Lord Sandhurst

Good quality prosecutorial advocacy underpins our ability to deliver timely justice. The criminal justice system needs a resilient supply of advocates – both prosecution and defence – and the Crown Prosecution Service (“CPS”) recognises that this is currently proving challenging, particularly in rape cases. Addressing this shortfall is a priority for the CPS.

The CPS Advocate Panel is a time-limited quality-assured list of external junior advocates – self-employed barristers and solicitor agents – who undertake criminal prosecution advocacy for the CPS.

There are currently around 770 advocates on the CPS’ specialist Advocate Panel for Rape and Serious Sexual Offences (the “RASSO Panel”). Whilst there has been a decline in numbers over the past five years, there has been a notable increase of just under 100 RASSO Panel advocates during the last 12 months.

Notwithstanding this increase, with RASSO caseloads at record levels, further action is needed to drive up numbers to provide sufficient counsel. The CPS has taken steps to do so, which have included revising the entry requirements for the RASSO Panel, moving away from a written application for experienced advocates but still requiring them to have completed CPS-accredited RASSO training (or commit to do so within 3 months). A further change to support the progression of advocates into RASSO work and improving the pipeline will be announced later this month.

The CPS is also working with the Bar to improve the provision of RASSO training, to support wellbeing, and to promote the fact that – notwithstanding the challenges – RASSO work can be hugely fulfilling and support career progression.

The Government recognises the critical role third-party litigation funding plays in ensuring access to justice.

Following the PACCAR judgment, concerns have been raised about the need for greater regulation of Litigation Funding Agreements, or greater safeguards for claimants.

The Government is keen to ensure access to justice in large-scale and expensive cases, whilst also setting up adequate safeguards to protect claimants from unfair terms.

The Civil Justice Council is considering these questions and others in its review of third-party litigation funding, and hopes to report in summer 2025. The Government will take a more comprehensive view of any legislation to address issues in the round once that review is concluded.

There are no plans to impose a duty on the Courts to suspend custodial sentences of 12 months or less.

We intend to launch an independent review of sentencing. While the terms of reference are not yet defined, this will look to ensure the sentencing framework is consistent and clear to the public. We will announce more details of this review in due course.