Pre Trial Therapy

Crown Prosecution Service (CPS) Fundamental Principles:

• The health and wellbeing of the victim should always be the determinative factor in whether, when and with whom they seek pre-trial therapy.
• It is for the victim to make decisions about therapy with their therapist, including what type of therapy is obtained and when that therapy is obtained. Criminal justice practitioners should play no role in the decision-making process beyond alerting victims to the availability of therapy.
• It is paramount that all victims are aware that they can access therapy to ensure that their emotional and psychological needs are met before, during and after any potential trial. There is no requirement to delay therapy on account of an ongoing police investigation or prosecution.

Pre-Trial Therapy | The Crown Prosecution Service (cps.gov.uk)

I have an open Police Investigation.  What do I need to be aware of?

• You will need to inform the police that you are engaging in therapy.
• The police will then inform the Crown Prosecution Service (CPS)
• Police or CPS may request your counselling notes at any time, however, before the police are able to view the notes of therapy sessions and take copies of any material which may be relevant to the investigation, they must first obtain your consent to do so.
• In addition, Police should only request disclosure where there is a reasonable line of enquiry based on specific facts of the case and Police need to clearly evidence this reasonable line before any notes are shared.
• Notes written by Therapists are brief and factual in line with RASASC NW’s Note Taking Policy and Procedure
• Please refer to our Confidentiality and GDPR Statement for further information about your Rights when it comes to your Data.

What can I talk about in therapy?

• Traumatic event(s) that have happened to you.
• Your feelings about the event(s)
• The impact the event(s) have had on your life.
• Your feelings about the experience of being a witness in court.
• How you feel about yourself, your self-esteem and confidence
• Anything else about yourself and your life

What should we avoid talking about in therapy?

• Your therapist will not ask any leading questions or use investigative questioning.
• You should not practise what to say in court.
• You should not share with the therapist any of what you have said in your police statement.

Remember, you have every right to access therapy before, during and after any potential trial and here at RASASC, we are here to support you in whatever way suits you and your needs.   Please don’t hesitate to ask your therapist or a member of staff should you have any questions or concerns about accessing pre-trial therapy.