Police Involvement

When investigating offences against children the police may decide that prosecution is not appropriate, and instead refer the case to social workers and the local authority.

 

Who can be charged with child abuse?

Anyone aged 10 or over can be charged however it is very rare that young children are prosecuted.

 

Reporting abuse to police:

When abuse is reported to the police, they will usually tell you about the next step to be taken, and give you contact details for them in case you have further questions. 

 

Will social workers get involved straight away? 

The police have a duty to notify the local authority child protection team when the abuse has been reported. 

 

Will the police prosecute all the time? 

The Police will decide whether to prosecute based upon the facts of the situation. As usual the police are looking for an easy conviction and use a conviction as a threat to those who dare protest their innocence (and police omnipotence). The accused may be “persuaded” to plead guilty (even if they are innocent).

 

Testifying against my abuser? 

If the case goes to court, witnesses and the victim will have to give evidence. A child under 18 years of age and a vulnerable person can request adjustments to be made when giving evidence to make them feel comfortable, such as recording a video submission, or a written statement to avoid facing the accused in court. The witness or child may be asked questions that may be difficult to answer,

 

Will the police get involved even if I don’t want them to? 

If a child is under 18 years of age or lacks mental capacity, the police may have to get involved even if you don’t want them to. The police have a legal duty to share information with the appropriate authorities to ensure a child’s safety, however it is unlikely that the police will force a child to testify against their abuser if they don’t want to.

 

How can the police protect a child?

The police do have the power to take children away from their families in case of emergencies. This can last up to 72 hours and can be done if there is good reason to believe a child is at risk of harm if the child is not removed in those circumstances. 

 

Where will the child be taken?

Children can be removed from the family by the police without court interaction, and the local authority will then be informed before taking responsibility for the child. Once the local authority has undertaken the responsibility of a child they decide if the child can be placed into foster care or with other members of the family.

 

Will the family know where the child is placed?

This depends on whether the police think it safe for the child’s safety.

 

What happens during a police investigation? 

Child abuse allegations are usually dealt with by a specialist child abuse investigation team who may work with the local authority, the child’s school and any other health services to be able to ascertain the facts of the case. They may also wish to speak to the child in question; this can be done with or without parental permission. The specialist team can visit the family home and the place the offence allegedly occurred to search for evidence. Further investigations can also include arranging a medical examination for the child and taking statements from witnesses, or anyone who can become potential witnesses.

 

Medical examinations:

The police may want the child who has potentially been abused to be medically examined, as a child’s social welfare and health is the priority. A child will be provided with medical attention if needed. However, if the child does not need immediate medical attention, Children’s Services need a Court Order or parental consent to get a child to take a medical examination.

 

If the child is older, the doctor carrying out the medical examination will need to be satisfied that the child can give consent to be medically examined. As a parent, if you do not want Children’s Services taking your child to a doctor you can schedule the child’s GP to carry out the examination. 

 

The police and social workers may attend the medical examination along with the parents of the child, and the doctor carrying out the examination will make a report of any injuries. They may arrange to take any photographs if necessary. It is advised the parent do agree to cooperate with allowing the medical examination to be carried out as denying parental consent can result in court proceedings. 

 

Statements 

The police may ask anyone who claims that they witnessed the abuse to make a statement, these may be written; however, children’s statements can be taken by interviewing in a special room with recording equipment. 

 

Who is allowed in a child’s interview?

A social worker will often be present and if they have specialist training, they may conduct the interview.

 

Can a child be told about other allegations made about the suspect?

The child can be told that other people have come forward with allegations about the suspect in question but this should usually be done after the child has given their statement. However personal details such as names and ages should usually remain anonymous from each other to protect the other victims who have come forward with reports of abuse against the suspect. 

 

What happens after the investigation is conducted? 

Once the allegations of child abuse have been investigated and the police have gathered all the relevant information, they will decide if there is enough evidence for a prosecution. If there is enough evidence to prosecute, the police will pass all the relevant information and evidence to the Crown Prosecution Service (CPS).

 

What will Crown Prosecution Service (CPS) do? 

With such cases, the CPS must look at all the relevant evidence provided and decide if there is a realistic prospect of conviction and if it is in the public’s interest to persecute. Witnesses and victims should be offered support throughout the whole process. CPS guidelines state that victims and witnesses should be made aware from the beginning of the investigation that they are expected to go to court to give evidence. Further CPS guidelines can be found using the link below. https://www.cps.gov.uk/legal-guidance/child-sexual-abuse-guidelines-prosecuting-cases-child-sexual-abuse 

 

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