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Over recent years, conviction rates for rape offences have shown a marked decline. Only one in five of reported cases actually reaches the trial stage, and the rate of conviction after trial has decreased from one in three cases reported in 1977 to one in thirteen in 1999.

Title: Action plan to implement the the recommendations of the HMCPSI/HMIC joint investigation into the investigation and prosecution of cases involving the allegation of rape
Authors: Home Office, Court Service and Crown Prosecution Service
Number of pages: 15
Date published: July 2002
Availability: Download full report PDF 166Kb

The handling of rape cases has rightly come under intense scrutiny, with widely publicised concerns in recent years in the following areas:

• difficulties in obtaining independent evidence to support allegations

• the thoroughness of investigations

• variations in the assessment of the weight of factors in cases

• the perpetuation of myths and preconceptions concerning rape

• the cross-examination of victims in court, in particular about previous sexual behaviour and medical history

• increases in "drug-induced" rapes and so-called acquaintance rapes

It was against this background that Her Majesty's Crown Prosecution Service Inspectorate (HMCPSI) and Her Majesty's Inspectorate of Constabulary (HMIC) were asked to hold a joint inspection, the aim of which was to analyse and assess the quality of the investigation and prosecution by the police and the crown prosecution service of allegations of rape, and to attempt to identify the causes of the decreasing conviction rate. Their report was published in April 2002.

The main findings of the Inspectorates' report

• The training available to the police does not currently conform to a minimum standard and the availability of staff trained to receive rape victims is problematic across the police service.

• The environment into which a victim is taken is not always conducive to securing the confidence of the victim. Training for forensic medical examiners (FMEs) is not standardised across the service, and particular difficulties are apparent in the recruitment and retention of female FMEs.

• There are inconsistencies in the recording and processing of reported offences. Different standards are currently applied across the police service.

• The investigation of cases by the police is not always as robust as it could be. Variations in the level of forensic knowledge are apparent across the force.

• Rape cases are not always allocated to specialist prosecutors, and prosecutors do not always take advantage of opportunities to learn from unsuccessful cases. Cases are not always analysed effectively, leading to incorrect charges sometimes being laid.

• The efficiency and quality of service to the victim varies considerably between areas where there is high caseworker cover and continuity of prosecutor and those where there is not.

• The way that rape cases are listed at Crown Court does not always take the needs of the victim into account.

• There is inconsistency in the information provided to victims about the progress of the case, and the practice of counsel and caseworkers making personal contact with victims at court was variable.

• The national guidance for prosecutors is in need of updating and expansion.

The government's response to the report

An inter-agency working group was asked by ministers to formulate an action plan in response to the report. The group consists of representatives from the police, Centrex (formerly National Police Training), the Forensic Science Service (FSS), the Crown Prosecution Service, the Court Service and the Home Office.

The group produced this action plan, which identifies the steps that will be taken to implement the recommendations of the report. Good progress has already been made in many areas. The plan aims to reflect this, as well as identifying the further action that is required.

Included within the plan are practical measures to improve:

• the investigation of rape cases by the police

• guidance and training for both the police and prosecutors

• the quality of advice, decision making, case preparation and presentation at court by prosecutors

• the treatment of victims and witnesses in cases involving allegations of rape

Implementation of the individual action points will be the responsibility of designated working groups, individuals and bodies within the respective agencies most concerned. This will require continuing and coordinated effort on their part. The working group will therefore continue to meet at quarterly intervals, to monitor progress against the action plan and to give further impetus to its implementation.