Prosecutors could be forced to meet victims before making charging decisions under new law

Proposals came after number of crimes prosecuted hit record low, with 1.4% of rapes resulting in a charge

Dominic Raab says proposals ‘will give victims a louder voice, a greater role in the criminal justice system, and make criminals pay more to help victims recover’ (PA)

Prosecutors could be made to meet with victims before making a charging decision in cases of rape and other serious crimes, under new proposals put forward by the government.

Ministers have launched a consultation on a landmark Victims’ Law, which aims to make sure their voices are heard and hold the criminal justice system to account.

It comes after the proportion of crimes prosecuted hit a record low of 6.5 per cent in England and Wales, with just 1.4 per cent of recorded rapes resulting in a charge.

Sexual offences also have the longest average waiting time between reports and decisions on whether to prosecute, and cases are also being delayed by record court backlogs.

The government has proposed a raft of measures to improve the service provided to rape survivors, and all victims of crime, in a public consultation that will be used to form the new Victims’ Law.

One of the changes being considered is an “explicit requirement for the relevant prosecutor in a case or certain types of cases to have met with the victim before the charging decision, and before a case proceeds to trial”.

The consultation document does not state which crimes would be covered, but The Independent understands that rape and other serious sexual offences would be included.

The Crown Prosecution Service (CPS) will formally give its views on the potential process, but the government said it wants prosecutors to “take into account the views expressed by the victim, and sometimes their family, about the impact that the offence has had”.

In order for an offence to be charged it must pass the CPS “full code test”, meaning the available evidence must provide a “realistic prospect of conviction”.

Official guidance currently states: “Prosecutors must be even-handed in their approach to every case, and have a duty to protect the rights of suspects and defendants, while providing the best possible service to victims.”

It says that prosecutors should take the victims’ views into account but “the CPS does not act for victims or their families in the same way as solicitors act for their clients, and prosecutors must form an overall view of the public interest”.

The government said it wanted to ensure that the CPS and other agencies take victims’ views into account at key points in the process, and enable them to better understand how decisions are made.

Other measures proposed in the consultation include a duty on police or the CPS to inform victims of the “right to review” scheme, which enables them to challenge decisions not to charge offenders.

In 2019-20 fewer than 2,000 requests were received, out of 92,000 decisions that were eligible for review, and 288 charging decisions (14 per cent) were overturned.

Dominic Raab, the justice secretary, said: “No victim should feel unsupported. We have a moral duty to do better for victims, but as a practical matter that support will also help bring more criminals to justice and protect the public.

“Our plans will give victims a louder voice, a greater role in the criminal justice system, and make criminals pay more to help victims recover.”

Measures under consultation include new community impact statements to gauge the “collective impact” of an offence, and increasing automatic victim surcharges paid by offenders to a minimum of £100, which would go towards support services.

The document proposes numerous changes to amplify victims’ voices in the criminal justice process, bolster the level of support they receive, and strengthen the accountability of police, prosecutors and the courts.

The consultation is looking at redress for victims who do not receive the support they are entitled to, and whether better oversight could improve performance through strengthening inspection regimes and increasing the role of police and crime commissioners.

Figures showed just 1.4 per cent of recorded rapes resulted in a charge (PA)

The government said the improvements aimed to secure more convictions and prevent further crime, by lowering the number of victims who drop out of prosecutions because of trauma, delays and poor communication.

Dame Vera Baird QC, victims’ commissioner for England & Wales said: “All too often victims are treated as an afterthought, with their needs ignored and neglected.

“The government’s Victims’ Law represents a once in a generation opportunity to drive real culture change, requiring agencies to see, hear and help victims – if necessary, with real consequences if this does not happen. I welcome the commitments outlined today and I look forward to working with government to make this a reality.”

Emily Hunt, an independent advisor to the government on victims, said: “At the moment, victims are not told what to expect and, if their rights are ignored, nothing happens.

“This legislation will set out clearly the ways in which victims of all crimes should be protected.

“It will make sure that they are supported and, when they chose to seek justice, ensure that the criminal justice system takes them seriously and treats them with dignity and respect that they deserve.”

Diana Fawcett, chief executive of the independent charity Victim Support, said the Victims’ Law was a “real opportunity to improve victims’ experiences of the criminal justice system”.

“Our research has found time and time again that victims do not always receive their rights and entitlements, and so the government’s focus on strengthening victims’ rights is welcome,” she added. “There needs to be a real shift in the way victims are treated.”

The consultation continues until 3 February, and the government said it will feed responses into a subsequent Victims’ Bill covering England and Wales.