If you have experienced sexual abuse, domestic abuse, or church-related abuse and have reported this to the police, you may hear the term pre-trial therapy. This can raise questions or concerns, especially during an already difficult time.
This page explains what pre-trial therapy is, what it involves, and what your rights are, based on guidance created to support people going through a criminal investigation.
What does pre-trial therapy mean?
Pre-trial therapy is the therapy you can have between the day the police receive a report about what happened to you and the day a case goes to trial (if it goes to trial at all).
It exists to support your emotional wellbeing while an investigation is ongoing.
Why might pre-trial therapy be helpful?
Pre-trial therapy can offer emotional support during a time that may feel uncertain, stressful, or overwhelming.
It can help you:
- Feel supported while the investigation is ongoing
- Manage difficult emotions or feelings that may come up
- Focus on your wellbeing during a challenging period
Choosing to start therapy is always your choice.
Your wellbeing comes first, and no one else should decide when or whether you begin therapy.
What happens when you start therapy?
When you begin pre-trial therapy, your therapist will:
- Talk with you about what is happening for you emotionally
- Help you manage feelings related to the investigation
- Explain how pre-trial therapy works
You will be asked to sign a client contract. This agreement sets out the main points of how the therapy works. Signing it means you understand and agree to those points.
Your therapist will make short notes after each session. You can ask to read these notes if you want to, so you can check that you feel comfortable with what has been written. Feeling in control of what is recorded is important.
Sometimes, reading notes can be difficult or upsetting. If this happens, your therapist can help you decide how to approach this in a way that feels right for you.
How does pre-trial therapy work alongside a police investigation?
Once a criminal investigation has started, therapists and specialist support services must follow the same national guidelines. These are written by the Crown Prosecution Service (CPS).
If you talk about new information about what happened to you during therapy, your therapist may need to share this with the police.
They may also need to share information if they are concerned that you or someone else is at risk of harm.
Can the police see therapy notes?
The police are not allowed to see all of your therapy notes.
They can only ask for specific information that they believe may help the investigation or gathering of evidence. This is called a reasonable line of enquiry.
If the police or CPS ask to see therapy notes:
- your therapist will ask you first if you want to share them
- you do not have to agree
- your therapist does not have to share them either
Very rarely, if notes are not shared, a crown court can be asked to make a court order. This would require specific information to be shared. In some situations, this could mean that parts of therapy notes are seen in court by the defendant.
For this reason, therapists follow CPS guidance to keep notes brief and to avoid including unnecessary detail.
Who can support you alongside therapy?
Your therapist will talk through all of this with you at your first appointment.
You can also speak to:
- the police officer in charge of your investigation
- your Independent Sexual Violence Adviser (ISVA)
- your victim support service
They can help answer questions and support you to make decisions that feel right for you.
Pre-trial therapy exists to support you.
Your wellbeing matters, and you have the right to ask questions, take your time, and make informed choices about your care.
The post What is Pre-Trial Therapy? was created by First Light.