Recommendations & Conclusions
14 items
1
Conclusion
Eighth Report - Investigation and prose…
Accepted
Exceptionally low volumes of rape charges and prosecutions are unacceptable. Adult victims and survivors of rape are being failed by our criminal justice system. Rape is undoubtedly a complex, difficult and traumatic crime to investigate and prosecute successfully. However, that complexity does not fully explain the unacceptably low volumes of …
Government response. The government acknowledges the unacceptably low volumes of rape prosecutions, announcing the expansion of Operation Soteria into 14 more police force areas. It commits to continued publication of progress updates and data dashboards, and to writing to the Committee every …
Home Office
11
Recommendation
Eighth Report - Investigation and prose…
Accepted
It is clear that the way the police respond to reports of rape is vital when it comes to increasing the volumes of rape charges and prosecutions. We welcome the focus on improving these volumes, for example through the Police-CPS Joint National RASSO (Rape and Serious Sexual Offences) Action Plan …
Government response. The government committed an additional £5 million this financial year to continue Operation Soteria in five pathfinder forces and expand it to a further 14 police force and CPS areas, with the aim of developing a new national operating model …
Home Office
12
Recommendation
Eighth Report - Investigation and prose…
Accepted
In the next Rape Review Progress Update, the Government must provide an update on Operation Soteria, outlining the 14 police forces and corresponding CPS areas that will be taking part next, as well as the funding available for that expansion, and why that is sufficient. The Government must also provide …
Government response. The government has accepted the recommendation, committing an additional £5 million this financial year to expand Operation Soteria into 14 more police force and CPS areas, with a new national operating model due in June 2023.
Home Office
19
Conclusion
Eighth Report - Investigation and prose…
Accepted
Although we support the Government’s upcoming consultation with victims’ groups on enhancing support and legal advice for victims on disclosure decisions, we have concerns that the Government is not placing a high priority on the question of legal advice for victims, despite what appear to be clear benefits.
Government response. The government committed to addressing inconsistent pre-trial therapy, launched a draft Victims Bill requiring integrated support commissioning, published a Victims Funding Strategy for multi-year funding, announced £6.6m in additional funding for support services and training, and launched a consultation on …
Home Office
23
Conclusion
Eighth Report - Investigation and prose…
Accepted
The role of the CPS is instrumental when it comes to increasing the volume of rape prosecutions and bringing more perpetrators to justice if guilty, as well as improving victims’ experiences of the criminal justice system. (Paragraph 136) 80 Investigation and prosecution of rape
Government response. The government committed to improving victim experience and evidence quality by updating CPS guidance on special measures (Section 25), commencing automatic eligibility for special measures under the Domestic Abuse Act 2021, sharing a 'Best Practice Framework' with Crown Courts, and …
Home Office
25
Recommendation
Eighth Report - Investigation and prose…
Accepted
Given some victims and survivors’ negative experiences of the Victims’ Right to Review Scheme, we agree with Rape Crisis England and Wales that the Government require the police and the CPS to publish data covering how many cases are submitted for review, how many decisions are upheld and how many …
Government response. The CPS already publishes annual data on VRR receipts and outcomes broken down by principal offence category. They are working to enhance VRR data and plan to publish it more frequently in the next financial year, but do not specifically …
Home Office
26
Conclusion
Eighth Report - Investigation and prose…
Accepted
We were particularly concerned to hear that victims and survivors of rape may feel they need to—or are advised to—put off accessing mental health support as they fear that their counselling or therapy notes and records could be disclosed to the defence or undermine their case in some way. This …
Government response. The CPS published Pre-trial Therapy Fundamental Principles in February 2022 and updated its pre-trial therapy guidance in May 2022, following a public consultation and review of the Attorney General's Disclosure Guidelines, to address concerns about therapy notes disclosure.
Home Office
27
Recommendation
Eighth Report - Investigation and prose…
Accepted
We recommend that the Government work with the Crown Prosecution Service so that it is possible for the organisation to publish its guidance on pre-trial therapy as soon as possible. We understand the Crown Prosecution Service has been waiting on the Attorney General’s annual review of disclosure, but it has …
Government response. The government confirms that the Crown Prosecution Service published its updated pre-trial therapy guidance on 26 May, aligning with the publication of the Attorney General’s Disclosure guidelines, thus fulfilling the recommendation.
Home Office
29
Recommendation
Eighth Report - Investigation and prose…
Accepted
The pilot of the provision of legal advice to complainants—which we recommended at paragraph 125 above—should take account of support in relation to applications for counselling or therapy records.
Government response. The Ministry of Justice's legal support consultation explored enhancing victims' access to legal advice regarding requests for personal information, and the Home Office launched a consultation on police requests for third-party material, directly addressing the recommendation for support related to …
Home Office
30
Recommendation
Eighth Report - Investigation and prose…
Accepted
The Government must ensure that counselling and therapy, including pre-trial therapy, can be accessed by all victims and survivors who need it. We welcome the Government’s funding for Independent Sexual Violence Advisors (ISVAs) but are mindful of Rape Crisis England and Wales’ warning that the demand is for long-term counselling …
Government response. The government acknowledges inconsistent pre-trial therapy provision and commits to considering interventions. It also outlined an additional £6.6 million for vital support services, a £20 million increase in NHS funding, and policy changes through the Victims Bill and Funding Strategy …
Home Office
31
Recommendation
Eighth Report - Investigation and prose…
Accepted
Any comprehensive mapping and monitoring exercise, covering the provision of specialist sexual violence and abuse services in England and Wales, that the Government undertakes (as we recommend) must take account of the need for and availability of counselling and therapy for victims and survivors of sexual violence.
Government response. The government committed to continuing to work with partners to map specialist sexual violence and abuse services, explicitly stating this will include joint working with the NHS and DHSC to consider and strengthen counselling and therapy provision.
Home Office
32
Recommendation
Eighth Report - Investigation and prose…
Accepted
The actions the CPS is taking to drive up the number of rape prosecutions are positive and to be welcomed. However, given the continued low volume of rape prosecutions, and the concerns we heard around the gap between policy and practice, we would suggest that the CPS publish the outcomes …
Government response. The CPS published a Rape Strategy Update in February 2022, and the CPS and NPCC committed to providing regular updates against key strategies. The refreshed Police-CPS Joint National RASSO Action Plan (JNAP) was soft-launched in June and formally published in …
Home Office
33
Recommendation
Eighth Report - Investigation and prose…
Accepted
It is evident that even when people’s cases do make it to court, their experience of the trial can be very difficult. We welcome the national roll-out of section 28 of the Youth Justice and Criminal Evidence Act 1999 to intimidated witnesses (victims of adult sexual offences and modern slavery). …
Government response. The government is rolling out section 28 nationally to all Crown Courts for sexual offence and modern slavery complainants and is engaging with criminal justice stakeholders, including counsel, to address implementation obstacles. The Ministry of Justice is also consulting on …
Home Office
35
Conclusion
Eighth Report - Investigation and prose…
Accepted
We welcome the £1 billion in the recent Spending Review to increase capacity across the court estate and support recovery from the impact of the pandemic. However, we remain concerned by the size of the backlog, particularly as rape and serious sexual offences are disproportionately affected. (Paragraph 172) 82 Investigation …
Government response. The government acknowledges the backlog concerns, stating its commitment to reduce waiting times, ongoing judicial prioritisation, and launching pilots of enhanced sexual violence support in specific Crown Courts to tackle the backlog.
Home Office