An inspection of the quality of the Crown Prosecution Service’s pre charge decision-making following implementation of the national operating model for prosecuting adult rape cases.

By The HM Crown Prosecution Service Inspectorate (UK)

2.1. HM Crown Prosecution Service Inspectorate (HMCPSI) last inspected the quality and standard of legal decision making in Rape and Serious Sexual Offences (RASSO) casework in 2021-22 when conducting our baseline Area inspection programme. A composite report, summarising the themes, was published in September 20231 which found that pre-charge reviews in RASSO cases required improvement as our file examination showed that Crown Prosecution Service (CPS) Areas met the standard for the quality of case analysis in their pre-charge decision reviews in just over half. 2.2. Prior to that we had conducted a joint inspection with His Majesty’s Inspectorate of Constabulary Fire and Rescue Services (HMICFRS), considering the response, decision-making and effectiveness of the police and CPS at every stage of a rape case2. Before that, we published a report in 2019 that specifically focused on rape cases3. 2.3. There has been a long-standing concern regarding rape prosecutions and convictions. A stark drop in the number of rape cases referred by the police to the CPS and the volume of rape cases being charged led to recognition that significant work was needed to radically change and reverse this decline. 2.4. The CPS and police have made the investigation and prosecution of rape cases a strategic priority and there is an ongoing drive to improve the handling of this important and sensitive area of casework. Adult rape flagged4 caseloads have continued to increase nationally. The volume of live adult rape caseloads (charged cases) in the second quarter of 2024-25 (July to September 2024) was 3,813, compared to 3,263 for the second quarter of 2023-24 (July to September 2023). This is a 16.8% increase. 2.5. Our business plan for 1 April 2024 to 31 March 2025 included a thematic inspection of the CPS to assess the quality of legal decision making in rape cases and compliance with casework standards and expectations following the roll out of the national operating model (NOM) for the prosecution of adult rape cases. 2.6. We focused this inspection on the quality of early advice and pre-charge decision casework in adult rape cases following implementation of elements of the CPS adult rape NOM designed to improve the consistency and quality of decision making at this early stage of the prosecution process. 2.7. We intend to carry out further inspections of other aspects of rape casework following implementation of the NOM. These inspections are included in our 2025-26 Business Plan5 and will include an examination and assessment of the service and support provided by the CPS to victims of rape, and an assessment of casework quality, progression and trial readiness for rape cases that have proceeded beyond the pre-charge decision stage. 2.8. We recognise the importance of capturing the voice of rape victims when considering and assessing the CPS’s approach and handling of rape prosecutions. However, because we have focused this inspection on the early advice and pre-charge stage, it is difficult to assess this aspect of victim experience in isolation. Given our proposed approach to carrying out a series of inspections focused on specific aspects of the prosecution process, we intend to engage with victims and third sector groups in our planned inspection around the quality of service and support offered to victims of rape so that we can explore their experiences of the impact of the NOM in more detail throughout the prosecution process. 2.9. The CPS, at both a national strategic level and at an Area level, is working hard to drive improvement in the quality of rape casework. It has committed, and continues to commit, to this sensitive area of work by strengthening its partnership with the police to improve communication, by providing ongoing training and new guidance for its prosecutors to reflect changes in the law and assist them in understanding the complexities of rape and by increasing the scrutiny of decision-making in rape cases. 2.10. We found Area staff working on adult rape cases (and other serious sexual offences) are committed, passionate and enthusiastic about improving performance and are striving to build strong cases to achieve the best possible outcome for victims. However, there was an acceptance amongst many we spoke to that a degree of inexperience across the cadre of prosecutors within RASSO units, and the competing demands and high caseloads, sometimes meant that the quality of work at the early advice and pre-charge decision stage suffered as prosecutors struggled to devote the time required to each case. 2.11. We found that the closer working relationships that have formed and developed between local RASSO prosecutors and police investigators following implementation of the NOM has been positive, with some encouraging aspects to the quality of decision making in the early stages of adult rape casework. However, we also found aspects that require further work to ensure that strong cases are being built from the outset and that these sensitive and often evidentially challenging cases are given the best possible chance of achieving a successful outcome.     

HMCPSI Publication No. CP001 - 1325  2025. 136p.