The first victims of rape have seen cases continue following second review as a pioneering pilot reaches the one-year mark – the Crown Prosecution Service (CPS) has said.

Today, the CPS and the Solicitor General (SG) have announced the pilot will be rolled out nationally across all 14 CPS Areas from next week, to support high-quality decision making in some of the most serious cases.

The existing CPS’s Victims’ Right to Review (VRR) scheme allows victims to challenge decisions not to bring or to stop a prosecution.

If a case is stopped in court by prosecutors offering no evidence, it cannot legally be restarted. That is because of the legal framework in England and Wales.

But under a first-of-its-kind CPS pilot, rape victims are told in advance if their case might be stopped – giving them the chance to request a review before that happens.

Under the Early VRR pilot, victims of rape whose cases are eligible are told in advance if their case might be stopped. They can request a review before that happens.

This means that if a second prosecutor concludes the case should continue, it can still proceed.

Siobhan Blake, National CPS Lead for Rape and Serious Sexual Offences, said: “For survivors of rape and sexual offences, the possibility their abuser may never face justice can be deeply distressing.

“Victims must have confidence that every decision is made with care and expertise. Our specialist prosecutors usually get it right first time, but when we don’t – and a case that could have continued is stopped – an apology alone cannot feel like justice.  

“Some victims in the pilot have told us that simply having this option makes a positive difference, and two cases continuing shows the impact it can have.

“Expanding the pilot will help us better understand how to support victims and ensure the right decisions are made.”

The CPS has also published research today on how other similar jurisdictions work in comparison to England and Wales. The research done by the Bingham Centre for the Rule of Law was commissioned to consider the power the CPS has to ‘discontinue’ cases in England and Wales, rather than officially stopping them in court. ‘Discontinuing’ cases allows them to be restarted where there is a good reason to do so – such as VRR or more evidence becoming available.

The VRR pilot works within the current jurisdiction, with cases in which the CPS would be offering no evidence in court.

The expansion of the Early VRR pilot will give prosecutors more evidence towards its final evaluation, which is already showing benefits for victims and supporting high-quality decision-making in some of the most challenging cases.

Most decisions to offer no evidence are upheld after a victim asks for a review – both in the pilot and as part of the normal VRR scheme. But occasionally, under the current VRR scheme, in some cases, a prosecution that could have continued may be stopped.

Across the four pilot Areas — West Midlands, North West, Yorkshire and Humberside, and Cymru-Wales — 28 victims were offered a review.

Fourteen requested a review. Twelve decisions were upheld, and two were overturned, allowing those cases to continue. They are now awaiting trial.

Solicitor General, Ellie Reeves MP, said: "Rape and sexual assault cause devastating, long-lasting harm, and every brave victim who comes forward deserves to know their case will be treated with dignity.

“Violence against women and girls is my top priority, and the Early Victims’ Right to Review rollout is a landmark moment.

“For the first time, victims of rape and serious sexual offences across all of England and Wales will have the opportunity to have their case reviewed, where eligible, giving them a second chance at justice and real control at the most critical point in their case.”

“This government is determined to halve violence against women and girls within a decade, and ensuring victims are given fairness, dignity and a genuine voice in the justice system is central to that mission.”

The Victims’ Commissioner for England and Wales, Claire Waxman OBE, said: "It is fantastic to see the CPS listening and responding to victims' experiences, and my thanks go to Jade Blue McCrossen-Nethercott for tirelessly campaigning for this vital progress.

“Expanding this pilot across the country means that fewer victims of rape and sexual offences will be unfairly denied justice, ensuring they have the opportunity to challenge a decision before it is final." 

What is the pilot?

Criminal cases can be stopped at any point if prosecutors decide there is no longer a realistic prospect of conviction. If that decision is made after a case has progressed beyond a certain point, the CPS must offer no evidence in court, resulting in an acquittal.

Under the existing VRR scheme, victims can already request a review of certain decisions not to start or to stop a prosecution. However, if the case is stopped in court through ‘offering no evidence’, nothing further can be done even if the second prosecutor disagrees: the only remedy is an apology.

The Early VRR pilot changes this.

RASSO victims will now be told when a provisional decision is made to offer no evidence. They are given the opportunity to ask for a second prosecutor to review the evidence before that decision is approved.

If the second prosecutor considers that the two-stage test in the Code for Crown Prosecutors is met, the prosecution proceeds.