Last week in Parliament the FDA launched a new report – The CPS’s role in increasing prosecution of Rape and Serious Sexual Offences (RASSO).

 

As reported by the Times, Law Society Gazette, Civil Service World and Politico, the FDA’s new report highlights the lack of resourcing in the CPS and the wider criminal justice system. It focuses on the CPS’s role in increasing prosecutions of Rape and Serious Sexual Offences (RASSO), and looked at what barriers our CPS members face on a daily basis and the resources they need to remove them.

The report provides analysis from our members in the CPS about the internal and external barriers they face when prosecuting RASSO. 

With contributions from key legal organisations and victims’ charities, the report calls for a consistent direction of policy and additional resourcing of the justice system to increase prosecutions of RASSO.

The report found that 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. It 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 (VAWG). 

Our recent survey of CPS prosecutors revealed:

• 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 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 plan to recruit additional criminal lawyers, with a particular emphasis on RASSO lawyers.
• Fixing the courts estate. 
• Priority listing and guaranteed fixtures for all rape and sexual offence cases. 
• Increased support for victims of RASSO

The report launch event took place in the Houses of Parliament in Westminster and was attended by FDA members, MPs, journalists and representatives from professional legal bodies, advocacy groups and charities. 

The event was hosted by Alex Brewer MP and included a panel panel chaired by Times journalist and Chair of The Times’ Crime and Justice Commission, Rachel Sylvester. FDA National Convenor for the CPS Stephen Head represented the union on the panel and was joined by Chair of the Bar Council Sam Townend KC, Chair of the Criminal Bar Association’s RASSO Group Kama Melly KC, and Head of Public Affairs and Policy at Rape Crisis England and Wales Amelia Handy. 

The panel came together to call for additional resources for the CPS and the justice system to improve outcomes for victims.

Head took attendees through the report, including a number of internal barriers CPS staff face, including the increased complexity of cases due to the proliferation of digital evidence and poor technology. 

As reported in the Law Society Gazette, the report also discussing the adverse impact of high staff burnout and turnover. 

You can find more updates and quotes from the launch on the FDA’s X page.

The FDA will now use this report and its recommendations to help influence government, pushing ministers to recognise the scale of the task at hand and accept that a long-term plan of reform is necessary.

FDA General Secretary Dave Penman said of the report: 

“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.”

Stephen Head told the Times that during the last parliament, prosecution rates declined “despite a cross-party focus on this issue and despite the best efforts of hard-working and skilled prosecutors”.

The report has also gained widespread support from advocacy groups, charities, think tanks, and professional bodies.

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.”

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.”

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.

“Change is sorely needed. We hope that both the government and the Leadership of the CPS will take heed of the FDA’s recommendations.”