As of May 2022, there are no restrictions on what victims of crime can discuss in therapy. Previously, clients were not allowed to discuss the crime itself in therapy sessions.

Victims of crime have the right to access therapy whether a relevant court case is currently taking place, or not.

However, there are certain therapeutic approaches that raise concerns for the legal system. This is due to False Memory Syndrome (something that some therapists do not feel ought to be in the pre-trial guidelines).

So, what is false memory syndrome?

It is the suggestion that the processes involved in certain therapeutic approaches might result in unfounded concerns that are not back up by evidence (as justice system desires). It points towards the potential for therapists to implant false memories whilst using certain approaches. These approaches include:

• Guided Imagery: a relaxation technique where clients are encouraged to use their imagination to focus on peaceful, or positive, mental images.
• Dream Interpretation: a process of assigning meaning to the client’s dreams.
• Free Association: an approach developed by Sigmund Freud where the client speaks freely, with the aim of accessing unconscious thoughts and feelings.
• Hypnotic Age Regression: a hypnotherapy technique where clients are guided through past memories to address unresolved emotional, or traumatic, issues.
• Debriefing: an approach where clients are encouraged to discuss their experiences and express their emotional responses to the relevant events. The expected psychological responses to such events are then discussed in an attempt to normalise the client’s reactions.
• Group Therapy: the guidelines mention specifically group therapy where participants share/repeat their experiences.

I feel it is important to mention here that although the guidelines state concerns regarding these approaches, I (and should hope no other therapist) would ever seek to implant false memories.

Clinical Notes

As a therapist, I am part of the mental health profession, not the legal profession. Therefore, I am not responsible for collecting evidence, and it will never be my intention to do so.

Additionally, nothing within the guidelines states how I am to write my notes. Therefore, if I had to provide my notes, it would simply be bullet points detailing the topics discussed in each session, as opposed to a detailed explanation of the entire conversation.

However, as my client, you would play some part in what is provided. This is because there are certain procedures that must be followed, and actions that are, and are not, allowed to enacted by those within the legal system. These procedures/actions are as follows:

• Reasonable Line of Enquiry: an example of this might be a person having stated that they are having therapy to cope with the impact of a crime at the point of reporting said crime. In this instance the police are at liberty to speak with the client’s counsellor. However, this does not mean that the counsellor will simply provide the information the police are seeking. This will be explain later.
• Speculative Line of Enquiry: an example of this would be a person receiving therapy mentioning the fact whilst providing a statement, without linking it to the crime itself. In this instance the police are NOT at liberty to approach the counsellor in question.
• Requests for Notes and Consent: As part of an enquiry the police might want to request the notes from a clients therapy sessions, assuming it is part of a reasonable line of enquiry. In this instance, the police are required to obtain consent from the client/victim. This will involve the completion of a consent form, which includes a section where the client can chose either a summary, or complete notes, to be provided.
• Court Order: this is a summons issued to the counsellor by the relevant courts. In this instance it is a legal requirement for the counsellor to provide the client’s notes. The client cannot stop this action, and the courts will inform them that they have requested the notes.

In each of these instances, the notes that are to be provided to the courts will be discussed with the client beforehand.

The pretrial guidelines are publicly available. So, if you still have concerns regarding attending therapy to address the impact of a crime, and would like to view the guidelines in full, then please click on the following link:

Pre-Trial Therapy | The Crown Prosecution Service

References

Online events

The Crown Prosecution Service