Written by Amy Beecham
A BBC Freedom of Information request found the cases had been closed by the CPS “offering no evidence”.
A new BBC investigation has revealed that across England and Wales, violent and sexual crimes are among cases that have been wrongfully dropped by the Crown Prosecution Service (CPS) in the past year.
It found 60 cases where a victim won a review against proceedings being terminated, including four sexual offences and 31 “offences against the person”, which covers a range of violent offences from harassment to murder.
The cases had been closed by the CPS “offering no evidence”, which results in the accused being found officially not guilty, despite not appearing in front of a jury. Each case could not then be reopened because the defendants had already been cleared. However, the CPS said decisions to halt cases were never taken lightly.
The report found cases of fraud, burglary and robbery that were terminated but, after victims asked for a review, the CPS later admitted they should have been prosecuted.
According to the ONS, of all sexual offences recorded by the police in the year ending March 2022, 36% (70,330) were rape offences. This was a 26% increase from 55,678 in the year ending March 2021, and other sexual offences increased by 35% to 124,353 compared with 92,212 the previous year.
Details of the 60 closed cases also come after the BBC reported the case of a woman who is suing the CPS after her rape trial was dropped days before court over defence claims she had experienced an episode of ‘sexsomnia’ – a rarecondition where people perform sexual acts in their sleep.
Despite the CPS later acknowledging that the case should have been put to a jury, it cannot be reopened because the defendant was found officially not guilty, and double jeopardy laws mean he cannot be tried without compelling new evidence.
In response, the Labour Party has called for an urgent review of the appeals system for victims if cases are dropped.
In a letter to attorney general Michael Ellis, shadow secretary of state for domestic violence and protection Jess Phillips said the current system was “failing” and urged the government to act quickly.
“I think that the average person in the country would be quite surprised to hear that a letter of sorrow is all an alleged rape victim can expect in cases where such errors are made,” she said.
“They would be further horrified to understand that this means potentially dangerous offenders face no consequences.”
When asked for comment, the attorney general’s office said, “We have received the letter and will consider it and respond in due course.”
The CPS said it had “great sympathy” for victims whose cases could not be reopened because no evidence had been presented.
“We strive for justice in every possible case and decisions to halt [cases] are never taken lightly,” a spokesperson said.
Sexual assault referral centres provide a safe space and dedicated care for people who have been raped, sexually assaulted or abused. If you have been raped, sexually assaulted or abused and don’t know where to turn, search “sexual assault referral centres”or visit www.nhs.uk/SARCs to find your nearest service.
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