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The Legal Process 

No Further Action

Decide not to report it

Sexual Assault Occurs

  Report to Police 

Give a statement of the assault to police.  Usually to a *S.O.C.A. Unit police member or other police person. 

This is followed by a Forensic Medical Examination.  This is conducted by a specially trained local G.P. 

 

A formal statement relating to the incident/s which contains sufficient detail for police to conduct an investigation and prosecute.  

Otherwise, if no further action desired, a statement of no further complaint may be required by police to finalise matter.

Forensic Medical Examination

 

Make Statement of No Further Action* Victim Makes Formal Complaint

Police decide not to proceed Police Investigate and Compile Brief

Offender Charged 

(Plea Bargaining)

Offender Appears In Magistrate's Court and Applies for Bail

Evidence Compiled by Police and *O.P.P.

Decided 'no case to answer' Committal Hearing in Magistrate's Court

Fully contested hearing (witnesses called) or hand-up-brief (no witnesses)
'Not Guilty' Trial in County Court (Judge and Jury)

Pleads guilty (he doesn't give evidence) 

Pleads not guilty (victim gives evidence & is cross examined)

Offender Sentenced

Defendant may choose to

Remain silent;

Make sworn statement;

Give evidence.

 

* Beware - Police may choose to proceed anyway.

*O.P.P. - Office of Public Prosecutions

*S.O.C.A. - Sexual Offences & Child Abuse Unit

 

 
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