Common myths and misconceptions

Not all crimes end up with a person being charged. The police have a range of options - 'outcomes' - that they can use, depending on the type of crime, the amount of evidence available and whether or not the victim supports a prosecution.

In England and Wales, everyone is presumed innocent until proven guilty in a court of law. A charge means the police and CPS agree that there is sufficient evidence to bring a person before the court. It does not mean that they are guilty of the offence unless they admit guilt or are found guilty in court.

Crime investigation can be lengthy and an investigation does not always lead to an arrest. The police often need to investigate the crime and gather more evidence before they can make an arrest.

Not all offenders go to prison. In England and Wales, the judiciary have a range of sentencing options including fines, rehabilitative programmes, unpaid work and prison.

Charges for most crimes are brought by the Crown Prosecution Service (CPS). Their role is to ensure that there is a reasonable chance  of conviction for cases brought before the courts. The police refer cases to the CPS for a charging decision.

In England and Wales, the Crown Prosecution Service prosecute criminal cases at court. If you are a victim of crime you may be called as a witness but will not need your own solicitor to make the case in a criminal trial.

The police will treat a reported crime the same whether or not you have a criminal record. If there are reasonable grounds for them to believe you have been a victim of crime then it will be recorded and investigated to the same standard as any other crime. 

The police cannot detect every crime reported to them. That does not mean it is not worth reporting. Crime reports are used to identify crime levels, crime patterns and the places where crimes are being committed so they can ensure their officers are patrolling in the right areas. Sometimes offenders are brought to justice and charged with earlier offences: if you have not reported the crime then this will not be possible. 

Physical evidence is not always needed from you to investigate a crime. For example, someone may have been arrested in the area for a similar crime, or their may be eye witnesses or other CCTV footage in the area where the crime happened.

For some of the most serious offences it is possible to ask for special measures if you are called to attend court as a witness. These can include screens in the courtroom so you cannot see the defendant or video recorded evidence.

Restorative Justice does not only mean sitting in a room with the offender. It can include reparative acts - for example, paying for damage or writing a letter to the victim. It is best to discuss your concerns with the police and restorative justice service before you make a decision.

If your crime is brought to court and results in a conviction, the court may impose compensation as part of the punishment. You can find out about Compensation in the justice system at GOV.UK (www.gov.uk) 

Some victims of crime violent crimes are eligible for compensation. You can find out more from the Criminal Injuries Compensation Authority - GOV.UK (www.gov.uk)

The support available to you as a victim of crime is based around your needs. Victim Support offer telephone and online chat support to most victims of crime.

If you are a victim of a serious crime then the police will assign a Victim Liaison Officer to support you, and you will be able to access dedicated independent support.

In England and Wales, court cases are heard either in the Magistrates Court or the Crown Court. In the Magistrates Court the case is decided either by a District Judge or a Bench of Magistrates. In Crown Court a judge hears the cases and a jury determines guilt.

You can find out more about the courts here: About Magistrates' courts - Courts and Tribunals Judiciary