HM Crown Prosecution Inspectorate (HMCPSI) has today published the findings of its inspection which aimed to shed light on why there has been a fall in rape prosecutions and whether the Crown Prosecution Service (CPS) was to blame.

Since HMCPSI last inspected CPS Rape and Serious Sexual Offences (RASSO) Units in 2016 there has been a substantial increase in the number of allegations of rape and yet the number of rape prosecutions has fallen significantly. This is a matter of serious concern. The headline figures suggest that the CPS is prosecuting fewer cases, but the results of the independent review show that the reasons for the reduction in rape prosecutions are not straightforward.

The key findings of the inspection were:

• Since 2016, the number of cases prosecuted by the CPS has fallen by 52%. This is despite the fact that there has been a 43% rise in the number of rape allegations to the police.
• But there has been a 23% fall in the number of cases referred to the CPS for a decision by the police. This reduction means that while reports of rape to the police have nearly doubled, a significant number of these cases have not been referred to the CPS.
• Nearly a third of all the cases which the CPS received from the police were ‘admin finalised’. These are cases which are sent back by the CPS to the police for further investigation.
• There have been concerns that the CPS were only charging easy cases where a conviction was more likely, rather than applying the appropriate legal test (known as the Code for Crown Prosecutors). That view is not supported by the findings from this inspection.
• CPS has improved its application of the Code for Crown Prosecutors – the test for prosecutions: in the 2016 inspection there was a 10% failure rate but in this inspection there was a 2% failure rate.

There is also evidence that more victims are withdrawing their allegations before the police can refer their case to the CPS for a prosecution decision – the Victims’ Commissioner for London found that this figure was as high as 58%. This report highlights that only 8% of reported rape allegations are referred to the CPS by the police.

Notably, the police and CPS have both seen significant reductions in their resources. RASSO units are undoubtedly stretched. In our survey, half of CPS managers said that their unit was not staffed to the level set by the organisation’s guidelines.

Cases have also become more complex, due to an increase in the evidential importance of digital media from mobile phones and social media – which can take longer for the police to progress. To improve how the police handle this evidence, it is clear there needs to be better communication between the police and the CPS. CPS headquarters should provide national information on what data can be obtained from different digital devices and social media platforms. This should improve the delays in processing complex evidence.

Commenting on the findings, HM Chief Inspector, Kevin McGinty said:

“Since 2016 there has been a substantial increase in rape allegations, while the number of rape prosecutions has fallen significantly – which indicates there is a serious problem.

The CPS has been accused of only choosing easy cases to prosecute, but we found no evidence of that in our report. While the CPS needs to improve the way it works with the police, the CPS is only a small part of a larger systemic problem in the criminal justice process in dealing with complex cases.

More work is needed to investigate the discrepancy between the number of cases reported and the number of cases prosecuted by the CPS. This is a matter for the Government to consider in its Violence against Women and Girls (VAWG) strategy.”

Notes to editors:

1. A copy of the report is attached. Embargoed to 00.01 on 17 December.
2. This inspection was requested by the Attorney General to provide an independent assessment of why with a substantial increase in the number of allegations of rape reported to the police there had been a significant reduction in the number of successful prosecutions.
3. The report sets out the findings from an assessment of 450 rape flagged cases; 200 cases which were ‘admin finalised’ and 250 cases split equally between charges and CPS No Further Action (NFA) decisions.
4. The inspection was undertaken to provide evidence to support the wider cross-departmental Violence against Women and Girls (VAWG) strategy, under the auspices of the National Criminal Justice Board commissioned review into the criminal justice response to adult rape and serious sexual offences across England and Wales.
5. In year ending March 2019 there were 58,657 allegations of rape and 1,925 successful prosecutions for the offence.

The HMCPSI report on the CPS rape and serious sexual offences units was published in February 2016, and provides a baseline for this report. https://www.justiceinspectorates.gov.uk/hmcpsi/inspections/thematic-review-of-the-cps-rape-and-serious-sexual-offences-units/

 

Rape inspection 2019 (2 MB)