When someone becomes a victim of a crime, especially in cases of violence, the psychological and emotional toll can be huge. Victims often face a long and difficult journey, not only coping with the trauma of what has happened but also navigating a legal process that can be complicated and stressful. Fortunately, therapy can play a crucial role in supporting victims through these challenges and helping them reclaim their lives.
For many years, there has been a hesitation around engaging in therapy before legal proceedings have concluded, due to fears that discussing traumatic experiences in therapy might jeopardise the outcome of a criminal trial. Concerns about evidence becoming “tainted” or a criminal conviction failing because of therapy, made some victims reluctant to seek, or therapists reluctant to offer, support.
In 2022, the Crown Prosecution Service (CPS) released new guidelines that have significantly shifted this narrative, offering much-needed hope for victims. The updated guidance recognises the importance of allowing victims to access therapeutic support at any point during legal proceedings, prioritising their health and wellbeing while maintaining the integrity of the legal process. At the Condition Management Company, we are dedicated to ensuring that victims and families, if needed, can access help pre, during or post-trial, without fear or confusion.
One of the key principles of the updated CPS guidance is that a victim's health and wellbeing should be the primary consideration when deciding whether to engage in therapy before, during, or after a trial. The CPS recognises that all victims should be made aware of their right to seek support for their emotional and psychological health at any point during proceedings, and a trial alone should not prevent them from accessing help.
In addition, there may even be significant benefits to starting therapy pre-trial, such as the ability to help victims develop tools to manage intense emotions and memories.
In therapy, we work with clients to help them stay within a "window of tolerance"—an emotional state where they can access painful or challenging thoughts without becoming overwhelmed. We help them to recognise and prevent entering hyperarousal (a state of emotional overwhelm, distress and heightened arousal) or hypo-arousal (a state of shut-down). Learning to recognise the signs of both and be able to regulate emotion to remain within a tolerable window may then help victims to better engage with the often triggering legal and court proceedings that may lie ahead. For example, the ability to give evidence or answer questions in court without being triggered into experiencing flashbacks or dissociation, that could ultimately interrupt the court proceedings.
At the Condition Management Company, we understand that accessing therapy pre-trial requires careful consideration. Here’s how we ensure a smooth and supportive process for victims seeking therapeutic support:
Transparency: We will always be clear about what types of therapy may be right for you. We’ll discuss the implications of each option in detail, allowing you to make an informed decision.
Pre-Therapy Agreement: Before therapy begins, we will take the time to complete a pre-therapy agreement. This outlines what you can expect from therapy, what we expect from you, and sets clear boundaries, so there are no surprises along the way.
Record Keeping: If you decide to access therapy pre-trial, it’s important to understand that our clinical notes and records may be requested as part of the legal proceedings. We will discuss this with you in detail, ensuring you are fully informed about how your records may be used, so you can make an informed choice about continuing with therapy.
Confidentiality: We will respect your privacy and maintain confidentiality throughout the therapeutic process. However, we will explain how any new information you share about the allegation under investigation may need to be recorded and, in some cases, shared with legal authorities. We will always support you in discussing your experiences without leading questions or influencing your recall of events.
The CPS guidelines do recommend that some forms of therapy should be avoided before a trial concludes. For example, group therapy is not recommended pre-trial, as hearing the experiences of others could unintentionally influence a victim’s own recall of events, which might be used against them in court.
At the Condition Management Company, we follow these guidelines closely and will only offer therapy options that are beneficial and align with the CPS recommendations. This includes evidence-based approaches such as Trauma-Focused Cognitive Behaviour Therapy (TF-CBT) and Eye Movement Desensitisation and Reprocessing (EMDR).
The updated CPS guidance is a positive step forward, providing much-needed relief and recognition of the complex needs of victims throughout the legal process. If you or someone you are supporting is considering therapy before a trial, we are here to help you make the right decision for your wellbeing.
At the Condition Management Company, we are committed to working with you at every step, ensuring that you have the information, support, and care you need to move forward in a way that feels right for you.
For more information on accessing pre-trial therapy, visit the CPS website on pre-trial therapy or contact us via our website to book a free 10-minute consultation to explore how we can support you.
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