An ambitious plan aims to increase the volume of rape case progressing through the system so that more cases get to court and more convictions through changes in how the police, prosecutors and courts approach investigations. The government aims to reduce the number of victims withdrawing from the process, increase the volumes of trials being heard and protect the public.
Since 2016 cases being referred by the police, charged by the Crown Prosecution Service (CPS) and going to court have been in decline. The plan aims to return the volume of cases to at least 2016 levels by the end of this Parliament, meaning over a thousand more victims will see their cases proceed. Each part of the criminal justice system will be held to account via performance scorecards on key metrics such as timeliness and victim engagement that will be published every six months.
The government's End-to-End Rape Review into how the criminal justice system handles rape was launched after charges, prosecutions and convictions for rape fell over the last 5 years. Sadly, one in 2 victims who report being raped withdraw from the investigation, and ministers have promised to do everything possible to reverse this worrying trend. The government hopes to restore confidence in the system, and have pledged to go even further if there is insufficient improvement.
The Action Plan has been shaped with the help of Emily Hunt who was appointed as an independent advisor by government to ensure that there was a strong advocate for victims at the centre of the rape review.
The review revealed wide-ranging reasons behind the fall in cases reaching court, including:
- a strained relationship between different parts of the system;
- delays in the investigation process;
- a lack of specialist and consistent support for victims;
- and an increase in invasive requests for their personal data.
The reforms seeks to address these issues directly and to increase the number of cases getting to court, without compromising defendants’ right to a fair trial. They include:
Quicker & more sensitive mobile data extraction
- A new 24 hour target for police to extract data from mobiles, shortening the time that victims are without their phones.
- At present, this process can take months, causing distress for victims who are left phoneless at a time when they most need support from friends and family.
- New funding for ‘cyber vans’ that allow devices to be analysed locally and provide ‘swap-out’ phones for victims when it is not possible to return a phone within 24 hours.
- New guidance for the police to ensure any request for information is necessary and proportionate to the investigation, as victims often mention handling of personal data as a reason why they may not pursue their case.
A new approach to investigations
- A greater emphasis on understanding a suspect’s behaviour rather than focusing on a victim’s credibility will be rolled out nationally.
- Pioneered by Avon and Somerset police, this approach partners officers with academics to scrutinise decisions and ensure all reasonable lines of inquiry are explored.
- Understanding the victims’ experience will be paramount, with investigators working closely with Independent Sexual Violence Advisers.
Virtual witness testimony
- Rape victims will be spared the trauma of needing to attend a trial by having their cross-examination video-recorded away from the courtroom.
- A pilot of this provision will be trialled at a further three Crown courts, with government working closely with the judiciary to consider a wider subsequent rollout.
- The measure is already available in all Crown courts for vulnerable victims and witnesses, including children.
The plan details specific actions for each part of the criminal justice system. Other key measures include:
- Publishing regular scorecards including metrics on timeliness, quality of cases and victim engagement to show how the whole criminal justice system is performing – providing transparency and accountability for the first time with an inaugural scorecard due to be published by December.
- Better data extraction technology – enabling up to 10,000 devices each year to be processed at the earliest stages of an investigation.
- Working with the mobile phone industry to support police efforts in providing ‘swap out’ phones for victims where it is not possible to return a phone within 24 hours.
- Launching new ‘Pathfinder Projects’ across four more police forces which allow external scrutiny of police decisions, a more active focus on perpetrators’ offending patterns and drive victim confidence in police and CPS.
- Establishing a culture of more effective joint working between police and CPS so that they can better support victims and build better cases – driving more guilty pleas as defendants realise that conviction is likely.
- The Law Commission will also begin a review into ‘rape myths’ to ensure courts are tackling them at every opportunity while also examining the use of a victims’ sexual history as evidence and whether expert evidence can be used in court to counter misconceptions about rape.
- Pre-recorded cross-examination – which allows victims to provide evidence on video prior to a trial – will be piloted in a further three crown courts with a wider national rollout considered following evaluation of the pilots.
- A ministerial-led criminal justice taskforce has been set up to drive forward these actions. The taskforce will be advised by a Ministerial chaired expert group including representatives from the criminal justice system who will be able to provide valued external scrutiny to, and support of, the implementation of our actions.
Other measures to end violence against women and girls
The announcement follows extensive government action in recent years to protect women and girls from violence. It comes as more than £176 million has been invested into victim services, funding more specialist help such as rape support centres. This includes £27 million to recruit more Independent Sexual Violence and Domestic Abuse advisors who provide advice and support for victims, acting as the link between police, support services and criminal justice agencies. This investment means there is an ISVA support for every victim that wants one.
Meanwhile, a further £2 million has been made available for smaller specialist organisations helping ethnic minority, LGBT or disabled victims with male-specific services benefiting from a 60 per cent funding increase this year.
In addition, the landmark Domestic Abuse Act (2021), introduced a swathe of measures to boost protections for survivors, while clamping down on perpetrators. The government’s Police, Crime, Sentencing and Courts Bill will also see rapists face longer jail terms.
Meanwhile, the courts continue to prioritise urgent cases where there is a risk to the public, such as sexual violence. This is alongside the hundreds of millions the government is investing to help courts recover from the pandemic, deliver swifter justice and support victims.
What will happen at court:
- The Law Commission will begin a review into ‘rape myths’ to ensure courts are tackling them at every opportunity while also examining the use of a victims’ sexual history as evidence and whether expert evidence can be used in court to counter misconceptions about rape.
- Pre-recorded cross-examination – which allows victims to provide evidence on video prior a trial – will be piloted in a further three crown courts with a wider national rollout considered following evaluation of the pilots
