Victims of rape and serious sexual assaults who face their cases being dropped by prosecutors will, for the first time, be given the right to have it reviewed by a different prosecutor, as part of the Government’s pledge to halve violence against women and girls and its Plan for Change
Under the current system, criminal cases can be stopped at any point if a prosecutor decides there is no longer a realistic prospect of conviction.
Through the changes announced today, for the first time, survivors of rape or serious sexual abuse will be offered the right for their case to be reviewed by a different prosecutor before any final decisions are made, and if that prosecutor determines there is enough evidence, the case will continue.
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The move will help to restore confidence in the justice system, get victims the answers they deserve and put perpetrators behind bars.
Solicitor General Lucy Rigby KC MP said:
Jade Blue McCrossen-Nethercott, campaigned for a change after the CPS dropped her case by offering no evidence in court. A subsequent VRR said the prosecution should have gone ahead but could not be reinstated.
She said:
Siobhan Blake, CPS lead for rape and Chief Crown Prosecutor of CPS West Midlands said:
The pilot, which launches this week, is starting in the West Midlands, with the intention for it to be rolled out nationwide if found to be successful.
Today’s announcement is just one step in the Government’s commitment to restore confidence in the justice system and protect victims of sexual abuse.
Since coming into office, the Government has already taken immediate action including putting domestic abuse specialists in the first five 999 control rooms under Raneem’s Law, launching new domestic abuse protection orders in select areas, announcing new measures to tackle stalking and investing nearly £20 million in funding for specialist services which support victims of abuse.
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Notes to Editors
When a prosecutor identifies a case which they believe is eligible for the pilot, they escalate to a senior manager and the review timetable will be set and a second reviewer found.
A letter will be sent to the victim letting them know of the proposal to bring to the prosecution to an end and explaining why. They will then be given the chance to have that decision reviewed and given a set period to respond. If they request a review, the aim is that this will be completed within 20 working days.
Where a case does not qualify for the pilot, victims will be still be able to request a review through the standard VRR scheme.
Once a review is complete, a Local Case Management Panel will approve the decision either to proceed with the prosecution or to offer no evidence. The victim will be informed of the final decision.
The pilot, which launches this week, is starting in the Rape and Serious Sexual Offences Unit of CPS West Midlands. The pilot has been designed to assess how the flexibility of offering an earlier review can be operated by the CPS.
Care has also been taken to balance the interests of the victim, the defendant and the prosecutorial independence of CPS. This means that the CPS will decide when its internal review process is complete and when no evidence will be offered.
The pilot also recognises the need to progress the review in a way that maintains fairness to a defendant.
The pilot will run initially for six months with each case in scope evaluated individually before the pilot is evaluated and decisions are taken on next steps.