Skip to main content

Accessibility controls

Contrast
Main content area

Crown Prosecution Service response to HMCPSI inspection of early advice and pre-charge decision making in adult rape cases, 15 July 2025

|Publication

His Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) has today issued a report following its inspection of early advice and pre-charge decision-making in adult rape cases, which took place after the implementation of the CPS National Operating Model for adult rape prosecution. The CPS fully accepts all of the recommendations; the report clearly highlights areas at the pre-charge stage where we must do better and will inform our ongoing efforts to improve the prosecution of rape and serious sexual offences. We are taking immediate action to address concerns and will work openly and transparently with our partners in policing and the voluntary sector to ensure we deliver on these commitments.

Rape is a truly devastating and life-changing crime, and it is the duty of the CPS to make sure that the right person is prosecuted for the right offence and to bring offenders to justice wherever possible. We were pleased to note the Inspectorate’s finding that, in the majority of the rape cases it examined, CPS prosecutors are selecting appropriate charges to reflect the seriousness and extent of the offending. We are determined to continue to increase the number of rape cases capable of being taken to court each year – so that more victims can see justice, irrespective of their background and circumstances.

The Inspectorate recognises that the prosecution of rape cases remains a priority for the CPS, and that our prosecutors continue to demonstrate professionalism and dedication. It is through these efforts that we have made considerable progress over the last few years to increase the volumes of rape cases that we charge and prosecute. However, we accept the report’s findings that – whilst some progress has been made – there is still significant work for us to do. Victims, and the wider public, rightly expect a high-quality service from the CPS – not only in the volume of cases we handle, but in the quality of our legal decision-making.

The CPS published its National Operating Model (NOM) for the prosecution of adult rape in July 2023 to provide a national framework for all CPS staff in our specialist Rape and Serious Sexual Offence (RASSO) Units. As the report highlights, the NOM was developed using academic research and best practice; it included new processes and standards, guidance materials, bespoke training, and the recruitment of additional prosecutors and operational staff. Although every component of the NOM has now been rolled out nationally, we accept the Inspectorate’s findings that we have yet to achieve consistent implementation on the ground across all CPS Areas. The NOM represents a foundational shift in how we prosecute rape cases, and as such, we anticipate that the changes it seeks to embed will take time. We will continue our work to achieve consistency in the NOM’s implementation and application, as we recognise that this is essential to ensure that the model delivers on its intended outcomes.

More broadly, we accept the Inspectorate’s findings that there are inconsistencies in the quality of our rape casework, and that we need to ensure appropriate mechanisms are in place to sustain progress. We also recognise that a key factor in building strong cases is effective and early collaboration between the police and CPS, including the timely provision of early advice. Whilst we were pleased to see that the Inspectorate found early advice meetings are generally being offered promptly by the CPS, we accept that we need to do more to ensure that these meetings are subsequently taking place and being accurately recorded.

Moving forward, we will maintain momentum on two key fronts. Firstly, we will work to ensure that every element of the NOM is fully and consistently embedded at both national and local levels across the CPS. Secondly, we will take proactive steps to ensure that the quality of our rape casework is of a high standard. These improvements will be delivered through a new Rape Action Plan focused on:

  • providing enhanced oversight of our legal decision-making, to ensure that we are delivering high-quality casework and prioritising the safety of victims at every stage;
  • supporting and upskilling our people; and,
  • increasing public confidence in our ability to prosecute these offences effectively.

The Action Plan is being developed and will be informed by insights from experts and across the organisation and designed to be practical, targeted, and impactful. Our aim is to ensure that every decision we make is robust, every prosecutor is supported, and every victim can have confidence in the justice process. While this report makes clear that we have more to do to achieve our aims, its findings will guide our next steps and drive sustained improvements.

Reporting rape or sexual abuse takes tremendous courage, and all victims should feel informed, empowered, and that they have been treated fairly throughout the criminal justice process. 

Inspectorate's Recommendations

There are eight recommendations. The CPS accepts all of these recommendations in full, and provides its responses below.

Recommendation 1

By September 2025, on every adult rape case, in accordance with the National Operating Model, the CPS will offer a face-to-face or virtual meeting in every case referred for early advice before the early advice is finalised. The offer of the meeting and the detail of the meeting, (or confirmation that it was declined) to be consistently recorded in the case. This approach to be embedded by November 2025.

Recommendation 2

By September 2025, on every adult rape case, in accordance with the National Operating Model, where no meeting took place at early advice stage (either because it was declined or early advice was not required), the CPS will offer a face-to-face meeting or virtual meeting in every case before the pre-charge decision is finalised. The offer of the meeting and the detail of the meeting, (or confirmation that it was declined) to be consistently recorded in the case. This approach to be embedded by November 2025.

CPS Response

We fully accept these two recommendations.

We were pleased to note the Inspectorate’s findings that closer working relationships have developed between local CPS RASSO prosecutors and police investigators following the implementation of the National Operating Model. However, we recognise the need for a continued focus on improving early partnership working between the CPS and police in order to ensure that we are building the strongest possible cases from the very start of an investigation. This includes the provision of high-quality early advice, supported by the offer of a face-to-face or virtual meeting (before the early advice is finalised or, if this does not take place, before the pre-charge decision is finalised).

While the report found that our prosecutors are offering timely early advice meetings in the majority of cases, it also noted inconsistencies in the way in which these meetings are subsequently being arranged, diarised, and recorded. We will direct Areas to comply with the National Operating Model guidance and monitor that meetings are being offered and recorded consistently: offers of meetings should be logged on our systems, and a record will also be made once these meetings have taken place (through the application of a CPS monitoring flag or review type).

Recommendation 3

By July 2026, the CPS to have invested in the ongoing development of skills and confidence to equip Rape and Serious Sexual Offences (RASSO) prosecutors to improve casework quality by adding value through good quality prosecutorial decision-making demonstrating sound evidence-based suspect-centric case strategies when providing early advice or making charging decisions in adult rape cases.

Recommendation 4

By July 2026, the CPS to have significantly improved the quality of early advice and pre-charge decision reviews.

CPS Response

We fully accept both recommendations. 

Our new Rape Action Plan will focus on providing enhanced oversight, supporting and upskilling our people, and increasing public confidence. It aims to ensure that our RASSO prosecutors are equipped to deliver high-quality casework from the earliest stages of a case.

Enhanced oversight will be achieved through a new internal inspection programme to enable real-time intervention in legal decision-making, with immediate feedback provided to lawyers and managers. In addition to reviewing case strategy, this regime will place a strong emphasis on victim safety – ensuring that appropriate protections and special measures are being considered at every stage.

Drawing on insights from these individual interventions, we will identify and analyse recurring issues that contribute to poor decision-making across the wider organisation. In parallel, quantitative and qualitative metrics surrounding early advice and pre-charge decisions will be embedded into our quarterly CPS Area Performance Reviews, so that we can draw upon clear and measurable evidence to ensure that casework quality is improving.

These findings will be used to strengthen our new RASSO Case Strategy learning programme, which is designed to help our prosecutors develop the skills required to prosecute rape offences effectively. To support the programme, prosecutor skills will be assessed to target any further development.  We will also update our RASSO Legal Guidance to align with our training offer, in tandem with a review of our RASSO onboarding training.

Finally, to help build public confidence, we will ensure ownership through the vital role our senior leaders play in assuring the quality of legal decision-making at a local level, with a clear aim of demonstrating tangible improvements across CPS Areas during 2025/26.

This plan sets out a clear path for strengthening prosecutorial skills, improving the quality of casework (including early advice and pre-charge decision reviews), and ensuring that victim safety is prioritised throughout — to be achieved by July 2026.

Recommendation 5

By October 2025, the CPS to have decided and communicated internally whether a victim communication letter explaining a decision to charge is to be compulsory in all adult rape cases.

CPS Response

We accept this recommendation.

Through our Victim Transformation Programme (VTP), we aim to deliver improved communication and support for all victims of crime who interact with us. As the report notes, in some CPS Areas we have been testing the sending of letters to victims of adult rape outlining decisions to charge. We are currently assessing the impact and will make a decision as to whether these letters should be sent to all adult rape victims by October 2025.

If implemented, this communication would bring consistent practice across the organisation and form part of the enhanced service we provide to adult victims of rape and serious sexual offences. This service already includes the offer of a pre-trial meeting with the prosecution team (to help victims feel more prepared for court), as well as a dedicated Victim Liaison Officer within every RASSO Unit (to act as a consistent point of contact). These initiatives help to ensure that victims are better informed, engaged, and supported throughout the criminal justice process.

Recommendation 6

From October 2025, the CPS to ensure that, as a minimum, pre-charge advice cases with three or more substantive action plans are on the agenda to be scrutinised at Rape and Serious Sexual Offences local joint operational improvement meetings to identify and address themes and issues.

Recommendation 7

By October 2025, at local and strategic joint operational improvement meetings (JOIMs), the CPS to ensure that there is a clear, consistent and detailed recording of issues being raised at those meetings, detailing actions agreed and assessment of impact of those actions to strengthen casework quality and to identify and disseminate best practice.

CPS Response

We fully accept both of these recommendations.

RASSO Joint Operational Improvement Meetings (RJOIMs) provide a key forum for police and CPS colleagues to develop a collaborative approach to identifying issues and driving improvements in their handling of rape cases. As part of the enhanced oversight workstream within our Rape Action Plan, we will:

  • conduct a review of RJOIMs, to ensure that we are utilising them effectively;
  • clarify that the standing agenda item on action plan scrutiny (which is already set out in our guidance for RJOIMs) should include,
  • as a minimum, discussion of any recent pre-charge advice cases with three or more substantive action plans;
    introduce mandated templates where necessary, to ensure consistency in recording issues and tracking actions.

Recommendation 8

By December 2025, the CPS to have developed and implemented a quality assurance regime in rape cases that assesses and improves casework quality.

CPS Response

We accept this recommendation.

As we have outlined above, our new Rape Action Plan will include a dedicated workstream on providing enhanced oversight of our legal decision-making. This will include:

  • a new internal inspection programme focused on ‘real-time’ intervention in decision-making, with immediate feedback provided to lawyers and managers – recurring themes will be also identified, so that they can be addressed through the RASSO Case Strategy learning programme (see Recommendations 3 and 4);
  • improved local process to enhance the quality of rape casework, including a review of RASSO Joint Operational Improvement Meetings (RJOIMs) to ensure that we are utilising these forums effectively (see Recommendation 7).

This workstream will be overseen by a Rape Casework Board attended by all Chief Crown Prosecutors, so as to ensure national and local leadership.

Scroll to top