Question to the Attorney General:

To ask the Attorney General, (a) how many and (b) what proportion of cases of rape reported to the CPS were administratively finalised in each year since 2010.

It is important to stress that ’administrative finalisation’ is not a prosecutorial decision. It is an administrative process where cases are closed on CPS’ electronic case management system. It does not necessarily mean the proceedings are at an end. Such cases may be reopened, if at a later date, new material is provided to the prosecution enabling a charging decision to be made.

Proceedings are administratively finalised when:

• The police seek early investigative advice from the CPS and did not resubmit the case to the CPS for a charging decision. In these instances, the case enters the CPS records but was never actually referred for a charging decision.

• The police do refer a case to the police but there is insufficient evidence to bring a charge, sothe CPS ask the police to complete an action plan in order to improve the evidence. If the police are unable to respond to the action plan or decide not to pursue the matter, then the case will be ‘administratively finalised’ on the CPS system because the police cannot bring forward a case with sufficient evidence to charge.

There was a 9% reduction in referrals from the police between 2016/17 and 2017/18. During this period, the percentage of cases resulting in no further action remained largely unchanged. There was, however, a significant increase in both the volume and percentage of cases administratively finalised. This is largely because of internal CPS administrative processes, reminding users to ‘administratively finalise’ cases where the police had requested early advice but had not resubmitted.

This coincided with an increase in the number of cases where the police have not responded to early investigative advice or an action plan has resulted in a rise in the number of administrative finalisations.

The table below shows the outcome of all referrals from the police for a pre charge decision, and show both the volume and the rates of these outcomes

TABLE KEY:

• Decision to charge: Prosecutors must be satisfied there is enough evidence to provide a "realistic prospect of conviction" against each defendant and that the prosecution is in the public interest.

• Take no further action: This is a prosecutorial decision based on an assessment that there is insufficient evidence to provide a “realistic prospect of conviction” or that a prosecution is not in the public interest. The case may be reopened if the police provide further evidence or the victim successfully appeals the decision under the victims right to review;

• Out of Court Disposal: Out of court disposals include a caution, conditional caution or the recommendation that the offence is taken into consideration with other charges;

• Other: the result of the charging decision is not known or has not been given for that suspect.

Data Source: CPS Case Management Information System