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ConsentĪ person consents to sexual activity only if they agree by choice, and they have the freedom and the capacity to make that choice. It means that the jury, magistrate or judge could not be sure beyond reasonable doubt that the defendant was guilty. It is important to note that this is a different test from the one that the criminal courts must apply - which is to be sure that the defendant is ‘guilty beyond reasonable doubt’.Īn acquittal does not mean that charges should not have been authorised by the CPS. That means that an objective, impartial and reasonable jury, magistrate or judge, acting in accordance with the law, is more likely than not to convict the defendant of the alleged charge. When the CPS authorises charges in a case it is because a prosecutor is satisfied that, having reviewed all of the available evidence in the case, there is a ‘realistic prospect of conviction’. The CPS does not have a duty to prove guilt before a suspect is charged In the year ending 2019-20 the CPS completed charging decisions in relation to 4,184 suspects and 1,867 (44.7%) of those suspects were charged. Figures from the Office for National Statistics show that recorded rapes doubled between financial year 2014-19 to 58,614. This means we will only charge where there is sufficient evidence to provide a realistic prospect of conviction and a prosecution is in the public interest.Įvidence shows that the prevalence of these crimes is not decreasing.
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The CPS does not charge people with rape simply to increase prosecution numbersĪs with any other offence, a decision to charge a suspect is made in accordance with the Code for Crown Prosecutors. There are checks and balances throughout the process which are designed to identify and address issues before a trial, or stop a case when that’s appropriate. Suspects are innocent until proven guilty in a fair trial.ĬPS prosecutors have a continuing duty to review cases that have been referred to us and charged. The function of the CPS is not to presume guilt or decide a suspect is guilty, or automatically believe a complainant it is to make fair, independent and objective assessments about the evidence. Casework decisions are taken fairly, impartially and with integrity, to ensure justice for victims, witnesses, defendants and the public. Justice for all is a cornerstone of our work. Rape is an extremely serious offence and when cases are referred to the CPS by the police they are carefully reviewed by experienced lawyers working in specialist Rape and Serious Sexual Offences (RASSO) units.Īll RASSO prosecutors have completed a comprehensive rape training programme which includes training on consent, the traumatic impact of rape and the myths and stereotypes that surround these cases. This means we will only charge where there is sufficient evidence to provide a realistic prospect of conviction and it is in the public interest to pursue the case.