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West Midlands scheme to give sexual offences victims right to case reviews
West Midlands scheme to give sexual offences victims right to case reviews

BBC News

time10 hours ago

  • Politics
  • BBC News

West Midlands scheme to give sexual offences victims right to case reviews

Victims of rape and serious sexual assaults in the West Midlands are to get the right to have their cases reviewed if charges are the current system, criminal cases can be stopped if a prosecutor decides there is not a realistic prospect of a pilot scheme launched this week in the region will allow victims to challenge that decision by asking a different prosecutor to review the Attorney General's Office said a criminal case would then proceed if that second prosecutor believed there was enough evidence. The pilot, which is part of the government's pledge to halve violence against women and girls, will initially run for six months, with each case evaluated individually before a decision is later taken on the future of the government said it had recognised the need to progress reviews in a way that was also fair to is hoped the project will help improve confidence in the justice system."This government is treating violence against women and girls with the seriousness it deserves," Solicitor General Lucy Rigby said."There is much more to do, but this is a further step towards the criminal justice system that victims deserve, and one which will ultimately make Britain's streets safer." 'Profoundly failed' Jade Blue McCrossen-Nethercott campaigned for a change after the Crown Prosecution Service (CPS) dropped her case by offering no evidence in court.A review afterwards found the prosecution should have gone ahead, but it could not be reinstated."I was profoundly failed and let down by how my case was handled, but I've since seen people within the CPS who are genuinely working to make it better," she said."I'm hugely excited about what this pilot could mean for victims, and I hope it proves successful enough to be rolled out across the country." Siobhan Blake, CPS lead for rape and chief crown prosecutor in the West Midlands, said the prospect of cases being stopped could be devastating for requests for a review can currently be made, if the case has already been stopped in court there is nothing that can be done to reactivate it."This pilot offers greater reassurance for victims," Ms Blake said."It means that they will be alerted to the prospect of their case being stopped earlier, so that they can ask for a review by a different prosecutor."If the original decision is reversed then the case will continue, but even if it can't, we hope that victims will have more confidence in the process and the earlier scrutiny of our decision making."The CPS said the pilot could be rolled out nationwide if it was successful in the West Midlands. Follow BBC Stoke & Staffordshire on BBC Sounds, Facebook, X and Instagram.

Rape victims can challenge dropped cases after sexsomnia fiasco
Rape victims can challenge dropped cases after sexsomnia fiasco

Telegraph

timea day ago

  • Health
  • Telegraph

Rape victims can challenge dropped cases after sexsomnia fiasco

Victims of rape and serious sexual assaults will get the right to challenge prosecutors' decisions to drop their cases. Labour is to pilot a scheme in which rape victims can secure an independent review if prosecutors are planning to abandon their case because they believe there is insufficient evidence. Under the current system, criminal cases can be stopped at any point if a prosecutor decides there is no longer a realistic prospect of conviction. Under changes announced on Thursday, victims of rape or serious sexual abuse will be offered the right for a different independent prosecutor to review the evidence before any final decisions are made. If that prosecutor determines there is enough evidence, the case will continue. The move follows a campaign by Jade Blue McCrossen-Nethercott, 32, after her rape case was dropped amid claims that she could have had an episode of 'sexsomnia'. An 'important first step' Ms McCrossen-Nethercott received £35,000 in compensation and an apology from the Crown Prosecution Service (CPS) for its decision to drop the case before the evidence had been tested in court. She contacted police in 2017 because she thought she had been raped while asleep. She said she had woken up half-naked, finding her necklace broken on the floor. But charges were dropped by the CPS days before a trial was scheduled to begin after lawyers for the alleged perpetrator claimed Ms McCrossen-Nethercott had sexsomnia – a medically recognised, but rare, sleep disorder that causes a person to engage in sexual acts while asleep. She welcomed the pilot scheme to be run in the West Midlands as an 'important first step'. 'It can't undo the harm already done to victims like me, but it's real, tangible progress, and I hope it marks the beginning of a fairer system, one where victims' voices are not just heard, but acted on,' said Ms McCrossen-Nethercott. Victims already have the right to challenge a decision not to charge suspects once it has been taken, but the pilot scheme will extend that right to before prosecutors decide to drop a case. 'Make Britain's streets safer' Lucy Rigby, Labour MP and Solicitor General, wrote in an article for The Telegraph: 'The existing scheme is already an important tool in delivering justice, but this new commitment from the CPS will extend that right, so that victims are further empowered to question decisions made in their cases, resulting in fewer cases falling through the cracks and more offenders brought to justice. 'Beginning on Friday, the pilot will become operational in the West Midlands. If it is a success, we will look to extend this across the country to support all victims of rape and serious sexual assaults. 'We know there is much to do to fix the justice system. But this is a vital step towards building the system that victims deserve and ultimately make Britain's streets safer.' Just one in 40 (2.6 per cent) rape offences resulted in a charge in the year ending March 2024, up from 2.1 per cent in the previous year, but a fraction of the 12 per cent charge rate in 2014. Labour has committed to halving violence against women and girls and will publish its strategy on how to achieve that this summer. The plan has inherited a series of initiatives by the last government and police, including an overhaul to focus investigations on perpetrators rather than testing the credibility of victims. Police chiefs have pledged to apply the same investigative and disruptive tactics to rapists as they do to organised crime bosses, where they are pursued by police even if victims withdraw their complaints. We can't leave victims to go on suffering Our broken criminal justice system is in dire need of repair, which is why our pilot scheme aims to empower victims of rape and sexual assault to question decisions made in their cases, writes Lucy Rigby KC MP. Too often, victims of violence against women and girls are let down by our criminal justice system, compounding what is already a traumatic experience. I have strong views on the reasons why. Chief among them: 14 years of governments whose approach was nothing short of negligent. This resulted in too few bobbies on the beat, overflowing prisons and a record backlog in our courts, leaving victims of very serious crimes waiting years to see perpetrators in court. In short, a broken criminal justice system in desperate need of repair. The impact on victims and public trust in the justice system was significant. A creaking criminal justice system undermines one of the basic principles fundamental to our democracy: the rule of law. That is to say the law applies to everyone equally and all must have access to justice. This happened despite the work of thousands of dedicated public servants to protect us all. I've met many of them – including the prosecutors from across the country that dedicate their careers to sifting through evidence, often in harrowing crimes, to build a case and pursue justice on behalf of victims. Empowering rape victims This Government has begun the difficult task of fixing our criminal justice system as part of the Plan for Change, in which we pledge to halve violence against women and girls in a decade. To achieve this, we are putting domestic abuse specialists into 999 control rooms, introducing new Domestic Abuse Protection Orders, doing more to effectively tackle spiking, stalking and coercive behaviour. That means better support in place for victims and giving them the confidence that specialists are helping them. These changes will also see more police on our streets, locking up abusers, but importantly – getting quicker justice and support for those suffering at the hands of perpetrators of these horrific crimes. As Solicitor General, I've heard heart-wrenching accounts of women's experience of the criminal justice system – sometimes lasting years – which have seriously impacted their mental health, wellbeing and relationships. We cannot let this go on, which is why we are ensuring that adult victims of rape and serious sexual offences will have access to a dedicated victim liaison officer, as well as pre-trial meetings, so that they feel more prepared for court. The right to question But we have to do more. In particular, it is vital that our criminal justice system further empowers victims to best navigate it. It was Prime Minister Keir Starmer who, as the director of public prosecutions, launched the Victims' Right to Review Scheme in 2013, to give victims and bereaved families the right to challenge decisions not to charge suspects or drop cases. Leading victims' rights voices, like Jade Blue McCrossen-Nethercott, the Centre for Women's Justice, Dame Vera Baird and Claire Waxman OBE, the Victims' Commissioner, have recognised the success of this scheme and that is why we are extending it to better support more victims. A new pilot launched this week will give survivors of rape and serious sexual assault the right to have their case reviewed before CPS makes any final decisions. Currently, criminal cases can be stopped at any point if a prosecutor decides there is no longer a realistic prospect of conviction. For the first time, survivors of rape or serious sexual abuse will be offered the right to request a review by a different prosecutor before their case is dropped. Where a review finds that the initial decision was wrong, the case against the accused will continue. A system victims deserve The existing scheme is already an important tool in delivering justice, but this new commitment from the CPS will extend that right, so that victims are further empowered to question decisions made in their cases, resulting in fewer cases falling through the cracks and more offenders brought to justice. Beginning on Friday, the pilot will become operational in the West Midlands. If it is a success, we will look to extend this across the country to support all victims of rape and serious sexual assaults. We know there is much to do to fix the justice system. But this is a vital step towards building the system that victims deserve and ultimately make Britain's streets safer.

Victims of rape can challenge CPS if case dropped under new review scheme
Victims of rape can challenge CPS if case dropped under new review scheme

The Independent

timea day ago

  • The Independent

Victims of rape can challenge CPS if case dropped under new review scheme

Rape and sexual assault victims who have their criminal cases dropped can now request for their cases to be reviewed as part of a pilot scheme. Launching on Friday in the West Midlands, the six-month trial will give victims the right to request that their case be reviewed by a different prosecutor, as part of reforms under Labour's pledge to halve violence against women and girls. The changes come after a woman successfully sued the Crown Prosecution Service (CPS) after her rape case was dropped on the eve of her trial, after the defence suggested she was suffering from the rare condition 'sexsomnia'. Jade Blue McCrossen-Nethercott said she was 'profoundly failed and let down' when her case was dropped, and described the new review scheme as a 'crucial safeguard'. She had contacted police in 2017 after waking up and feeling she had been raped while she slept. But the charges were dropped days before the trial three years later, because lawyers for the accused claimed Ms McCrossen-Nethercott had 'sexsomnia', a medically recognised but rare sleep disorder which causes a person to engage in sexual acts while asleep. The CPS later admitted it was wrong to close the case, saying it should have been taken to trial, and last year apologised and agreed to pay her £35,000 in damages. Ms McCrossen-Nethercott said she was 'hugely excited' about the new pilot, saying: 'This pilot is a crucial safeguard – one that could have completely changed the outcome in my case, and so many others like it. 'I was profoundly failed and let down by how my case was handled, but I've since seen people within the CPS who are genuinely working to make it better.' While current procedures allow rape and serious sexual assault victims to request their cases are reviewed, if that case has already been stopped in court by prosecutors it cannot be re-started no matter the outcome of the review. Siobhan Blake, CPS lead for rape and Chief Crown Prosecutor of CPS West Midlands said: "We know for rape victims, the prospect of their case being stopped can be absolutely devastating. "Although they can request a review of our decision-making now, if we have already stopped the case in court, there is nothing that can be done to reactivate the case if that review comes to a different conclusion. In those circumstances, we offer an apology, but appreciate that for a victim, an apology rarely goes far enough or feels like a just outcome. "This pilot offers greater reassurance for victims. It means that they will be alerted to the prospect of their case being stopped earlier, so that they can ask for a review by a different prosecutor. If the original decision is reversed, then the case will continue, but even if it can't, we hope that victims will have more confidence in the process and the earlier scrutiny of our decision-making. "Rape cases are incredibly complex and sensitive. We have specially trained prosecutors who do an excellent job building strong cases. This pilot offers an earlier check and balance, which provides extra reassurance for victims."

Woman who won payout after rape case dropped welcomes new review scheme
Woman who won payout after rape case dropped welcomes new review scheme

The Independent

timea day ago

  • Health
  • The Independent

Woman who won payout after rape case dropped welcomes new review scheme

A woman who successfully sued the Crown Prosecution Service (CPS) after her rape case was dropped has welcomed a new review scheme, describing it as a 'crucial safeguard'. Jade Blue McCrossen-Nethercott said she was 'profoundly failed and let down' when her case was dropped, amid claims she could have had an episode of 'sexsomnia'. She had contacted police in 2017 after waking up and feeling she had been raped while she slept. But the charges were dropped days before the trial three years later, because lawyers for the accused claimed Ms McCrossen-Nethercott had 'sexsomnia', a medically recognised but rare sleep disorder which causes a person to engage in sexual acts while asleep. The CPS later admitted it was wrong to close the case, saying it should have been taken to trial, and last year apologised and agreed to pay her £35,000 in damages. Ms McCrossen-Nethercott said she was 'hugely excited' about a new pilot giving rape victims the right to ask for their case to be reviewed if it emerges prosecutors plan to drop investigations. She said she hopes the pilot, starting in the West Midlands, 'proves successful enough to be rolled out across the country'. She added: 'This pilot is a crucial safeguard – one that could have completely changed the outcome in my case, and so many others like it. 'I was profoundly failed and let down by how my case was handled, but I've since seen people within the CPS who are genuinely working to make it better.' Criminal cases can be stopped at any point if a prosecutor decides there is no longer a realistic prospect of conviction. While current procedures allow rape and serious sexual assault victims to request their cases are reviewed, if that case has already been stopped in court by prosecutors, it cannot be re-started no matter the outcome of the review. The prospect of cases being dropped can be 'absolutely devastating' for victims, the Crown Prosecution Service's (CPS) lead on rape cases said. Siobhan Blake, who is also chief crown prosecutor in the West Midlands said: 'Although they (victims) can request a review of our decision-making now, if we have already stopped the case in court, there is nothing that can be done to reactivate the case if that review comes to a different conclusion. 'In those circumstance we offer an apology, but appreciate that for a victim an apology rarely goes far enough or feels like a just outcome. 'This pilot offers greater reassurance for victims. It means that they will be alerted to the prospect of their case being stopped earlier, so that they can ask for a review by a different prosecutor. 'If the original decision is reversed then the case will continue, but even if it can't, we hope that victims will have more confidence in the process and the earlier scrutiny of our decision-making. 'Rape cases are incredibly complex and sensitive. We have specially trained prosecutors who do an excellent job building strong cases. 'This pilot offers an earlier check and balance which provides extra reassurance for victims.' The pilot, launching this week, will run for six months before the scheme is evaluated and decisions are taken on next steps, the Government said. Solicitor general Lucy Rigby said: 'Campaigners and experts tell me that this is what they want, and I want to thank them for their advocacy on this vital issue. 'There is much more to do. But this is a further step towards the criminal justice system that victims deserve, and one which will ultimately make Britain's streets safer.'

Rape victims can challenge CPS if cases dropped under pilot scheme
Rape victims can challenge CPS if cases dropped under pilot scheme

The Guardian

time2 days ago

  • Politics
  • The Guardian

Rape victims can challenge CPS if cases dropped under pilot scheme

Victims of rape and serious sexual assault who face their cases being dropped by the Crown Prosecution Service will be given the right to request a review under a government pilot. The six-month scheme, which will launch on Friday in the West Midlands, will give victims the right to ask for their case to be reviewed by a different prosecutor if the CPS indicates it intends to offer no evidence. The reform is backed by the attorney general and solicitor general and forms part of the government's pledge to halve violence against women and girls. Campaigners have long called for the change. Criminal cases can be stopped at any point if a prosecutor decides there is no longer a realistic prospect of conviction, but this reform strengthens the right of victims to challenge the decision. Though a right to review already exists, it cannot be exercised when the case has been stopped in court. Under the terms of the pilot, for the first time victims of rape or serious sexual abuse will be offered the right to request a review by a different prosecutor before their case is dropped. If that prosecutor determines there is enough evidence, the case will continue. If the trial is successful in the West Midlands, ministers could extend it across England and Wales. Jade Blue McCrossen-Nethercott, a justice reform campaigner who won compensation from the CPS after her rape case was dropped amid claims she could have had an episode of 'sexsomnia', said the pilot was 'a hugely important step in the right direction'. 'After my own case was closed due to a controversial 'sexsomnia' defence, I used the victims' right to review – only to be told that, despite the CPS admitting a mistake, it was too late to reopen the case because they'd already offered no evidence in court. That experience was devastating,' she said. 'I've spent nearly three years campaigning behind the scenes for this exact change: for victims to have the opportunity to request a second review before a case is shut down.' She added that, despite its failure in her case, the CPS had shown a willingness to reflect and change and that her 'faith in the agencies that once failed me is slowly being restored'. Ministers hope the change will help build trust in the justice system, which has been eroded by lengthy waiting times. In latest quarterly crime data released by the Ministry of Justice running to December 2024, rape and sexual offences had reached a record high in the crown court's backlog. The number of sexual offences waiting to go to the crown court was 11,981, up by 41% in two years. There were 3,489 adult rape cases waiting to go to trial, an increase of 70% in two years. According to figures published by Rape Crisis, fewer than three in 100 rapes recorded by police in 2024 resulted in someone being charged that same year. Adult rape cases take an average of two years to complete in court, with many taking far longer. The pilot was welcomed by the End Violence Against Women Coalition and Centre for Women's Justice. Helen Newlove, the victims' commissioner for England and Wales, said it was 'a first step toward ending a manifestly unfair practice that denied victims a voice and robbed them of justice'. Lucy Rigby, the solicitor general, said: 'This government is treating violence against women and girls with the seriousness it deserves. Part of that is about empowering victims and improving their experience of the criminal justice system.' Siobhan Blake, CPS lead for rape and chief crown prosecutor of CPS West Midlands, said: 'We know for rape victims, the prospect of their case being stopped can be absolutely devastating. Although they can request a review of our decision-making now, if we have already stopped the case in court, there is nothing that can be done to reactivate the case if that review comes to a different conclusion. In those circumstances we offer an apology, but appreciate that for a victim an apology rarely goes far enough or feels like a just outcome. 'This pilot offers greater reassurance for victims. It means that they will be alerted to the prospect of their case being stopped earlier, so that they can ask for a review by a different prosecutor. If the original decision is reversed, then the case will continue but even if it can't we hope that victims will have more confidence in the process and the earlier scrutiny of our decision-making.'

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