Legal System


Reporting the Crime
The Court Process - getting there
Precognition Interviews
Going to Court
Publicity
Personal Safety
Compensation


Reporting The Crime
The police want people to report these crimes so they can find the offenders and possibly prevent further attacks. Deciding to report it is a big step but if you do these are some of the things that will happen:


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Getting to Court
Many victims are not legally represented at trial but you can take a friend/volunteer with you at each stage. The Prosecutor Fiscal will decide if the individual will be prosecuted or not. If there is insufficient evidence, for instance, it will not go ahead. You can ask to be told if it is decided not to. At the first court appearance the judge will decide whether the accused will be released on bail or kept in custody. You should tell the police or Prosecutor Fiscal if you have any fears about the accused being released. Special conditions may be attatched to their bail to protect you.


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Precognition Interviews
In cases of rape/sexual assault the fiscal will usually interview you personally. You will get a form/letter asking you to attend. The name of the fiscal/precognition officer you will see is given at the foot of the form/letter.

The precognition allows the fiscal to grow through the evidence in detail again. You can ask them anything about the case. If there is a prosecution you may have to wait up to a year for the trial if the accused is on bail, less if in custody. The defence are entitled to interview you at this stage. You can ask for support and information for it.

The accused can plead guilty at any stage. If so, you will not need to go to court. You can ask the fiscal when the case will be.


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At Court
If the accused pleads guilty, everyone will prepare for the trial. You can ask for help to familiarise yourself with the setting and procedures.

During the trial the judge and jury will hear evidence from the prosecution. When you are called, you will be asked questions by the prosecuting laywer, the Prosecutor Fiscal in the Sheriff Court, the Advocate Deputy in the High Court - and then cross-examined by the defence laywer. The judge may also ask questions. You will not be asked about your sexual past unless the judge is satisfied it is relevant

After you have given evidence, you can stay or leave. You will be told the verdict and sentence either way. You can claim expenses for travel, subsistence, childcare arrangements and loss of earnings for the time at court.


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Publicity
If the case is given to the media, they will not disclose your identity. They may give details of the attack. If the case goes to trial, the police will clear members of the public from the court so you may give evidence in private.


Personal Safety
Support can be asked for and given. If you experience any harrasment/intimidation because of the attack, tell supprt agencies or the police. Carry a personal alarm and seek home security.


Compensation
If you have reported the crime you may be eligible for compensation. Victim support or other agencies can help you with your application. You can get application forms from:


The Criminal Injuries Compensation Board
Whittington House
19 Alfred Place
London
WC1 7LG.
TEL: 0171-636 9501


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