical, emotional, medical and financial impact of the crime on you and your family
• the impact the offender’s release might have on your life, including why you believe the offender may continue to present a risk to you or members of your family.
Speak to your VLO or go to www.paroleboard.gov.uk for more information.