header-logo header-logo

16 July 2021 / David Wolchover , Anthony Heaton-Armstrong
Issue: 7941 / Categories: Features , Criminal
printer mail-detail

It’s time to modify the CPS ‘50 per cent’ threshold test

52829
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll