Pre-trial therapy
The Crown Prosecution Service (CPS) updated its guidance on pre trial therapy in 2022. New national guidance introduced in January 2026 built on this and offered clearer protections around counselling and support.
What is pre-trial therapy?
Pre-trial therapy is any kind of therapy that is accessed while a criminal case is undergoing investigation by the police, awaiting charge by the Crown Prosecution Service (CPS), or awaiting a court date.
What is SARSAS’ approach to pre-trial therapy?
At SARSAS, we encourage people going through the court process to access the support they need and deserve.
If your notes are requested by the police or CPS, we will always contact you to make sure you are aware of the request. You can tell us how you feel about the request, including if you do not want your notes shared. We will offer you the opportunity to view the notes that we hold about you and redact (remove) any personal information (e.g. phone numbers, names) that is not related to you before we arrange to release them to the police or CPS.
Will the police automatically see my counselling notes?
No. Counselling and support notes are confidential and have strong legal protections. They are not shared automatically, and the police do not have a right to your notes just because they ask. Sharing notes is exceptional, not routine.
What if I don’t want my notes to be shared?
That is completely okay. Your views are important and will be taken seriously.
If you tell us you do not want your notes shared:
- This will usually mean we do not share them.
- Your wishes are treated as a strong reason not to share information.
- You are not responsible for the decision or for what happens next.
Your support from SARSAS will continue regardless.
Are there situations where my notes could be shared even if I don’t agree?
Very rarely. Under the law, there are exceptional situations where limited information may need to be shared, even if someone does not want this. This might include:
- a serious risk of harm to you or someone else,
- a court order requiring information to be shared, or
- another clear and serious public‑interest reason.
These situations are uncommon. Most police requests for counselling notes do not meet this high legal threshold.
You can read our full request for notes procedure here.
All our support staff have received training on pre-trial therapy and understand the importance of keeping minimal notes about your sessions.
If you want to speak to someone at SARSAS about pre-trial therapy, please contact us at info@SARSAS.org.uk or by phone on 0117 929 9556 or 01823 324 944.
The Bluestar Project have fantastic resources for individuals and professionals on their website: Pre-Trial Resources – Bluestar Project.
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