Under the current legal framework, criminal cases can be discontinued at any stage if a prosecutor deems that there is no longer a realistic prospect of conviction
The government has announced a groundbreaking pilot scheme aimed at empowering victims of rape and serious sexual abuse by giving them the right to request a review if prosecutors plan to drop their cases. This initiative is part of the Government’s broader commitment to halve violence against women and girls within a decade, as outlined in their Plan for Change. The move is expected to restore public confidence in the justice system and ensure that survivors receive the justice they deserve.
Under the current legal framework, criminal cases can be discontinued at any stage if a prosecutor deems that there is no longer a realistic prospect of conviction. This has often left victims feeling powerless and disillusioned with the system. However, the new pilot scheme will offer survivors an unprecedented opportunity to have their cases reviewed by a different prosecutor before any final decisions are made. If the reviewing prosecutor determines that there is sufficient evidence, the case will continue.
Solicitor General Lucy Rigby KC MP emphasised the importance of this initiative, stating, “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 have welcomed the move, highlighting its potential to bring about significant change. Jade Blue McCrossen-Nethercott, who campaigned for a change after her case was dropped by the CPS due to a lack of evidence, expressed her excitement about the pilot. 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, acknowledged the devastating impact that case discontinuation can have on victims. She explained, “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 circumstances, we offer an apology, but appreciate that for a victim, an apology rarely goes far enough or feels like a just outcome.”
The pilot scheme, which launches this week in the West Midlands, is designed to provide greater reassurance for victims. Blake added, “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 will initially run for six months in the Rape and Serious Sexual Offences Unit of CPS West Midlands. Each case will be evaluated individually before the pilot is assessed and decisions are taken on next steps. The scheme has been carefully designed to balance the interests of the victim, the defendant, and the prosecutorial independence of the CPS. This means that the CPS will decide when its internal review process is complete and when no evidence will be offered.
When a prosecutor identifies a case eligible for the pilot, they will escalate it to a senior manager. A review timetable will be set, and a second reviewer will be found. A letter will be sent to the victim, informing them of the proposal to end the prosecution and explaining the reasons. Victims will then have the opportunity to request a review within a set period. If a review is requested, the aim is to complete it within 20 working days.
Where a case does not qualify for the pilot, victims will still be able to request a review through the standard Victims’ Right to Review (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 launch of this pilot scheme is just one step in the Government’s ongoing commitment to restore confidence in the justice system and protect victims of sexual abuse. Since coming into office, the Government has 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 that support victims of abuse. The pilot scheme is expected to bring about significant improvements in the way rape and serious sexual abuse cases are handled, ultimately making Britain’s streets safer.
