FDA says better funding 'vital' to improve rape-prosecution figures

Union's survey of Crown Prosecution Service professionals flags court backlogs, staffing levels and IT woes as major issues
Scales of Justice at the Old Bailey

By Jim Dunton

13 Sep 2024

Civil service union the FDA has called on ministers to boost funding for the Crown Prosecution Service and improve its organisation if they want to deliver a step change in prosecution rates for rape and serious sexual offences.

A survey of union members at the CPS found more than 90% stated that inadequate staffing levels are a barrier to effective working within the organisation. A similar proportion blamed current court backlogs for inhibiting the prosecution of so-called RASSO cases.

Around 550 CPS staff took part in the FDA survey. Seventy-four percent of respondents said issues with technology inhibited their ability to work effectively.

The union says "full investment" in the nation's court system and new ways of working will be required if the new government is to meet its target of halving levels of violence against women and girls.

Its latest report on the CPS's work to increase RASSO prosecutions cites 2021's End-to-End Rape Review report to government, which said there had been a "serious decline" in the number of charges and prosecutions for rape over the previous five years. The FDA report said just 2.1% of rape cases currently lead to charges.

In addition to improved funding for the criminal justice system, the FDA report calls for the introduction of specialist RASSO courts with more effective guidance for judges and juries, and new prevention strategies that include improved outcomes in the justice system.

The FDA is also pushing for a new workforce strategy that includes recruiting additional criminal lawyers with RASSO experience and for improvements in the state of the HM Courts and Tribunals Service estate.

FDA general secretary Dave Penman acknowledged the new government's recent announcements in relation to spending pressures – including the "discovery" of a £22bn financial black hole. But he said the justice system could not be exposed to increased austerity.

"Against a difficult financial backdrop the government talks of the necessity of making tough choices," Penman said.

"However, if they are serious about achieving their mission to halve violence against women and girls they must listen to the voices of prosecutors and provide adequate funding and improve the organisation of the criminal justice system. This report is clear – without improved resourcing, no government can achieve a significant increase in prosecutions and deliver justice for the victims of these terrible crimes."

Ciara Bergman, chief executive officer of Rape Crisis, said the FDA's findings echoed the charity's calls for improvements to the criminal justice system.

"Victims and survivors are navigating a criminal justice system that is not fit for purpose," she said. "Access to specialist sexual violence support during this time can be life-changing and life-saving.

"For the government to meet its ambition of halving violence against women and girls in the next decade, we urge them to implement these recommendations and commit to long-term and sustainable funding for specialist support services."

Nick Emmerson, president of the Law Society of England and Wales, said the current backlog of cases in the criminal courts was a "massive barrier" to the timely prosecution of sexual offences.

"Increased resources for the Crown Prosecution Service and across the criminal justice system are essential to deal with this backlog," he said.

A CPS spokesperson said the organisation – which was led by new prime minister Keir Starmer from 2008 to 2013 – welcomed the FDA’s report and its acknowledgement of the hard work and dedication of staff.

"We are determined to deliver justice for victims of rape and serious sexual offences – to do so, we are investing in the development and wellbeing of our people to maintain a comprehensive and compassionate service for all," they said.

"More must be done to drive up the overall number of cases charged – we are providing extensive training and guidance to assist prosecutors and continue to work closely with the police from the earliest stage of an investigation to build strong cases from the outset.

"We are also improving our service to victims, so they have greater support throughout the process – including appointing specialist victim liaison officers in every part of the country."

The CPS said that the national charge rate for "rape-flagged" cases was 73.7%, meaning that seven out of every 10 cases brought to the organisation by police forces result in a charge.

It said the national conviction rate for rape-flagged cases was 60.2%.

The CPS added that it had "exceeded" its Rape Review resourcing commitment and recruited more than 194 full-time equivalent specialist staff into the RASSO workforce.

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