Pre-Trial therapy

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Introduction

Pre-trial therapy means having counselling or therapy while a police investigation or court case is ongoing. It is there to help you take care of your emotional wellbeing, not to talk about or rehearse evidence.

If you’ve reported a crime to the police — especially sexual violence or abuse — you may be called a vulnerable witness. This means the police and the Crown Prosecution Service (CPS) recognise that the process can be difficult, and you should get the right support.

The CPS has made it clear that:

“Therapy should not be delayed for any reason connected with a criminal investigation or prosecution.”
— Crown Prosecution Service, Pre-Trial Therapy Guidance (2022)
 

That means you don’t have to wait until after the trial to get support.

Pre-trial therapy is a safe space for you to:

• Talk about how what happened is affecting you now
   
• Get support with feelings like anxiety, panic, shame, anger or sadness
   
• Learn tools to help with sleep, flashbacks, or self-care
   
• Build confidence and resilience
   
• Prepare emotionally for the court process
   

You can talk about how the experience has impacted your life, but we’ll avoid detailed conversations about the facts of the case or anything that could affect your evidence.

To protect the legal process, there are a few things we’ll avoid:

• Going over or re-telling your detailed account of what happened
   
• Talking about what you said (or didn’t say) to the police
   
• Practising what you might say in court (“rehearsing” or “coaching”)
   
• Exploring reasons behind the offender’s actions or motivations
   
• Using techniques that could change or blur memories (like hypnosis or regression)
   

These limits are there to protect both you and your case. They don’t mean we can’t talk about how you feel, what’s difficult right now, or how to manage symptoms — those are central to the work.

Everything you say in therapy is confidential unless there’s a legal or safety reason to share it — for example, if there’s a serious risk of harm to you or someone else.

However, in pre-trial cases there are a few extra rules:

• The police, CPS, defence, or court may sometimes ask to see therapy notes.
   
• They can only do this if it’s part of a “reasonable line of enquiry” — in other words, if they have a good legal reason to believe the notes might contain something important for the case.
   
• Your consent should always be sought before sharing notes. In rare cases, a court might order disclosure without your consent.
   
• Notes are written carefully, kept brief and factual, and always record that the details of the alleged offence have not been discussed.
   

Requests for therapy notes are rare. The CPS guidance says:

“Therapy records should only be sought when it is necessary, proportionate and relevant to a reasonable line of enquiry.”
— Crown Prosecution Service, Pre-Trial Therapy Guidance (2022)
 

You may have contact with:

• The Police or Officer in Charge (OIC) – who leads the investigation
   
• The Crown Prosecution Service (CPS) – who make decisions about the case
   
• Your solicitor or barrister – who supports your legal interests
   
• An ISVA (Independent Sexual Violence Adviser) – who can help with court and support services
   

With your consent, your therapist can liaise with these professionals so everyone understands the boundaries of pre-trial therapy.

When the investigation or court case is over, the restrictions of pre-trial therapy no longer apply. You can then choose to continue therapy in the usual way, where we can explore the events in more detail and work through the trauma at a deeper level.

• You do not need to delay therapy while waiting for a trial.
   
• You can talk about how the situation is affecting you, but not rehearse your evidence.
   
• Therapy notes are private and will only be shared if it’s legally necessary.
   
• Therapy is there to support your wellbeing, not to investigate the crime.
   
• You are in control of what you want from your sessions.

If you feel this is a service you need, please do reach out and get in touch. liz@lizwhiteleycounselling.com or call 07388462807 for more information. 

References

Crown Prosecution Service (CPS)

• Pre-Trial Therapy: Guidance on Provision of Therapy for Victims and Witnesses Prior to a Criminal Trial (updated November 2022).
  https://www.cps.gov.uk/legal-guidance/pre-trial-therapy
   
• Achieving Best Evidence in Criminal Proceedings: Guidance on interviewing victims and witnesses, and guidance on using special measures (2022).
  https://www.cps.gov.uk/publication/achieving-best-evidence-criminal-proceedings
   

Ministry of Justice (MoJ)

• Code of Practice for Victims of Crime in England and Wales (Victims’ Code) (2020).
  https://www.gov.uk/government/publications/the-code-of-practice-for-victims-of-crime
   

British Association for Counselling and Psychotherapy (BACP)

• Pre-Trial Therapy and Counselling: Information for Therapists and Clients (BACP, 2022).
  https://www.bacp.co.uk
   

FearFree (formerly FearLess)

• Understanding Pre-Trial Therapy: Summary of CPS 2022 Guidance (FearFree, 2023).
  https://www.fearfree.org.uk/pre-trial-therapy
   

Bluestar Project

• Pre-Trial Therapy Protocol: Guidance for Counsellors, Therapists, and ISVAs (Bluestar Project, 2022).
  https://www.bluestarproject.co.uk/resources
   

PESI UK (Psychological Expertise Solutions International)

• Understanding the Revised CPS Guidance on Pre-Trial Therapy (Blog article, PESI, 2022).
  https://www.pesi.co.uk/blogs/pre-trial-therapy-understanding-the-revised-guidel
   

CARA (Centre for Action on Rape and Abuse)

• Pre-Trial Therapy Information and Guidance for Survivors (CARA, 2023).
  https://caraessex.org.uk/pretrialtherapy.php
   

StopSO – The Specialist Treatment Organisation for the Prevention of Sexual Offending

• Therapeutic Work and Legal Processes: Guidance on Working with Clients in the Justice System (StopSO, 2023).
  https://stopso.org.uk
   

Dean Richardson Counselling (2019)

• Understanding Pre-Trial Counselling
  https://havantcounselling.com/counselling/pre-trial-counselling
   

The Life Centre (UK)

• Pre-Trial Therapy Policy (Example)
  https://lifecentre.uk.com/how-we-work/our-policies/pre-trial-therapy-policy/