Will Your Case Go To Court?

In such cases, the police or PPS will consider your views.

You will be informed of a decision to give the suspect an alternative to prosecution: a caution, an informed warning, or a youth conference.

If a decision is taken by the PPS not to prosecute through the courts, the Victim and Witness Care Unit will inform you why this decision was made and will tell you how you can access further information.  They can also help you to seek a review of the decision if you are dissatisfied.

You may feel upset or annoyed that your case is not going to court.  If you experience these feelings, you can contact Victim Support NI for help and advice.

If a decision is made to prosecute, the police may arrest and charge the suspect.  The PPS will review the charge before the first court appearance.  The defendant can be held in police custody overnight and brought to the first available court, where the court will then have to consider the issue of bail.  Alternatively, they may be released on police bail to appear before court on a stated date within 28 days of the charge.

The defendant’s first appearance in court normally takes place at Magistrates’ Court, where the District Judge will consider the issue of bail, and will also look at how to proceed with the case.  The prosecutor may ask the court to keep someone in custody if they consider there is a risk of them running away, interfering with or threatening witnesses or perverting the course of justice, committing further offences, or if they would be a threat to public order.

A case may also begin by way of a summons.  A summons is an order to appear before a judge or a magistrate.  If the case begins by way of a summons, this is issued by the PPS and is served on the defendant.  They will be required to attend court on the date stated on the summons.

In some cases, a decision may be taken not to proceed with the original charge, or to accept a plea to a less serious offence.  This may happen if the available evidence has changed, or a significant public interest consideration has arisen.  While the PPS should try to explain these cases to you in advance, and take your views into consideration, this will not always be possible, and where this occurs on the day of a hearing or trial, prosecution counsel should try to advise you of this where possible.  Your VWCU case worker should also keep you updated on the outcome of the first hearing.