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unstar this property registered interest false more like this
star this property date less than 2019-06-19more like thismore than 2019-06-19
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Sexual Offences more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, whether he has had discussions with the CPS on removing reference to the merits-based approach from (a) guidance and (b) training materials on rape and sexual offences. more like this
star this property tabling member constituency Harlow more like this
star this property tabling member printed
Robert Halfon more like this
star this property uin 266818 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2019-06-28more like thismore than 2019-06-28
star this property answer text <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>
star this property answering member constituency South East Cambridgeshire remove filter
star this property answering member printed Lucy Frazer more like this
star this property question first answered
less than 2019-06-28T12:06:30.213Zmore like thismore than 2019-06-28T12:06:30.213Z
star this property answering member
4517
unstar this property label Biography information for Lucy Frazer more like this
star this property tabling member
3985
star this property label Biography information for Robert Halfon remove filter