Question to the Attorney General:

To ask the Attorney General, what procedures are in place for reopening cases involving allegations of rape and serious sexual offences that have been administratively closed by the Crown Prosecution Service following a failure by the investigating police force to provide outstanding evidence.

Decisions to administratively finalise a case are now recorded in the CPS Case Management System (CMS) as “Pending response – further investigation” (PRFI). These are not legal decisions and may not be the end of the case. The CPS takes a proactive approach to case management and is clear that PRFI should only be used as a last resort.

The CPS has a standard process for following up with policing when a case is sent for a Full Code Test decision and returned to police with an action plan, such as where further evidence is requested. The National Operating Model for Adult Rape is clear that action plans should contain a suitable and realistic time frame for response, and a follow-up workflow created so the CPS can track and chase actions that have not been completed by police.

A CPS manager will check the status at 28 and 60 days post action plan date to provide oversight. This will lead to escalation where necessary to ensure the required material is received from the police. At the 60-day point, the police will be alerted that a case will be closed in the next 30 days if no response is provided.

The table below shows PRFI data for rape-flagged cases over the five-year period requested:-

In 2023, the CPS introduced new guidance on PRFIs to promote a more consistent approach. CPS Areas were asked to apply the new guidance as part of a one-off integration exercise. Sustained efforts have also been made to increase the volume of police referrals for adult-rape flagged cases, which in 2025/26 are up 26% since 2023/24, and charge volumes, which are up 50%. Improvements in consistency and increases in volumes have, in turn, resulted in an increase in PRFI volumes.

The CPS's obligations to inform victims about certain decisions are set out in the Victims' Code. This includes an obligation to inform victims of a decision not to charge a suspect. Under the Victims' Code, the Police are responsible for updating victims about their case throughout the investigation.

Regional Rape and Serious Sexual Assault Offences (RASSO) Joint Operational Improvement Meetings, chaired by Deputy Crown Prosectors and Policing Chief Inspectors, promote collective responsibility, partnership working and joint messaging across the CPS and police. Standing items at these meetings include PRFI cases and action plan proportionality.

The CPS recognises that delays in RASSO cases have significant impacts on victims and is working to reduce delay. Under the Victim Transformation Programme, all victims of rape have access to a dedicated Victim Liaison Officer who acts as a single point of contact within the CPS, and are offered the option of a pre-trial meeting with the prosecution team, to give them an opportunity to ask questions to better understand what happens at court.

The CPS is continuing to strengthen the collaboration with policing services to improve early interactions. This includes an offer of early advice, enabling the police to seek advice from a prosecutor during the early stages of the case. CPS have also updated guidance on best practice management of cases with multiple action plans to support earlier intervention, clear decision-making, focused action planning and effective CPS-Police engagement.

At the same time, Real Time Case Conversation guidance is being refreshed to make clear the ease and benefits of direct engagement between police and CPS. This joint work supports prosecutors and investigators to identify key evidential issues and agree an effective case strategy, potentially reducing the need for actions plans at a later stage.