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Judiciary to prioritise clearing backlog of rape cases

06 March 2024
Categories: Legal News , Criminal , In Court
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Judges are to hear the oldest rape cases first, with the aim of completing all cases started in the Crown Court more than two years ago within the next five months

Under the initiative, announced this week, judges will aim to have 181 trials of people accused of rape against adults or children listed and heard before the end of July 2024. These cases were all sent to the Crown Court on or before 31 December 2021.

Most of the cases are complex, with some awaiting retrial following a first trial and others stalled on previous occasions for a variety of reasons. Some are already listed for later this year, outside of the July timeframe.

Other rape cases will continue to be heard. There are currently more than 3,000 rape cases awaiting trial.

Senior presiding judge Lord Justice Edis said: ‘While such waiting times are rare, it is unacceptable to have this many rape cases still in the system after more than two years, leaving the lives of complainants, witnesses and defendants on hold. 

‘As judges, we are addressing this and prioritising these cases to ensure justice is done with the full support of all agencies involved as we look to address waiting times across the criminal courts.’

The initiative was suggested by the Crown Court Improvement Group, which was set up in 2021 to improve efficiency and performance in the courts.

Criminal Bar Association (CBA) chair Tana Adkin KC backed the initiative and called for further investment in ‘the dedicated workforce who are specially trained in this work’.

Last month, the CBA warned the current crisis in rape and serious sexual offence (RASSO) is set to ‘accelerate exponentially’ due to a shortage of specialist counsel. A CBA survey of its members found 64% of prosecutors intend not to reapply to be on the RASSO list, and 66% of defence counsel no longer want to conduct RASSO cases. Six out of ten respondents cited poor fees as a reason and half pointed to the detrimental impact on their wellbeing.

The CBA highlighted that the average wait for a bailed rape trial to conclude since an alleged offence is about five and a half years, including an 18-month wait on average from charge to trial completion. However, the CBA has had reports of trial dates being set for the end of 2026 for rape offences charged in 2022.

Office for National Statistics figures published in January showed 41% of those reporting rape withdraw from the prosecution before it is complete.

Categories: Legal News , Criminal , In Court
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