Yahoo Finance Viable rape prosecutions ‘dropped thanks to CPS conviction target’, campaigners tell High Court
Viable rape prosecutions were abandoned by the CPS after a change in approach to try to secure a higher conviction rate, campaigners told the High Court today.
The Centre for Women’s Justice (CWJ) and End Violence Against Women (EVAW) coalition claims prosecutors were left in a “mess” when a target of convictions in 60 per cent of rape cases was introduced in 2016.
Director of Public Prosecutions at the time, Alison Levitt QC, toured the country pressing home a “fundamentally different approach” to alleged rapes, the group says, linking it to a decline in the number of cases being charged between 2016 and 2018.
Phillipa Kaufmann QC, representing campaigners, told a High Court judicial review hearing this morning there was a 45 per cent drop in rape cases being charged between 2017 and 2018.
She said it had previously been “drummed into” prosecutors to take a "merits-based approach" when assessing whether to charge each rape case, but reference to this was removed from new training materials.
“From September 2016, the DPP decided to take a fundamentally different approach”, said Ms Kaufmann. “She decided to do away altogether with the merits-based approach.”
She argued the combination of the shift in language and the conviction target created a “messy, muddy confusion” for prosecutors around the country.
“It gave out the message they should be reaching that target, something was wrong with their decision making because they were not reaching that target”, said Ms Kaufmann.
“The message obviously carried a risk of some prosecutors ending up thinking the merits-based approach doesn’t apply, that they have been mis-applying the test because they haven’t been getting enough convictions.
“You ended up with the risk of prosecutors not prosecuting cases that do meet the full code test.”
The CPS is defending the judicial review proceedings, arguing there was no fundamental change in its approach to rape cases.
“Our skilled prosecutors are experienced and highly trained to make sure criminals can be brought to justice”, a spokesperson said ahead of the hearing.
“No matter how challenging the case, whenever our legal test is met, we always seek to charge.
“Independent inspectors have found no evidence of a risk averse approach and have reported a clear improvement in the quality of our legal decision making in rape cases.
“The principles of the merits-based approach are enshrined in the Code for Crown Prosecutors, which guides every charging decision.
“Along with the police, we remain committed to making real, lasting improvements to how these horrific offences are handled, so every victim will feel able to come forward with confidence that their complaint will be fully investigated and, where the evidence supports, charged and prosecuted.”
Ms Kaufmann hailed the “tremendous” work of the CPS between 2010 and 2016 in boosting the number of rape allegations that led to criminal charges, and accepted work has been done since 2018 to improve the situation.
But she said the legal challenge remained important in assessing if the CPS and the Director of Public Prosecution acted unlawfully when handling rape cases during that period.
“This is an exceptionally sensitive area, where what the DPP does has massive repercussions for women and their confidence”, she said.
“It’s an offence which historically has been appallingly under prosecuted, which has resulted historically in very few convictions, and which has given rise periodically to very grave public concern.”
CPS figures published last July showed the number of completed rape prosecutions in England and Wales reached a record low in 2019/20, with 2,102 prosecutions, compared to 3,034 in 2018/19, a fall of around 31 per cent.
Lord Chief Justice Lord Burnett of Maldon, Lord Justice Holroyde and Lady Justice Elisabeth Laing will hear the judicial review over the next two days.
