Investigation and prosecution of rape

Home Affairs Committee Closed Inquiry
Opened: 21 Apr 2021 Closed: 1 Feb 2024 Parliament page
As part of the Committee’s overarching work into violence against women and girls, the Committee wishes to explore the key question of why rape prosecutions are falling. Read the terms of reference for more detail about this work. The Committee is keen to understand from victims and survivors of rape … Read more
24 Recommendations
12 Conclusions
1 Report
6 Oral sessions
10 Letters
6 Events
Activity timeline 24 events
7 Sep
2022
Correspondence
7 Sep
2022
Correspondence
7 Sep
2022
Correspondence
7 Sep
2022
Correspondence
7 Sep
2022
Correspondence
7 Sep
2022
Correspondence
25 Jul
2022
Report published
22 Jun
2022
Correspondence
18 May
2022
Correspondence
18 May
2022
Correspondence
12 Apr
2022
Report published
9 Feb
2022
Correspondence
Oral evidence sessions 6 sessions
15 Dec 2021
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Jaee Samant · Home Office Jerome Glass · Ministry of Justice Rachel Maclean · Home Office
13 Dec 2021
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Max Hill QC · Crown Prosecution Service
1 Dec 2021
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Derek Sweeting QC · The Bar Council Ellie Cumbo · The Law Society Kirsty Brimelow QC · The Criminal Bar Association Professor Penney Lewis · The Law Commission
20 Oct 2021
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Baroness Stern CBE David Tucker · College of Policing Donna Jones Rt Hon Lady Dorrian Rt Hon Sir John Gillen Sarah Crew
7 Jul 2021
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Dr Olivia Smith · Loughborough University Professor Betsy Stanko OBE · Project Bluestone Professor Cheryl Thomas · UCL
23 Jun 2021
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Amelia Handy · Rape Crisis England and Wales Dame Vera Baird QC Duncan Craig OBE · Survivors Manchester Ellie Ball · Cambridge Rape Crisis Centre Emily Hunt Rosie Lewis · Imkaan
Title HC No. Published Items Response
Eighth Report - Investigation and prosecution of rape HC 193 12 Apr 2022 36 Responded
Recommendations & Conclusions
36 results
1 Conclusion Accepted
Eighth Report - Investigation and …
Unacceptable low volumes of rape charges and prosecutions failing adult victims
Exceptionally low volumes of rape charges and prosecutions are unacceptable. Adult victims and survivors of rape are being failed by our criminal justice system. Rape is undoubtedly a complex, difficult and traumatic crime to investigate and prosecute successfully. However, that … Read more
Government Response
The government acknowledges the unacceptably low volumes of rape prosecutions, announcing the expansion of Operation Soteria into 14 more police force areas. It commits to continued publication of progress updates and data dashboards, and to writing to the Committee every six months.
Home Office
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2 Conclusion Acknowledged
Eighth Report - Investigation and …
Government rightly prioritising reversing falling rape prosecutions and restoring public confidence
It is right that the Government is focusing on reversing the falling volumes of prosecutions and restoring people’s confidence in reporting, and we welcome the priority that has been placed on this pressing undertaking through the End-to-End Rape Review. Read more
Government Response
The government is exploring ways to link data across criminal justice agencies, building on a proof-of-concept tool from Avon and Somerset Police and CPS South West. Ministers commit to writing with further detail on these efforts.
Home Office
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3 Conclusion Deferred
Eighth Report - Investigation and …
Achieving 2016 rape prosecution levels insufficient, confidence in reaching target low
Whilst returning the volume of rape cases being dealt with to 2016 levels, as the Rape Review aims for, would be a step in the right direction, it should not be considered a success in and of itself, given that … Read more
Government Response
The government did not directly address the need for greater and faster progress in rape prosecutions, instead committing to improve the collection and publication of data on victims' protected characteristics and compliance with the Victims' Code through a new Victims Bill.
Home Office
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4 Conclusion Deferred
Eighth Report - Investigation and …
Unclear how Government will hold partners accountable for increasing rape prosecution volumes
We are encouraged by the commitment to measuring progress through the performance scorecards and progress updates. However, it is unclear how the Government will hold operationally independent partners to account for their role in increasing the volume of rape prosecutions, … Read more
Government Response
The government did not address how it will hold operationally independent partners accountable for increasing rape prosecutions, instead detailing its work on strengthening victim support services, including publishing a refreshed National Statement of Expectations and VAWG Commissioning Toolkit.
Home Office
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5 Recommendation Deferred
Eighth Report - Investigation and …
Mandate Government to specify operational partner accountability for increasing rape prosecution volumes
We recommend that if the progress updates demonstrate that the review is not having its intended impact, the Government react quickly and effectively, putting in place alternative actions. In its next progress update, the Government must set out exactly how … Read more
Government Response
The government recognised potential benefits of a dedicated commissioner for victims of sexual violence and abuse and is considering this, with an update promised in due course, but did not address the committee's specific recommendations on reacting to lack of progress, holding operational partners accountable, NCJB reform, or ministerial updates.
Home Office
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6 Recommendation Deferred
Eighth Report - Investigation and …
Mandate Home and Justice Secretaries to detail criminal justice data linking aims and methodology
As the Government’s data note on the performance scorecards makes clear, it is not possible to accurately track individual offences or defendants across the criminal justice system for the purposes of statistical reporting. We welcome the fact that work to … Read more
Government Response
The government outlined funding and progress for Operation Soteria, aiming for a national operating model by June 2023, but did not address the committee's specific request for further details on data linking work, its aims, methodology, and timescales.
Home Office
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7 Recommendation Deferred
Eighth Report - Investigation and …
Mandate Home Office and MoJ to collect and publish ethnicity data for rape victims
It is important that the justice system captures data about victims that can give insight into whether their protected characteristics might affect their criminal justice journeys. We recommend that the Home Office and the Ministry of Justice work with the … Read more
Government Response
The government discussed existing work and funding for initiatives addressing vulnerability, such as the d/Deaf Access to Policing Strategy and the Vulnerability Knowledge and Practice Programme, and committed to updating the Committee on this within 12 months, but did not specifically commit to collecting and publishing ethnicity data for rape victims.
Home Office
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8 Recommendation Deferred
Eighth Report - Investigation and …
Ensure long-term, sustainable commissioning and funding models for specialist rape victim support services
The provision of specialist support to victims and survivors of rape is vital, given the devastating impact of sexual violence and the difficulties complainants face during the investigation and prosecution process. The Government’s research into what rape victims need from … Read more
Government Response
The government agreed on the importance of specialism in policing rape and sexual offences, highlighting police recruitment, training initiatives, and Operation Soteria to develop a national operating model, but did not address the recommendation on long-term funding and commissioning models for specialist victim support services.
Home Office
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9 Recommendation Acknowledged
Eighth Report - Investigation and …
Undertake comprehensive mapping and monitoring of specialist sexual violence and abuse support services
It is essential that the Government and other commissioning bodies have an understanding of the level of need and the current availability of specialist sexual violence and abuse services, including counselling and therapy and the support offered by Independent Sexual … Read more
Government Response
The government stated that data on specialist services is not centrally collated and committed to working to better understand data in this area, providing an update in due course, and also mentioned a new blended learning program for police officers.
Home Office
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10 Recommendation Deferred
Eighth Report - Investigation and …
Consider establishing or expanding a dedicated commissioner for sexual violence and abuse with adequate powers
We agree with HMICFRS and HMCPSI that the Government should consider the merits of either establishing a dedicated commissioner for sexual violence and abuse or expanding the existing responsibilities and powers of one of our existing commissioners. The relevant commissioner … Read more
Government Response
The government outlined its commitment to improving mobile phone data analysis for rape investigations, including a £5 million rollout of technology and work on selective extraction, and completed a consultation on legal support for victims regarding personal information requests. It did not address the recommendation about establishing a dedicated commissioner.
Home Office
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11 Recommendation Accepted
Eighth Report - Investigation and …
Inconsistent funding for Operation Soteria hinders effective implementation of police rape response improvements
It is clear that the way the police respond to reports of rape is vital when it comes to increasing the volumes of rape charges and prosecutions. We welcome the focus on improving these volumes, for example through the Police-CPS … Read more
Government Response
The government committed an additional £5 million this financial year to continue Operation Soteria in five pathfinder forces and expand it to a further 14 police force and CPS areas, with the aim of developing a new national operating model by June 2023.
Home Office
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12 Recommendation Accepted
Eighth Report - Investigation and …
Provide update on Operation Soteria expansion, outlining participating forces, funding, and future assurances.
In the next Rape Review Progress Update, the Government must provide an update on Operation Soteria, outlining the 14 police forces and corresponding CPS areas that will be taking part next, as well as the funding available for that expansion, … Read more
Government Response
The government has accepted the recommendation, committing an additional £5 million this financial year to expand Operation Soteria into 14 more police force and CPS areas, with a new national operating model due in June 2023.
Home Office
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13 Recommendation Not Addressed
Eighth Report - Investigation and …
Police provisions for deaf domestic abuse and sexual violence survivors are inadequate.
In light of the challenges deaf survivors of domestic abuse and sexual violence told us they had experienced when engaging with the police, we would also urge the Home Office to undertake work with police forces across England and Wales … Read more
Government Response
The Home Office does not address the specific recommendations regarding provisions for deaf survivors of domestic abuse and sexual violence. Instead, it states that the data is not currently collated centrally and mentions a new blended learning programme for police officers unrelated to the recommendation's specifics.
Home Office
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14 Conclusion Deferred
Eighth Report - Investigation and …
Government inaction on establishing effective specialist police rape teams is disappointing.
We are disappointed that, despite the difference that specialist police rape teams make, the Government has not done more to ensure such teams are in place.
Government Response
The government detailed efforts to improve communication with victims, referencing the CPS and police's Joint National Action Plan, refreshed victim letters, and independent research on victim needs, but did not address the committee's disappointment regarding the lack of specialist police rape teams.
Home Office
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15 Recommendation Deferred
Eighth Report - Investigation and …
Encourage police forces to establish specialist rape teams and provide necessary support.
The Government must strongly encourage police forces without specialist police rape teams to put such teams in place. Since the policing of violence against women and girls is to be added to the Strategic Policing Requirement, putting specialist police rape … Read more
Government Response
The government responded by detailing the Victims’ Right to Review scheme, explaining how it provides an opportunity for victims to have their cases reviewed, and outlined its commitment to publishing VRR data and using internal VRR analysis for learning and staff training, but did not address the recommendation for establishing specialist police rape teams.
Home Office
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16 Conclusion Deferred
Eighth Report - Investigation and …
Home Office lacks data on RASSO-trained police officers, rendering uplift figures misleading.
It is very concerning that the Home Office does not have the numbers of police officers who are RASSO-trained. The emphasis on the uplift programme in the Rape Investigation and prosecution of rape 79 Review Progress Update is also potentially … Read more
Government Response
The government outlined the timeline and publication of the CPS' Pre-trial Therapy Fundamental Principles and updated pre-trial therapy guidance, following the Attorney General’s Office review of its Disclosure Guidelines, but did not address the committee's concerns about data on RASSO-trained police officers.
Home Office
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17 Recommendation Deferred
Eighth Report - Investigation and …
Collect and publish data on specialist rape teams and RASSO-trained officers in all forces.
The Government must start collecting and publishing data on the number of police forces with specialist police rape teams in place, and the number of police officers with specialist rape and serious sexual offences (RASSO) training in each force (for … Read more
Government Response
The government stated that the Ministry of Justice has asked the Law Commission to conduct a review of the use of evidence in sexual offence cases, and that it will work with the Law Commission as their findings emerge, but did not address the recommendation to collect and publish data on specialist police rape teams and RASSO-trained officers.
Home Office
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18 Conclusion Deferred
Eighth Report - Investigation and …
Government ambition for rape victims' mobile phones lacks a comprehensive, costed implementation plan.
We welcome the Government’s ambition to ensure no victim of rape will be without a mobile phone for more than 24 hours by 2024, and the extra funding to support certain police forces to analyse digital evidence effectively. However, this … Read more
Government Response
The government mentioned ongoing consultations by the Ministry of Justice and Home Office regarding legal support for victims and police requests for third-party material, but did not commit to a costed plan for police forces to implement the 24-hour mobile phone return policy.
Home Office
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19 Conclusion Accepted
Eighth Report - Investigation and …
Government lacks priority for legal advice for victims on disclosure decisions, despite benefits.
Although we support the Government’s upcoming consultation with victims’ groups on enhancing support and legal advice for victims on disclosure decisions, we have concerns that the Government is not placing a high priority on the question of legal advice for … Read more
Government Response
The government committed to addressing inconsistent pre-trial therapy, launched a draft Victims Bill requiring integrated support commissioning, published a Victims Funding Strategy for multi-year funding, announced £6.6m in additional funding for support services and training, and launched a consultation on enhancing legal advice for victims on disclosure requests.
Home Office
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20 Recommendation Acknowledged
Eighth Report - Investigation and …
Extend Sexual Violence Complainants’ Advocate Scheme pilot to diverse demographic and geographic areas.
The Government should further pilot the Sexual Violence Complainants’ Advocate Scheme, first offered in Northumbria. This pilot should be extended to areas with differing demographic and geographic profiles. This would empower and support complainants to understand better and deal with … Read more
Government Response
The government stated it will continue working with partners to understand and identify improvements in sexual violence and abuse services, including considering strengthening counselling and therapy provision, but did not commit to further piloting the Sexual Violence Complainants’ Advocate Scheme.
Home Office
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21 Recommendation Deferred
Eighth Report - Investigation and …
Widen pilot to include legal advice for victims on sexual history applications.
The Government should also consider widening any such pilot so that people would also be able to benefit from legal advice on sexual history applications.
Government Response
The government referred to the CPS Rape Strategy Update and the refresh of the Joint National Action Plan (JNAP), focusing on broader CPS efforts and data, but did not address the recommendation to consider widening a pilot for legal advice on sexual history applications.
Home Office
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22 Recommendation Deferred
Eighth Report - Investigation and …
Commit to offering independent legal advice to all rape victims, subject to pilot success.
If engagement with victims’ groups as promised by the Rape Review Progress Update demonstrate support and the need for independent legal advice, the Government must commit to offering legal advice to all victims of rape, subject to the success of … Read more
Government Response
The government committed to the national rollout of section 28 (pre-recorded cross-examination) for sexual and modern slavery complainants, with implementation ongoing across Crown Courts, and is consulting on criminal legal aid fee scheme changes to reflect this work, but did not commit to offering legal advice to all victims.
Home Office
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23 Conclusion Accepted
Eighth Report - Investigation and …
CPS plays instrumental role in increasing rape prosecutions and improving victim experiences.
The role of the CPS is instrumental when it comes to increasing the volume of rape prosecutions and bringing more perpetrators to justice if guilty, as well as improving victims’ experiences of the criminal justice system. (Paragraph 136) 80 Investigation … Read more
Government Response
The government committed to improving victim experience and evidence quality by updating CPS guidance on special measures (Section 25), commencing automatic eligibility for special measures under the Domestic Abuse Act 2021, sharing a 'Best Practice Framework' with Crown Courts, and rolling out pre-recorded cross-examination (Section 28) nationally to all Crown Courts.
Home Office
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24 Conclusion Deferred
Eighth Report - Investigation and …
CPS victim communication needs improvement, suggesting video link as general practice.
We have heard from victims and survivors that the CPS’s level and quality of communication could be more effective and sensitive. We welcome the fact that the CPS has designed new letters to engage better with victims at key moments. … Read more
Government Response
The government committed to working with the judiciary to reduce waiting times and prioritize vulnerable cases, and is launching pilots of enhanced specialist sexual violence support in specific Crown Courts to improve in-court support and tackle backlogs, but did not commit to the CPS adopting video link communication with complainants.
Home Office
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25 Recommendation Accepted
Eighth Report - Investigation and …
Require police and CPS to publish analysed data on Victims' Right to Review Scheme.
Given some victims and survivors’ negative experiences of the Victims’ Right to Review Scheme, we agree with Rape Crisis England and Wales that the Government require the police and the CPS to publish data covering how many cases are submitted … Read more
Government Response
The CPS already publishes annual data on VRR receipts and outcomes broken down by principal offence category. They are working to enhance VRR data and plan to publish it more frequently in the next financial year, but do not specifically commit to all requested breakdowns like gender, ethnicity, or reasons for review decisions.
Home Office
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26 Conclusion Accepted
Eighth Report - Investigation and …
Rape victims fear accessing mental health support due to disclosure concerns.
We were particularly concerned to hear that victims and survivors of rape may feel they need to—or are advised to—put off accessing mental health support as they fear that their counselling or therapy notes and records could be disclosed to … Read more
Government Response
The CPS published Pre-trial Therapy Fundamental Principles in February 2022 and updated its pre-trial therapy guidance in May 2022, following a public consultation and review of the Attorney General's Disclosure Guidelines, to address concerns about therapy notes disclosure.
Home Office
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27 Recommendation Accepted
Eighth Report - Investigation and …
Work with CPS to enable urgent publication of pre-trial therapy guidance.
We recommend that the Government work with the Crown Prosecution Service so that it is possible for the organisation to publish its guidance on pre-trial therapy as soon as possible. We understand the Crown Prosecution Service has been waiting on … Read more
Government Response
The government confirms that the Crown Prosecution Service published its updated pre-trial therapy guidance on 26 May, aligning with the publication of the Attorney General’s Disclosure guidelines, thus fulfilling the recommendation.
Home Office
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28 Recommendation Rejected
Eighth Report - Investigation and …
Ask Law Commission to publish early recommendations on pre-trial therapy and disclosure of notes.
We welcome the fact that the Law Commission’s project will be covering access to counselling and therapy notes and records. However, we are concerned that, as the Law Commission will not be reporting until summer 2023, victims and survivors could … Read more
Government Response
The government rejected the recommendation to ask the Law Commission to publish separate recommendations on pre-trial therapy and disclosure earlier, stating that the legally complex area requires extensive consultation and time for the comprehensive review.
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29 Recommendation Accepted
Eighth Report - Investigation and …
Legal advice pilot for complainants must consider support for therapy record applications.
The pilot of the provision of legal advice to complainants—which we recommended at paragraph 125 above—should take account of support in relation to applications for counselling or therapy records.
Government Response
The Ministry of Justice's legal support consultation explored enhancing victims' access to legal advice regarding requests for personal information, and the Home Office launched a consultation on police requests for third-party material, directly addressing the recommendation for support related to counselling records.
Home Office
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30 Recommendation Accepted
Eighth Report - Investigation and …
Ensure all victims needing counselling and pre-trial therapy can access it.
The Government must ensure that counselling and therapy, including pre-trial therapy, can be accessed by all victims and survivors who need it. We welcome the Government’s funding for Independent Sexual Violence Advisors (ISVAs) but are mindful of Rape Crisis England … Read more
Government Response
The government acknowledges inconsistent pre-trial therapy provision and commits to considering interventions. It also outlined an additional £6.6 million for vital support services, a £20 million increase in NHS funding, and policy changes through the Victims Bill and Funding Strategy to improve access to support services.
Home Office
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31 Recommendation Accepted
Eighth Report - Investigation and …
Ensure comprehensive mapping of sexual violence services assesses counselling and therapy provision.
Any comprehensive mapping and monitoring exercise, covering the provision of specialist sexual violence and abuse services in England and Wales, that the Government undertakes (as we recommend) must take account of the need for and availability of counselling and therapy … Read more
Government Response
The government committed to continuing to work with partners to map specialist sexual violence and abuse services, explicitly stating this will include joint working with the NHS and DHSC to consider and strengthen counselling and therapy provision.
Home Office
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32 Recommendation Accepted
Eighth Report - Investigation and …
Progress on RASSO 2025 and JNAP requires regular, updated publication to build public confidence.
The actions the CPS is taking to drive up the number of rape prosecutions are positive and to be welcomed. However, given the continued low volume of rape prosecutions, and the concerns we heard around the gap between policy and … Read more
Government Response
The CPS published a Rape Strategy Update in February 2022, and the CPS and NPCC committed to providing regular updates against key strategies. The refreshed Police-CPS Joint National RASSO Action Plan (JNAP) was soft-launched in June and formally published in Summer 2022, as recommended.
Home Office
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33 Recommendation Accepted
Eighth Report - Investigation and …
Significant obstacles hinder successful national roll-out of Section 28 for vulnerable witnesses.
It is evident that even when people’s cases do make it to court, their experience of the trial can be very difficult. We welcome the national roll-out of section 28 of the Youth Justice and Criminal Evidence Act 1999 to … Read more
Government Response
The government is rolling out section 28 nationally to all Crown Courts for sexual offence and modern slavery complainants and is engaging with criminal justice stakeholders, including counsel, to address implementation obstacles. The Ministry of Justice is also consulting on changes to the legal aid fee scheme to reflect section 28 work.
Home Office
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34 Recommendation Not Addressed
Eighth Report - Investigation and …
Consult judiciary and legal sector on widening private evidence use as a special measure.
We recommend that the Government consult with the judiciary and wider legal sector on evidence given in private as a special measure. Any such consultation should examine its use, given HMICFRS and HMCPSI have found that it can be underused, … Read more
Government Response
The government did not commit to the requested consultation on widening the use of evidence given in private as a special measure for rape complainants, nor did it address considering approaches in other jurisdictions. Instead, it highlighted general improvements to special measures, such as updated CPS guidance for Section 25 and the rollout of Section 28 pre-recorded cross-examination.
Home Office
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35 Conclusion Accepted
Eighth Report - Investigation and …
Court backlog remains a significant concern, disproportionately affecting rape and serious sexual offences.
We welcome the £1 billion in the recent Spending Review to increase capacity across the court estate and support recovery from the impact of the pandemic. However, we remain concerned by the size of the backlog, particularly as rape and … Read more
Government Response
The government acknowledges the backlog concerns, stating its commitment to reduce waiting times, ongoing judicial prioritisation, and launching pilots of enhanced sexual violence support in specific Crown Courts to tackle the backlog.
Home Office
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36 Recommendation Acknowledged
Eighth Report - Investigation and …
Work with judiciary to guarantee fixtures for all rape and serious sexual offence trials.
We urge the Government to work with the judiciary to explore what more could be done to ensure fixtures for all rape and serious sexual offence trials are guaranteed. This would help address the severe delays many complainants and defendants … Read more
Government Response
The government is committed to working with the judiciary to reduce delays, noting that judges prioritize vulnerable cases and aim to provide fixed trial dates for serious sex cases wherever possible, while highlighting that case allocation remains a judicial responsibility.
Home Office
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Government Response AI assessment · 36 of 24 classified
Accepted 14
Acknowledged 4
Deferred 15
Not Addressed 2
Rejected 1
Total 24 recs + 12 conclusions
Correspondence 10 letters
7 Sep 2022 From committee Letter to the Home Secretary and the Deputy Prime Minister on the government response to the report on Investigation and Prosecution of Rape, dated 27 July 2022
Parliament page
7 Sep 2022 From committee Letter to Minister for Safeguarding on Government consultation on police requests for Third Party Material, dated 27 July 2022
Parliament page
7 Sep 2022 To committee Letter from Minister for Safeguarding on Government consultation on police requests for Third Party Material consultation, dated 9 August 2022
Parliament page
7 Sep 2022 To committee Letter from the Director of Public Prosecutions on the Victims’ Right to Review Scheme, dated 30 August 2022
Parliament page
7 Sep 2022 From committee Letter to the Director of Public Prosecutions on the Victims’ Right to Review Scheme, dated 27 July 2022
Parliament page
7 Sep 2022 To committee Letter from the Home Secretary and the Deputy Prime Minister on the government response to the report on Investigation and Prosecution of Rape, dated 30 August 2022
Parliament page
22 Jun 2022 To committee Letter from the Minister of State for Justice on improving the criminal justice system response to rape, dated 15 June 2022
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18 May 2022 From committee Letter to the Home Secretary on the investigation and prosecution of rape, dated 11 April 2022
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18 May 2022 To committee Letter from the Home Secretary on the investigation and prosecution of rape, dated 10 May 2022
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9 Feb 2022 To committee Letter from the Minister for Safeguarding following her appearance before the Committee on 15 December 2021, dated 1 February 2022
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