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<p>Rape and serious sexual offences are horrific crimes and can have a devastating
impact on victims, and the CPS will always seek to prosecute where there is sufficient
evidence to do so. The Attorney General and I regularly discuss issues related to
rape and sexual offences with the CPS; however, charging decisions are made independently
by the CPS.</p><p> </p><p>There has been no change in policy in how the CPS makes
charging decisions in rape cases. Prosecutors in the CPS follow a ‘Code’, which sets
out a well-established two stage test that a case must pass before a charge can be
made. The first stage of this test is the evidential stage, which considers whether
there is sufficient evidence to provide a realistic prospect of conviction against
each suspect on each charge. That test has remained and continues to remain the same.
It applies to every single offence no matter how minor or serious.</p><p> </p><p>The
Code that prosecutors follow has never included any specific reference to a merits-based
assessment of the realistic prospect of conviction because it is an integral part
of the evidential test. The second stage of the test is whether it is in the public
interest to proceed with a prosecution, this is considered after the evidential stage
is fulfilled.</p><p> </p><p>From 2009, DPP guidance included reference to a merits
based approach.</p><p> </p><p>Following an inspection by HMCPSI in 2016, it became
clear that including a separate reference to the merits based approach in the guidance
was causing confusion leading to the incorrect application of the code test. To avoid
this confusion, changes were made to the guidance provided by the DPP to prosecutors,
including removing a document on the merits based approach.</p><p> </p><p>Those changes
should not have, and did not have any impact on the proper application of the Code
test that prosecutors follow when making a decision on whether to charge.</p>
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