Sexual Offence Allegations: Understanding the Police Investigation and Court Process

Sexual offence allegations are among the most serious matters investigated by police. Being arrested or invited to attend a voluntary police interview can be extremely stressful and confusing. Allegations of this nature can have immediate consequences and may affect a person’s reputation, employment, and personal life long before any court decision is made.

If you are under investigation for a sexual offence, seeking early legal advice is essential. Understanding the legal process can help you make informed decisions and protect your rights.

How Sexual Offence Allegations Are Reported to Police

Sexual offence allegations are usually reported directly to police by the complainant. However, reports are often made by third parties, such as:

• Schools reporting concerns on behalf of a student

• Friends or family members contacting police

• Social services making a safeguarding referral

Once a report is made, police assess whether an immediate response is required. If the alleged incident happened recently, officers may gather early evidence and arrange a forensic medical examination at a Sexual Assault Referral Centre.

Will You Be Arrested for a Sexual Allegation?

Police must consider safeguarding responsibilities and whether arrest is necessary.

An arrest may take place if police believe it is required to:

• Allow a prompt and effective investigation

• Prevent further harm

• Protect evidence

• Safeguard the complainant

For historic sexual offence allegations, police may instead arrange a voluntary police interview.

Voluntary Police Interviews in Sexual Offence Investigations

A voluntary interview involves attending a police station by appointment. Although less formal than arrest, the interview is still conducted under caution and recorded.

Anything said during the interview may be used in evidence in criminal proceedings. For this reason, legal representation is strongly recommended before answering police questions.

In some cases, a solicitor may receive limited information about the allegation in advance of the interview.

What Happens After Arrest?

If arrested under the Police and Criminal Evidence Act 1984 (PACE), police must explain:

• Who they are

• Why the arrest is being made

• Why arrest is necessary

• The suspected offence

The individual will be taken to a police station and booked into custody.

Suspects have important legal rights, including:

• Free and independent legal advice

• Having someone informed of the arrest

• Access to police codes of practice

Police interviews under caution should generally not take place until legal advice has been obtained.

Can Police Seize Mobile Phones and Computers?

Police can seize phones, computers, and other digital devices if they believe they may contain evidence relevant to the investigation.

Digital forensics examinations often take significant time due to national backlogs. Investigations involving electronic devices can therefore take many months.

Police may ask for passwords during interview. Legal advice should be obtained before responding to such requests.

What Is an ABE Interview?

In sexual offence cases, the complainant usually provides a recorded statement called an Achieving Best Evidence (ABE) interview. This is a detailed account of the allegation recorded by specially trained officers.

Sometimes the suspect is interviewed before the ABE interview has taken place. If new evidence emerges, police may request a further interview at a later date.

Bail or Release Under Investigation (RUI)

After interview, police must decide whether to release the suspect on police bail or release under investigation (RUI).

Police Bail

Police bail usually requires the suspect to return to the police station at a later date. Bail conditions may include:

• No contact with the complainant or witnesses

• Travel restrictions

• Reporting to a police station

• Limits on internet or social media use

These conditions can affect daily life and employment.

Release Under Investigation

Release under investigation means the investigation continues without conditions or a set return date. Cases can remain under investigation for months or even years.

CPS Charging Decisions in Sexual Offence Cases

At the conclusion of a police investigation, evidence is sent to the Crown Prosecution Service (CPS).

The CPS decides whether to bring charges by applying two tests:

• Is there a realistic prospect of conviction?

• Is prosecution in the public interest?

Possible outcomes include:

• Charge

• No Further Action (NFA)

• Out-of-court disposal

Court Process for Sexual Offence Charges

If charged with a sexual offence, the case begins in the Magistrates’ Court before being sent to the Crown Court.

The Crown Court will hold a Plea and Trial Preparation Hearing (PTPH), where:

• A plea is entered or confirmed

• A trial date is set

• Preparation deadlines are established

After trial, the outcome will be either:

• Not guilty (acquittal), or

• Guilty (conviction)

If convicted, sentencing guidelines apply. Courts may also impose additional orders, such as Sexual Harm Prevention Orders (SHPOs).

Why Early Legal Advice Is Important

Being investigated for a sexual offence can be overwhelming and isolating. Even before any charging decision is made, allegations can significantly affect a person’s life.

Early legal advice can help:

• Protect legal rights during police investigation

• Ensure proper preparation for interview

• Identify defence strategies at an early stage

• Provide reassurance and guidance throughout the process

Understanding the investigation and court process can reduce uncertainty and help individuals make informed decisions.