Labour has advocated an immediate assessment of the rights afforded to victims whose court cases are dismissed.
It follows the CPS’s apology to a lady whose rape case was erroneously dropped due to accusations she suffered from sexsomnia, a rare sleep disorder.
The CPS stated that the decision to halt a case was never made lightly.
In each of the sixty cases, the victim won an appeal against the termination of proceedings, but the case had already been closed by the CPS “providing no evidence,” which means the accused is officially declared not guilty despite never appearing before a jury.
Importantly, under the double jeopardy statute, cases cannot be reopened, even if a victim-requested review determines that the defendant should have been tried.
She is suing the CPS after her rape trial was dismissed days before the court based on defense arguments that she suffered from sexsomnia.
Two sleep experts, one for the defense and one for the prosecution, concluded that she might have experienced an isolated episode of the sleep condition that causes people to engage in sexual activity while sleeping.
An independent chief crown prosecutor determined that Ms. McCrossen-case Nethercott’s should have been tried after she appealed the CPS’s decision under the “victim’s right to review” (VRR) system.
According to him, the jury would have been “more likely than not” to convict the defendant, which is one of the requirements for filing a charge.
The case could not be reopened, however, because the prosecution presented no evidence, resulting in the defendant’s official acquittal.
Instead, she received an apologetic letter from the head prosecutor on behalf of the Crown Prosecution Service, which he acknowledged would be of “little solace” to her.
Jess Phillips, the shadow minister for domestic abuse and safeguarding, wrote in a letter to Attorney General Michael Ellis, “I believe that the average person in the country would be quite surprised to learn that an alleged rape victim can only expect a letter of regret in cases where such errors are made.
They would be much more appalled if they realized that dangerous criminals would face no punishment.
She added that Ms. McCrossen-situation Nethercott’s was “by no means an unusual incident,” since the VRR process identifies similar errors every year, “providing victims of sexual and violent crimes with their letters of regret.”
The Attorney General’s office stated, in response to a request for comment, that it had received Ms. Phillips’ letter and would “examine it and reply in due time.”
Expunged cases
The Freedom of Information numbers on abandoned cases obtained by the BBC include four sexual offenses and 31 “offenses against the person,” which encompass a spectrum of violent offenses ranging from harassment to murder.
Fraud, burglary, and robbery cases were among the terminated cases that the CPS later conceded should have been pursued after victims requested a review.
The CPS expressed “great compassion” for victims whose cases could not be reopened due to a lack of evidence.
A spokeswoman stated, “We strive for justice in every possible situation, and decisions to cease them are never made lightly.”
In 2018, the High Court determined that it was not illegal for the CPS to close a case with no evidence presented before a victim could contest the decision.
In his decision, Lord Justice Holroyde determined that allowing a victim’s review before the case was ended would result in a significant and unreasonable delay of proceedings.
Even if the case could not be reopened, he said, an admission of wrongdoing and an apology were vital outcomes of a victim’s right to review.
Complainants have three months to seek a review of a CPS decision under the victim’s right-to-review program.
From March 2021 to March 2022, the CPS received 1,961 review requests. In 270 instances, the original ruling was reversed.
The CPS stated that in many instances, the prosecution may be revived; nevertheless, it was prohibited by law from doing so when no evidence was presented.
