The Crown Prosecution Service’s role in increasing RASSO prosecutions
This report from the FDA provides analysis from our members in the CPS about the internal and external barriers they face when prosecuting Rape and Serious Sexual Offences (RASSO).
A new report published by the FDA today has found that CPS staff and the courts system they work in are under-resourced, leading to longer backlogs and poorer outcomes for victims of the most serious sexual offences. The report calls for full investment in the courts’ system as well as new ways of working in order to help the government meet its target of halving Violence Against Women and Girls.
The report has also gained widespread support from advocacy groups, charities, think tanks, and professional bodies.
The report contains a survey of CPS prosecutors which has found:
- 92% of staff agreed that current court backlogs inhibit the prosecution of Rape and Serious Sexual Offences.
- 92% of staff agreed that inadequate staffing numbers within the CPS are a barrier to fulfilling their role to the best of their abilities.
- 89% of staff believed that their workload has increased over the last three years, with 86% saying that their current workload was affecting their ability to maintain a work-life balance.
- 74% agreed that issues with technology inhibit their ability to work effectively.
The report comes amid worsening statistics for RASSO victims.
Recent Criminal Bar Association
analysis has found that there are more than 10,500 sexual offence cases outstanding and that the backlog of rape cases is now more than 3,000.
A recent government
data release has RASSO offences taking up to three years from an offence being recorded to a court verdict. For the CPS, specifically, victims are waiting over a year from a police charge to a court verdict.
The report calls for:
- A VAWG and RASSO prevention strategy which includes improving outcomes within the justice system for victims.
- Specialist RASSO courts which include more effective guidance for juries and judges.
- Full commitment to funding the National Operating Model and Operation Soteria.
- A workforce strategy which includes a published long term strategy to recruit additional criminal lawyers, with a particular emphasis on RASSO lawyers.
- Fixing the HMCTS estate.
- Priority listing and guaranteed fixtures for all rape and sexual offence cases.
- Increased support for Victims of RASSO
FDA General Secretary Dave Penman said:
“Against a difficult financial backdrop the government talks of the necessity of making tough choices. However, if they are serious about achieving their mission to halve Violence Against Women and Girls they must listen to the voices of prosecutors and provide adequate funding and improve the organisation of the criminal justice system. This report is clear - without improved resourcing, no government can achieve a significant increase in prosecutions and deliver justice for the victims of these terrible crimes.”
The Crown Prosecution Servi... by Tom
CEO of Rape Crisis England and Wales Ciara Bergman said:
"These findings echo our calls for urgent improvements to the criminal justice system and we particularly welcome recommendations for priority listing of RASSO cases – something we called for in our Breaking Point report last year. We have long highlighted how the unacceptable backlog of cases in the Crown Courts has a devastating impact on victims and survivors and inhibits the prosecution of RASSO cases.
"Victims and survivors are navigating a criminal justice system that is not fit for purpose, as shown in the report, and access to specialist sexual violence support during this time can be life-changing and life-saving. For the government to meet its ambition of halving VAWG in the next decade, we urge them to implement these recommendations and commit to long-term and sustainable funding for specialist support services."
Chair of the Bar Council, Sam Townend KC said:
“The FDA has clearly set out the challenges at the Crown Prosecution Service as seen from the inside. This report is a timely and positive contribution towards understanding and tackling Rape and Serious Sexual Offences. The justice system itself has been woefully underfunded for more than a decade and desperately needs new investment.”
Law Society of England and Wales President, Nick Emmerson, said:
“We agree with many of the FDA report’s recommendations to enable prompt and effective prosecutions of RASSO cases.
“The backlog in the courts is a massive barrier to the timely prosecution of sexual offences. Increased resources for the Crown Prosecution Service and across the criminal justice system are essential to deal with this backlog. The report highlights the urgent need for recruitment of more lawyers to prosecute, which echoes our call for increases in legal aid for those who defend. Without the accused having access to a defence, we no longer have a criminal justice system.”
Joint Litigation Lead at the Centre for Women's Justice, Kate Ellis, said:
"This report from staff working within the CPS provides a valuable insight into the many obstacles, both internal and external, faced by prosecutors who deal with Rape and Serious Sexual Offence cases.
"In our view, the issues identified here speak to a wider picture: an appalling ‘justice gap’ for women and girls who report rape to the police, the vast majority of whom will never even see their cases charged. As well as driving higher numbers of prosecutions, there is so much that could be done even to improve the process for survivors awaiting an outcome: to safeguard their legal rights, their privacy, and their mental health.
"Change is sorely needed. We hope that both the government and the Leadership of the CPS will take heed of the FDA’s recommendations."