Decision to prosecute

Time: Dependent on the case

Everything the police have collected through the investigation will be passed on to the Crown Prosecution Service (CPS). The CPS will then decide if the abuser(s) should be charged with a criminal offence. The CPS make their decision based on the available evidence and public interest to prosecute. The available evidence needs to show that the events took place and that the abuser(s) was responsible. The public interest to prosecute depends on the details of the events and the background of the accused abuser(s).

Your dedicated officer should be able to answer any questions you may have about this as it may feel like an overwhelming process.

Source:

Rape Crisis UK

Date checked: 20.01.20
The information in the report is correct to March 2014.

Time: This is dependent on the case

A specially trained lawyer from the CPS along with a 'reviewing' lawyer evaluate the available evidence and decide whether there is adequate evidence to proceed to the trial stage. The CPS will notify the Officer In Charge of the outcome.

Source:

Rape Crisis UK

Date checked: 20.01.20

Time: Dependent on the case

Your case is assigned to a Crown Prosecutor who is a specialist lawyer dealing with sexual offences. Only prosecutors who have undertaken training courses and have the necessary skills can prosecute rape cases. Because of this, your case will be expert hands.

Sources:

Rape Crisis UK

CPS Policy for Prosecuting Cases of Rape

Date checked: 27.01.2020

In some cases, the CPS may offer your abuser(s) with the option to accept a caution rather than face prosecution. If they accept this caution then the case will not go to court. Instead, it will become part of the abuser(s) criminal record.

Unfortunately, you cannot appeal against the administration of a caution by the CPS. If the decision is made by the police then you do have the Victim’s Right to Review and can look at the later section with information on your options.

Source:

Rape Crisis UK

Date checked: 20.01.2020

The Crown Prosecutor assigned to your case may ask you or any other witnesses for a Pre Trial Witness Interview (PTWI). This could take place at any point in time after you’ve made your initial statement and before giving evidence in court.

This interview could be used to assist the Crown Prosecution Service in making the decision whether or not to charge your abuser(s) or as they are preparing the case for trial.

Source:

Rape Crisis UK

Date checked: 20.01.2020

Time: As soon as a decision is reached

The CPS should write to you to provide information on any decision to charge, drop or alter charges. You should also be given the opportunity to access a face-to-face meeting with the Prosecutor to personally hear the reasons for the final decision.

Here is what can happen:

• Abuser(s) are charged with an ‘offence’. The Court will begin proceedings against them and the CPS and police will keep you informed. The abuser(s) may be out on bail during the police investigation or after the charge. The police decide this on the basis of a threat to the victim and others around them.

• The investigation ends without the abuser(s) being charged and no action is taken against them.

• The police conclude there was no crime. They may or may not decide to charge you for a ‘false report’.

See the next cards to get more details on what happens for each of these.

Sources:
Rape Crisis UK

CPS Policy for Prosecuting Cases of Rape

Date checked: 27.01.2020

Once your abuser(s) is charged they will now be referred to officially as a defendant rather than a suspect.

They will either be released on police bail to attend court on a decided date or remanded in custody to take to the court the next day. If held in prison, your abuser(s) is entitled to make a bail application.

Source:

Rape Crisis UK

Date checked: 20.01.2020

If the CPS decide not to charge your abuser(s) then the case will be closed and no further action will be taken. The files will be kept on record in case new evidence emerges or the abuser(s) commits any further offences.

This decision is obviously devastating for many who have made it this far in the process and feel that justice has not been done. See the sections below on your Right to Review and private prosecution to find out about further actions you might be able to take.

Source:

Rape Crisis UK

Date checked: 20.01.2020

This is the worst possible scenario. Unfortunately, the rape myth that women make false rape allegations still exists and despite evidence to show that is not the case, police have been known to charge survivors of sexual assault. Between January 2011 and May 2012, the CPS examined rape allegations and only 35 out of 5,651 prosecutions were about a false allegation.

If the police and/or CPS believe you made a false report, they will ask you whether the original statement you made was true. This often does not take into account that trauma affects memory which is critical.

They decide this in the case of:

• The allegation is believed to be false;

• Retraction of the allegation; or

• Withdrawal of a retraction (called "double retraction").

The CPA will consider this one of two offences.

• Perverting the Course of Justice; or

• Wasting Police Time contrary to section 5(2) of the Criminal Law Act 1967.

To read more about what could happen under these circumstances, read the CPS guidance here. We believe the criminal justice system is flawed and needs serious reform. If you are worried that you may be faced with this or you have been informed that they are considering a charge against you, you should seek legal advice immediately from the Rape Crisis helpline and Rights of Women.

If the CPS makes a decision not to prosecute or discontinue the proceedings, you will be notified on how to request for a review of this.

The following CPS decisions are all eligible for review:

• The decision not to charge.

• The decision to discontinue charges and end proceedings.

• The decision not to over evidence in all proceedings.

• The decision not to proceed with charges (or to let them "lie on file").

This is how the VRR process works:
1. Your case will be referred to the CPS area where the decision was made and it will be checked. They will respond to you with an explanation of the decision.
2. If you are unhappy with the decision, you can then ask for your case to be sent to the Appeals and Review Unit, the relevant Chief Crown Prosecutor, or the Head of a Casework Division.
3. These departments will conduct a further review and a Reviewing Prosecutor will decide
whether the decision was wrong. If they believe the decision not to charge the abuser(s) or to terminate the case was wrong, they will decide whether a charge should now be brought or whether proceedings should be resumed.
5. They should offer you a meeting at the end of the review process to discuss the outcome.

If you would like to review the decision, contact the Crown Protection Service (CPS) office where the decision was made. If you're able, make your request within FIVE working days from the date the decision was communicated. Placing your request early increases the likelihood that your case will be reexamined promptly. With that said, you have UP TO THREE MONTHS to file your request for review. Beyond that, decisions will only be reviewed under exceptional circumstances.

The CPS should complete the review and provide you with an outcome within thirty working days (six weeks).

The VRR doesn’t apply in the following circumstances:
if the charges were altered or if some but not all charges were dropped.
If the police made the decision to close the case before handing over to CPS

In the second case, you can request a review of Police decisions through the Independent Police Complaints Commission.

Sources:
Rape Crisis UK

IOPC

CPS

Date checked: 23.01.2020

The IOPC oversees the police complaints system in England and Wales. Most complaints are dealt with by the relevant police force. Each force has a separate department that makes sure that complaints are dealt with appropriately. These are called ‘professional standards departments’.Only the most serious and sensitive matters are independently investigated by the IOPC.

You can make a complaint directly to the police/other organisation or via the IOPC. If you complain via the IOPC, your complaint will be sent directly to the organisation involved. They will assess your complaint and contact you about how it will be handled. The IOPC will not be involved with this initial assessment of your complaint.

The police force or relevant organisation will consider your complaint and make a decision about whether to record it. You can expect to hear from the organisation within 15 working days about whether it has recorded your complaint and, if it has not, the reasons why. If the police force or relevant organisation does not write to you or writes to you to say your complaint has not been recorded then you can appeal this decision to the IOPC.

If your complaint is recorded, the police force or relevant organisation will consider whether it needs to be referred to the IOPC. Certain complaints must be referred to the IOPC. Please see the ‘Want to Know more’ section for more information.

If your complaint is not referred to us, it will be dealt with by either local resolution or local investigation.

Local resolution

Complaints that do not require IOPC involvement can be resolved in one of a number of ways. In many cases, this will be through ‘local resolution’. This may involve the police force or relevant organisation explaining, apologising, or otherwise satisfying you that appropriate action is being taken. Please note that local resolution cannot result in misconduct proceedings being taken against an officer, staff member or relevant organisation.

You will receive a letter from the police force or relevant organisation explaining what the local resolution is, and information about your right to appeal if you are unhappy with the outcome. Our appeals page explains more about the grounds for appeal.

Local investigation

In some cases, a police force or relevant organisation needs to carry out a ‘local investigation’. If so, it will discuss with you how the complaint will be investigated and how a decision will be reached. The police force or relevant organisation should keep you informed of progress. The way that this is done should be discussed with you at the start of the investigation. When the investigation is complete, you will be told if the investigation has found in your favour and what action is being taken. There may be action taken, even if the investigation does not find in your favour.

You will receive a letter from the police force or relevant organisation explaining what the local investigation found, and information about your right to appeal if you are unhappy with the outcome. Our appeals section explains more about the grounds for appeal.

If you file to have your case decision reviewed, you'll be put in touch with a liaison from the Witness Care Unit (WCU) associated with the relevant Criminal Appeals Office. This person will keep you informed about decisions taken regarding your appeal.

Victim Support is a free, national charity that provides digital and in-person assistance to anyone who has been the victim of a crime, including survivors of sexual abuse and assault. Among other things, they can offer help navigating the criminal justice system.

Sources:

Victim Support

CPS

Date checked: 27.05.2020

Time: Unknown

If the CPS has decided not to charge, and you can afford to raise money for a private prosecution - you can choose to do so. However, the Director of Public Prosecutions (CPS) may choose to block this if they feel like there is no case for the abuser(s) to answer.

Sources:

Rape Crisis UK

CPS

Date checked: 23.01.2020