If you are going through a police investigation after experiencing abuse, it’s normal to have questions about therapy and whether it could affect your case.

This page explains pre-trial therapy in a clear and simple way, so you can understand your options and feel more in control.

Do I have the right to therapy during an investigation?

Yes.

You can choose to start therapy:

• Before a case goes to trial
• While a case is ongoing
• After the criminal justice process

This decision is always yours.
The police and the Crown Prosecution Service (CPS) should not decide this for you.

Therapy can help support your emotional wellbeing and help you cope with both what happened and the impact of the justice process.

Why is it called “pre-trial” therapy?

It is called pre-trial therapy because it happens while a criminal case is still being investigated.

During this time:

• Therapists must follow CPS guidelines
• Therapy is focused on emotional support, not evidence-gathering

You are allowed to talk about the incident in therapy if you want to.

However, it’s important to know that:

• If you share new information, it may need to be passed on if notes are requested
• Information may also be shared if there is a concern about someone being at risk of harm

Will the police automatically see my therapy notes?

No.

The police:

• Cannot see all of your notes
• Can only ask for very specific information
• Must show that it relates directly to the investigation

This is known as a reasonable line of enquiry.

If the police ask for notes:

• Your therapist will always speak to you first
• You do not have to agree to share them
• The therapy service does not have to share them unless required by a court

If anything is shared, you will be:

• Offered the chance to read it first
• Given a copy of what is sent

What happens if I say no to sharing my notes?

This very rarely happens, but it’s important to understand the possibility.

If notes are not shared:

• The Crown Court may later issue a court order
• This could require limited information to be disclosed
• In rare cases, parts of notes could be seen by the defence

Because of this risk, therapists:

• Keep notes short
• Avoid unnecessary detail
• Follow CPS guidance carefully

What should I expect when I start therapy?

At your first appointment:

• Your therapist will explain how pre-trial therapy works
• You will be asked to sign a Client Contract confirming your understanding

Your therapist should:

• Offer you the option to read your notes
• Support you if reading them feels difficult
• Work with you in a way that feels right for you

Who can help me understand this better?

You don’t have to do this alone.

You can talk to:

• Your therapist
• Other staff from the support service you are using
• The officer in charge of your investigation (OIC)
• An Independent Sexual Violence Adviser (ISVA)
• Victim support services

They can help answer questions and support you to make informed choices.

Pre-trial therapy exists to support you, not the investigation.
You have the right to ask questions, take your time, and prioritise your wellbeing.

The post Commonly ask questions about Pre-Trial Therapy was created by First Light.