Rights after you make your complaint

• If you file a formal criminal complaint with the police, you have a right for that complaint to be acknowledged in writing.
• This means that you must be given a written note which says that you have made a complaint in a language you understand.
• This makes sure that the complaint is or will be filed and acted upon.
• The report of the complaint should include:

1. Facts about the crime
2. Who took the complaint
3. When and where it was made
4. Any damage or injuries recorded

You are entitled to a copy of any statement you make during the course of the investigation.

If a decision is made to stop or not continue the investigation, you should receive a summary of the reasons for this decision.

• There may be a decision not to have a trial.
• For serious crimes, it is the Director of Public Prosecutions (DPP) who decides whether to prosecute or not.
• For less serious crimes, it is the police.
• The decision is based on the public interest and available evidence.
• In deciding whether or not to prosecute, the DPP or the police think about whether the evidence gathered would be likely to secure a conviction (a guilty verdict). The evidence has to convince the judge or jury that the accused is guilty beyond reasonable doubt. If there is any doubt about who committed the crime, the person cannot be convicted. It is a high standard.
  If there is enough evidence to suggest that a conviction is likely, the accused will, most probably then be prosecuted. There must be enough evidence and a public interest in the prosecution.

• If a decision is made not to prosecute the accused you can request a summary of the reasons for this decision.
• You can request a summary of the decision not to prosecute from the police or the Director of Public Prosecutions (DPP).
• After the DPP or the police inform you of their decision to not prosecute a case, you have 28 days to ask for a summary of the reasons why they chose not to prosecute.
• In certain circumstances, you can request the summary of the reasons after 28 days, if you have a good reason and it is in the interests of justice.

• You should also be given information about your right to request a review of the summary of the decision not to prosecute and how to request such a review.
• You will be sent the details of the review when it has been carried out in writing.

If a decision is made that the accused should not be prosecuted but should be dealt with in another way. You should be told.

If a decision is made that the accused is not fit to be tried due to a mental disorder. You should be told.

You are entitled to request information to know if the accused has been charged with a crime and the date of the trial.

You should receive information about the trial including the date and which court it will be in. Sometimes a trial date is set but it has to be put back to a later date. This might happen if there are issues with disclosure of evidence or if the legal teams need more time to go through the evidence.