Survivors of rape and serious sexual assault given the right to have cases reviewed
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.
- New pilot to empower victims by giving them the right to ask for a review if prosecutors plan to drop cases
- Plans will restore confidence in the system and help get victims the justice they deserve
- The changes are one step in the Government’s pledge to halve violence against women and girls in a decade, part of the 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.
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:
This Government is treating violence against women and girls with the seriousness it deserves, committing to halving this horrific crime as part of our Plan for Change.
Part of that is about empowering victims and improving their experience of the criminal justice system. That’s exactly why I have worked with the CPS on a new pilot scheme for victims of rape and serious sexual assault, which will allow victims an enhanced right of review in cases where the CPS intends to offer no evidence, importantly prior to a case being stopped.
Campaigners and experts tell me that this is what they want, and I want to thank them for their advocacy on this vital issue.
There is much more to do. But this is a further step towards the criminal justice system that victims deserve, and one which will ultimately make Britain’s streets safer.
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:
I’m hugely excited about what this pilot could mean for victims, and I hope it proves successful enough to be rolled out across the country. This pilot is a crucial safeguard – one that could have completely changed the outcome in my case, and so many others like it.
I was profoundly failed and let down by how my case was handled, but I’ve since seen people within the CPS who are genuinely working to make it better.
Siobhan Blake, CPS lead for rape and Chief Crown Prosecutor of CPS West Midlands said:
We know for rape victims, the prospect of their case being stopped can be absolutely devastating.
Although they can request a review of our decision making now, if we have already stopped the case in court, there is nothing that can be done to reactivate the case if that review comes to a different conclusion. In those circumstance we offer an apology, but appreciate that for a victim an apology rarely goes far enough or feels like a just outcome.
This pilot offers greater reassurance for victims. It means that they will be alerted to the prospect of their case being stopped earlier, so that they can ask for a review by a different prosecutor. If the original decision is reversed then the case will continue, but even if it can’t, we hope that victims will have more confidence in the process and the earlier scrutiny of our decision making.
Rape cases are incredibly complex and sensitive. We have specially trained prosecutors who do an excellent job building strong cases. This pilot offers an earlier check and balance which provides extra reassurance for victims.
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.
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.