Source · Select Committees · Home Affairs Committee
Recommendation 23
23
Accepted
CPS plays instrumental role in increasing rape prosecutions and improving victim experiences.
Conclusion
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 Summary
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 rolling out pre-recorded cross-examination (Section 28) nationally to all Crown Courts.
Government Response
Accepted
HM Government
Accepted
The Ministry of Justice recognises the important role special measures can play in improving victim experience and the quality of evidence provided. In 2021, the CPS updated its Special Measure Legal Guidance to prosecutors on closing the public gallery (Section 25 of the Youth Justice and Criminal Evidence Act 1999). The update aimed to improve awareness and increase the use of Section 25 where appropriate, in particular removing the wording that indicated ‘exceptional circumstances’ when applying for this particular measure. Section 62 of the Domestic Abuse Act 2021, which was brought into force on 19 May 2022, will partially commence automatic eligibility of special measures including Section 25 for complainants of domestic abuse. This commencement will be supported by updated products and guidance shared with the police and CPS to communicate availability and eligibility of the Section 25 special measure and will help to increase awareness. In our second Rape Review Progress Update, we set out the work that has been delivered so far under the ‘Best Practice Framework’, which will draw together practice currently in use in Crown Courts and Nightingale Courts to facilitate better support for victims. This best practice will be shared at knowledge-sharing events and compiled into a single document that will be shared with all Crown Courts. The Ministry of Justice is also working with the judiciary, police and the CPS to roll out pre-recorded cross-examination (known as section 28) to all Crown Courts. The first phase of this rollout began on 31 March, and following two further phases in May and June, section 28 is now available in 37 Crown Courts in total. Pre-recorded evidence can help to improve the experience of victims, by allowing them to give their evidence earlier in the process and outside of the courtroom.