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Under-resourced CPS can't assign expert staff to all rape cases, says watchdog Under-resourced CPS can't assign expert staff to all rape cases, says watchdog
(7 months later)
Rape and sexual assault cases are not always handled by specialist prosecutors because the Crown Prosecution Service’s dedicated investigation units are under-resourced, a watchdog has warned.Rape and sexual assault cases are not always handled by specialist prosecutors because the Crown Prosecution Service’s dedicated investigation units are under-resourced, a watchdog has warned.
The CPS’s newly established Rape and Serious Sexual Offence (Rasso) units are supposed to ensure that victims’ complaints are dealt with sensitively and efficiently by experienced lawyers. But the report by prosecuting agency’s inspectorate, while supportive of the initiative, found that in practice not all regional units were delivering high quality service.The CPS’s newly established Rape and Serious Sexual Offence (Rasso) units are supposed to ensure that victims’ complaints are dealt with sensitively and efficiently by experienced lawyers. But the report by prosecuting agency’s inspectorate, while supportive of the initiative, found that in practice not all regional units were delivering high quality service.
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The director of public prosecutions (DPP), Alison Saunders, dismissed the inspectorate criticism as outdated, pointing out that the CPS has recruited more lawyers to its Rasso units since the research was carried out.The director of public prosecutions (DPP), Alison Saunders, dismissed the inspectorate criticism as outdated, pointing out that the CPS has recruited more lawyers to its Rasso units since the research was carried out.
“The expectation was that the Rasso units would be staffed with rape specialist prosecutors and paralegal staff; this is not reflected in the various models deployed,” the inspectorate’s study says.“The expectation was that the Rasso units would be staffed with rape specialist prosecutors and paralegal staff; this is not reflected in the various models deployed,” the inspectorate’s study says.
“There are limited welfare arrangements in place to support staff who handle exclusively such sensitive and distressing casework … The CPS is under-resourced for the current volume of work and even more so for anticipated future increases.”“There are limited welfare arrangements in place to support staff who handle exclusively such sensitive and distressing casework … The CPS is under-resourced for the current volume of work and even more so for anticipated future increases.”
The report added: “It was evident from the file sample that casework was not always handled by specialists in dedicated units and there was not an end-to-end approach with continuity of prosecutor throughout. This may explain the finding that compliance with all elements of the Rasso policy was not high.”The report added: “It was evident from the file sample that casework was not always handled by specialists in dedicated units and there was not an end-to-end approach with continuity of prosecutor throughout. This may explain the finding that compliance with all elements of the Rasso policy was not high.”
Rape allegations were dealt with by a rape specialist in only 53 of the 85 cases that were examined, the inspectorate noted. “There was continuity of prosecutor in only 44 of the 72 relevant cases (61.1%) and it appears that the file was dealt with in a dedicated unit in only 42 cases (46.7%), with a further eight where it was not known.”Rape allegations were dealt with by a rape specialist in only 53 of the 85 cases that were examined, the inspectorate noted. “There was continuity of prosecutor in only 44 of the 72 relevant cases (61.1%) and it appears that the file was dealt with in a dedicated unit in only 42 cases (46.7%), with a further eight where it was not known.”
The inspectorate highlights examples of good and bad practice. In one examined case, a 20-year-old girl accompanied her girlfriends to a sex club that was holding a ‘swinger’s night’.The inspectorate highlights examples of good and bad practice. In one examined case, a 20-year-old girl accompanied her girlfriends to a sex club that was holding a ‘swinger’s night’.
“The defendant was an entertainer, in his late 40s, who was part of an act at the club that night. The complainant was wearing revealing clothes and had been drinking,” the report recounted.“The defendant was an entertainer, in his late 40s, who was part of an act at the club that night. The complainant was wearing revealing clothes and had been drinking,” the report recounted.
“She engaged in conversation with the defendant and he eventually prevailed on her to go with him to one of the ‘play areas’ in the club where people go to be intimate.“She engaged in conversation with the defendant and he eventually prevailed on her to go with him to one of the ‘play areas’ in the club where people go to be intimate.
“The complainant felt pressured into going along and rather naively agreed; she left her friends and ended up alone with the defendant.” He raped her. “She was intimidated by him and did not fight him off. She immediately reported the offence to her friends and then to the police.”“The complainant felt pressured into going along and rather naively agreed; she left her friends and ended up alone with the defendant.” He raped her. “She was intimidated by him and did not fight him off. She immediately reported the offence to her friends and then to the police.”
The defendant was convicted – a good example, the report says, of a case “properly prosecuted applying the merits approach and ignoring myths and stereotypes – such as style of dress, consumption of alcohol and voluntarily accompanying the defendant”.The defendant was convicted – a good example, the report says, of a case “properly prosecuted applying the merits approach and ignoring myths and stereotypes – such as style of dress, consumption of alcohol and voluntarily accompanying the defendant”.
Another case study, however, detailed an allegation of rape committed by a 28-year-old defendant on a 71-year-old complainant “who was suffering from mild memory loss issues”.Another case study, however, detailed an allegation of rape committed by a 28-year-old defendant on a 71-year-old complainant “who was suffering from mild memory loss issues”.
Initially the recommendation by the CPS lawyer was for no further action. A second opinion reached the same conclusion. Police officers protested and a charge was eventually authorised by the Rasso unit head.Initially the recommendation by the CPS lawyer was for no further action. A second opinion reached the same conclusion. Police officers protested and a charge was eventually authorised by the Rasso unit head.
The defendant was convicted and sentenced to 13 years. “It would have been helpful to have a report about what happened at trial so that positive lessons could be learned bearing in mind the initial decisions not to prosecute due to perceived difficulties in the complainant being able to give reliable evidence,” the inspectorate said.The defendant was convicted and sentenced to 13 years. “It would have been helpful to have a report about what happened at trial so that positive lessons could be learned bearing in mind the initial decisions not to prosecute due to perceived difficulties in the complainant being able to give reliable evidence,” the inspectorate said.
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Closer cooperation with detectives was not always evident. “Although a new protocol between the police service and CPS … was agreed in January 2015,” the study said, “this had not been adopted across police forces during the fieldwork visits”.Closer cooperation with detectives was not always evident. “Although a new protocol between the police service and CPS … was agreed in January 2015,” the study said, “this had not been adopted across police forces during the fieldwork visits”.
Rasso units “should be staffed by ring-fenced specialist lawyers”, the report recommends. “They should not be abstracted for other duties such as magistrates courts advocacy. Refresher training should be compulsory for all established specialist lawyers.”Rasso units “should be staffed by ring-fenced specialist lawyers”, the report recommends. “They should not be abstracted for other duties such as magistrates courts advocacy. Refresher training should be compulsory for all established specialist lawyers.”
Responding to the criticism, the DPP said: “The CPS has already made considerable progress since this inspection was carried out. Most of the recommendations within this report had already been identified by the CPS and were being addressed before the report was published. However, there is always more that we can do.Responding to the criticism, the DPP said: “The CPS has already made considerable progress since this inspection was carried out. Most of the recommendations within this report had already been identified by the CPS and were being addressed before the report was published. However, there is always more that we can do.
“The CPS has taken a leading role in the criminal justice system’s response to rape, reversing a fall in the volume of rape referrals identified in 2012/13. This response included a joint national rape action plan with the police and other stakeholders, developing tools and skills for specialist prosecutors.“The CPS has taken a leading role in the criminal justice system’s response to rape, reversing a fall in the volume of rape referrals identified in 2012/13. This response included a joint national rape action plan with the police and other stakeholders, developing tools and skills for specialist prosecutors.
“Today, dedicated and specially trained teams handle all specialist rape and sexual offence cases. The CPS saw the highest ever numbers of these cases last year, with the highest ever volumes of charges, prosecutions and convictions. A number of initiatives were introduced last year to handle this exceptional increase, including the recruitment of at least 100 additional prosecutors.“Today, dedicated and specially trained teams handle all specialist rape and sexual offence cases. The CPS saw the highest ever numbers of these cases last year, with the highest ever volumes of charges, prosecutions and convictions. A number of initiatives were introduced last year to handle this exceptional increase, including the recruitment of at least 100 additional prosecutors.
“The report examined files from 2014 and noted that our policies were not always applied – performance in this area must improve. To address this, the CPS is already giving greater focus to evaluating whether our policies are happening in practice so that we can continue to improve performance across the country.”“The report examined files from 2014 and noted that our policies were not always applied – performance in this area must improve. To address this, the CPS is already giving greater focus to evaluating whether our policies are happening in practice so that we can continue to improve performance across the country.”