An evidence-led prosecution takes place without the victim’s support. A joint inspection to see whether CPS lawyers and police understand what’s needed to build viable evidence-led prosecutions was carried out by HM CPS Inspectorate and HM Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS).
The inspectors found that all levels in the police and CPS recognised that domestic abuse is a priority area and had a desire to achieve the best possible outcomes. However, they recommended that officers and prosecutors ensure that, from the outset of a case, they consider how to prosecute if the victim withdraws their support. That would lead to a more detailed investigation at the scene, such as evidence from neighbours, forensic and photographic evidence.
Another recommendation was that evidence-led cases be given the same weight and training as is offered on dealing with general domestic abuse.
Inspectors examined 78 domestic abuse cases where the police had decided to take no action because the victim did not support prosecution. In 15 of those cases, they found investigators had missed the opportunity to explore reasonable lines of enquiry.
Prosecutors were found to be making sound legal decisions in domestic abuse cases, generally, but in 42.1% of appropriate cases, there was no consideration of how to progress the case without victim participation when the CPS prosecutor authorised charge.
At the later legal review stage there was no proper consideration in 40.1% of appropriate cases.
Inspector Wendy Williams and Chief Inspector Kevin McGinty said: ‘Both the police service and CPS are moving in the right direction but much more can be done to ensure an evidence led approach is considered a focus and priority, and it should be considered for all cases at an early stage.
‘Officers should prioritise effective evidence gathering, and prosecutors should highlight it, by working on the assumption that the victim may withdraw support, in order for the prospects of success to improve.’
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