Victims' Right to Review (VRR) Conviction Rates 2015/16
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- The right to request a review of a CPS decision arises where decisions are made not to bring proceedings (i.e. at the pre-charge stage); to discontinue or withdraw the case in magistrates' courts ending all proceedings involving the victim; to offer no evidence in all proceedings relating to the victim; or asks the court to leave all charges in all proceedings to lie on file. These are defined as qualifying decisions.
- If an appeal is upheld it may be possible to bring proceedings against a suspect if the original decision is found, on review, to be wrong. Reinstatement is possible for pre-charge proceedings where the original decision was not to charge or where the CPS discontinued or withdrew proceedings. However it is not possible to recommence proceedings in cases where the CPS offered no evidence or if the offence cannot be charged because the statutory time limit has expired. Cases where all charges are left on file at the Crown Court may only be reinstated with the leave of the Crown Court or the Court of Appeal. 18 upheld appeals could not be recommenced for these reasons. A further 17 appeals could not be recommenced for other reasons, for example the defendant could not be found or an extradition request was not successful.
- Appeals upheld at Stage One are appeals where, on review, it is considered that a different decision should have been taken and, if possible, and appropriate to do so, action will be taken to (re) commence proceedings.
- Appeals upheld at Stage Two are appeals which are either assigned for a further, independent review, at the Appeals and Review Unit (who will not have been involved in the original decision) or if the qualifying decision was not to prosecute in circumstances in which reinstitution is not possible the review will be by a senior manager in the Area/Division where the original decision was made.
- Convictions comprise guilty pleas, convictions after trial and proceedings which are proved in absence.
- Unsuccessful Outcomes comprise prosecutions dropped, administrative finalisations, discharged committals and cases acquitted or dismissed following a contested hearing.
- Live proceedings are those cases currently being prosecuted.
- Total Appeals Upheld which could be recommenced.