If you have experienced sexual abuse or sexual violence and are involved in a criminal investigation or court process, you may have questions about accessing counselling and what this means for you.

At SAIL, we believe your wellbeing is important. You do not have to put your emotional support on hold while a criminal investigation or court process is taking place.

This page explains what pre-trial therapy means, what you can expect and how we can support you.

Pre-trial therapy refers to any kind of therapy accessed while a criminal case is:

• Under investigation by the police.
• Awaiting a decision by the Crown Prosecution Service (CPS).
• Awaiting a court date.

What might this mean for my therapy?

Your wellbeing is paramount as you go through this process.

You do not need to wait until a police investigation or court process has finished before accessing therapy. You and your therapist can decide together what type of therapy is most appropriate for you.

You can use your therapy sessions in the way that feels right for you. If you wish to talk about the traumatic experiences you have been through, your therapist will support you.

Are my sessions confidential?

We take your confidentiality and privacy very seriously.

As part of a criminal investigation, the police may seek access to therapy records in certain circumstances.

If your therapy falls under Pre-Trial Therapy Guidance, your therapist will explain what this means and provide you with a Privacy Notice explaining the lawful basis for collecting, holding and using your personal information.

Will the Police automatically see my therapy notes?

No. The police do not automatically have access to your therapy notes.

There are specific criteria and safeguards that must be considered before therapy records can be requested.

These include:

• You should be informed if the police intend to request your therapy notes, and your views should be sought.

• Requests for therapy records should not be routine. There must be a specific and justified reason for requesting information.

• Any request should be clear, relevant and specific, rather than requesting access to all your therapy records.

• We will discuss any request with you and explain what information may be disclosed.

What if I don’t want my notes to be shared?

You have the right to express your views and say that you do not want your therapy notes shared.

Your wishes and feelings are important and will be considered when any request is being reviewed.

In rare and specific circumstances, a court may order the release of information. This is unusual.

What do the Police do with my notes?

If therapy records are lawfully disclosed, they may form part of the evidence gathered during the investigation.

Information may be passed to the Crown Prosecution Service when considering whether charges should be brought.

If a case proceeds to court, disclosed evidence may be available to both the prosecution and defence. This means that, ultimately, information from your therapy records could be seen by the person accused of the offence.

We understand that this may feel worrying. Your therapist will talk through any concerns with you.