Rape: Criminal Prosecutions

James Daly Excerpts

Tuesday 28th June 2022 Commons Chamber

[Victoria Atkins]

The hon. Lady hits on a sensitive point, in that the “Code for Crown Prosecutors” sets out the tests that prosecutors must apply, not simply in cases of sexual violence but across all criminal cases, and the threshold of 51% or thereabouts for the evidential stage. This means that, as we know from speaking to victims, there are occasions when the CPS does not believe that test has been met, which is why the roll-out of Operation Soteria, both across police forces and across CPS regions, is so important. In this effort for non-defensive transparency, the CPS is looking at its own actions and ensuring that the right standards are being met, for example in the application of the test and in disclosure. All of this is being lined up to ensure that the law is applied properly and appropriately. We have also reformed disclosure guidelines recently, in order to help the police and the CPS make important decisions about whether material needs to be gathered at all and, if it does, whether it meets the very specific circumstances in which it falls to be disclosed.

[James Daly (Bury North) (Con)]

I welcome the increase in the conviction rates. Having worked closely with my hon. Friend, I have witnessed her determination to address the underlying issues and find solutions for victims of serious sexual offending throughout the country. The issue we have missed out of this debate is that the vast majority of cases are not even referred to the CPS by the police. My concern is that unless there is a slam dunk, an overwhelming case, victims are being penalised, so that those who have addiction or mental health problems are being viewed as unreliable witnesses by the police and their cases are not even being referred. How does she feel about that? What steps are being taken to address the issue?

[Victoria Atkins]

I thank my hon. Friend, who brings his professional expertise into this Chamber. He is right to say that the focus on a victim’s credibility has in the past meant that too many cases are dropped when they should not be. We have therefore had the roll-out of this suspect-focused investigation technique, Operation Soteria, across the first five forces, and that learning is being shared nationally ahead of the national roll-out next year. This is what will make the real difference, both to the police and to the CPS.