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Rape case review scheme to be expanded across England and Wales

The Crown Prosecution Service (CPS) is rolling out its early Victims' Right to Review (VRR) scheme nationwide after pilot programmes were found to be successful

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Victims’ commissioner Claire Waxman
Victims’ commissioner Claire Waxman thanked campaigners for their efforts. Picture: Alamy

By Georgia Bell

Victims of rape and sexual assault across England and Wales will be given the chance to challenge decisions to drop their cases before prosecutors make a final call, under a major expansion of victims' rights.

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The Crown Prosecution Service (CPS) is rolling out its early Victims' Right to Review (VRR) scheme nationwide after pilot programmes were found to be successful.

The change is designed to give victims a "second chance at justice" by allowing another prosecutor to assess a proposed decision to halt a case before it becomes final.

Previously, victims could only request a review after prosecutors had formally decided to offer no evidence, by which point the case could not be revived.

Under the expanded scheme, cases can instead be reconsidered while there is still an opportunity for the prosecution to continue.

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Solicitor General Ellie Reeves said 'Every brave victim who comes forward deserves to know their case will be treated with dignity'. Picture: Getty

Solicitor General Ellie Reeves 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 scheme was first trialled a year ago in the West Midlands before being expanded to three further CPS areas – the North West, Yorkshire and Humberside, and Cymru-Wales.

Crown Prosecution Service
The early victims’ right to review (VRR) is being expanded across the Crown Prosecution Service. Picture: Getty

It gives victims the chance for their case to be reviewed by a different prosecutor before any final decision is made, meaning proceedings can still continue if the original decision is overturned.

Before the early VRR system, a review could only be held after a final decision to offer no evidence was been made. In those cases, the only outcome of a successful review could be an explanation and an apology.

Campaigner Jade Blue McCrossen-Nethercott, who successfully sued the CPS after her rape case was dropped, said it was a “landmark moment for victims and survivors”.

She said: “For many victims, the decision to end a case can feel final, leaving unanswered questions and few opportunities to challenge the outcome.

“My own experience showed me how devastating it can be when a review comes too late to make a difference, even when mistakes are later identified.”

Siobhan Blake, the national CPS lead for rape and serious sexual offences, said: “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.”

She said two cases had continued as a result of the pilot scheme.

Victims’ commissioner Claire Waxman 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.”