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16 July 2021 / David Wolchover , Anthony Heaton-Armstrong
Issue: 7941 / Categories: Features , Criminal
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It’s time to modify the CPS ‘50 per cent’ threshold test

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David Wolchover & Anthony Heaton-Armstrong argue the evidential threshold test for prosecution has had its day
  • Suggests the statutory evidential threshold test is a significant factor in the low percentage of reported rapes that result in charges being brought, as well as having an adverse impact on the decision to prosecute other types of crimes.

The ‘Rape Review’ published by the Ministry of Justice last month reveals that the ever-declining proportion of reported rapes to charges has dropped from an already low 13% in 2015-16 to a paltry 3% in 2019-20. In fact, the ‘rape justice gap’ has been a problematic feature of our criminal justice system for many years. The causes are undoubtedly complex but we would suggest that one significant factor in particular is the unsatisfactory state of the statutory evidential threshold test to be applied by Crown Prosecutors in determining whether or not cases should proceed.

The Rape Review, and the outcome earlier in the year of the case brought

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