His Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) Report July 2025

Rape and Serious Sexual Assault Offences

The July 2025 report by His Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) highlights urgent improvements needed in the Crown Prosecution Service’s (CPS) handling of adult rape cases particularly at the early advice and pre-charge review stage.

The report criticised quality of decision making in rape cases, it found that prosecutors are failing to focus the behaviour of suspects and not prioritising complainants at the early stage of cases. It also found that the National Operating Model (NOM) was not being consistently applied across CPS areas.

HMCPSI Recommendations

The report contained eight recommendations with implementation dates of late 2025 or early 2026.

The Crown has accepted each of the eight recommendations and the implementation dates, the first of which are now upon us. The Crown also expressed a determination to continue to increase the number of rape cases being prosecuted each year.

At Olliers we act for a significant number of clients during the pre-charge (or investigation) stage of a case. Typically, we are approached by clients who may have been released following a police arrest and interview. They have been released, they are under investigation, and they may be subject to onerous bail conditions. In many cases this is their first ever experience of the criminal justice system. They maintain their innocence, their life has been turned upside down by the allegation(s) they face and their primary concern is avoiding a prosecution. In the case of an allegation of rape or serious sexual offence (RASSO) we achieve this objective by successfully arguing that the Charging Standard, contained with the Code for Crown Prosecutors is not met because there is not a ‘realistic prospect of a conviction’.

So, what does the HMCPSI report say, what were the recommendations and what was the Crown’s response? And finally, where does this leave defence lawyers, and more importantly their clients who may find themselves facing an allegation of rape or other serious sexual offence?

Summary of HMCPSI findings

HMCPSI found evidence of weak early case analysis, inadequate victim support and variations and inconsistency across CPS areas. HMCPSI came up with eight recommendations for improvement.

In terms of weak early case analysis, HMCPSI found that prosecutors frequently fail to adopt a ‘suspect-centric’ approach, instead focusing excessively on victim credibility rather than strengthening cases through investigating suspects and focusing on a suspect’s behaviour, thereby weakening case quality and decision-making.

HMCPSI found evidence of lack of victim support and that less than 30% of cases fully meet standards for actively considering victim support measures such as special measures, victim personal statements and restraining orders at the early stages.

HMCPSI noted inconsistency across CPS Areas in case management and pre-charge decision timeliness, and despite closer police-prosecutor collaboration, this has not consistently improved decision quality or case strengthening. Despite the publication of the CPS National Operating Model (NOM) for the prosecution of adult rape cases in July 2023, the Inspectorate found that the NOM was not being consistently applied.

HMCPSI Chief Inspector Anthony Rogers said:

“Rape is an abhorrent and devastating crime, causing victims to suffer long-term emotional and physical trauma that impacts every aspect of their lives. It is imperative that they are properly supported by the criminal justice system, which has received significant funding over the years, and the Crown Prosecution Service plays a vital role.

“We know that the volume of rape charges has increased at both a national and local level, and CPS staff are working hard to drive improvement in the quality of complex and distressing rape casework.

“However, our latest inspection shows that CPS urgently needs to improve. Their handling of rape cases at the pre-charge stage is not good enough – creating problems for cases as they proceed and risking a poor service to victims.”

Recommendations for improvement

HMCPSI issued eight recommendations including offering early face-to-face or virtual meetings in all cases, investing in prosecutor development, improving early advice quality, establishing quality assurance regimes and enhancing internal communication and scrutiny by with implementation dates from September 2025 to July 2026.

Each recommendation was accepted by the CPS as were the target/deadline dates for meeting the recommendations.

The eight recommendations made by HMCPSI for the CPS to implement:

Recommendations 1 and 2: Early advice meetings requirement

By September 2025, on every adult rape case the CPS will offer a face-to-face or virtual meeting in every case referred for early advice before the early advice is finished.

By September 2025, on every adult rape case where no meeting took place at early-stage advice, the CPS will offer a face-to-face or virtual meeting in every case before the pre-charge decision is finalised.

CPS Response: By September 2025, CPS will offer and record face-to-face or virtual meetings in every adult rape case before early advice is finalised, embedding this by November 2025. If no meeting occurs at early advice, a meeting will be offered before pre-charge decisions are finalised.

Recommendation 3: Skills development for prosecutors

By July 2026, the CPS will invest in development of Rape and Serious Sexual Offences (RASSO) prosecutors to improve casework quality by adding value through good quality prosecutorial decision-making demonstrating evidence-based suspect-centric case strategies.

CPS Response: By July 2026, CPS will invest in developing RASSO prosecutors’ skills and confidence to improve casework quality and prosecutorial decision-making in adult rape cases.

Recommendation 4: Improving quality of early advice and reviews  

By July 2026, the CPS to have significantly improved the quality of early advice and pre-charge decision reviews.

CPS response: CPS commits to significantly enhancing the quality of early advice and pre-charge decision reviews by July 2026 through oversight, training and leadership engagement.

Recommendation 5: Victim communication letter decision

By October 2025, the CPS to have decided and communicated internally whether a victim communication letter explaining a decision to charge is compulsory in all adult rape cases.

CPS response: By October 2025, CPS will decide and communicate internally whether sending a victim communication letter explaining charging decisions will be compulsory in all adult rape cases, as part of the Victim Transformation Programme.

Recommendation 6: Scrutiny of complex pre-charge advice cases  

From October 2025, the CPS to ensure that as a minimum, pre-charge advice cases with three or more substantive action plans are on the agenda to be scrutinised at Rape and Serious Sexual Offences local joint operational improvement meetings to identify and address themes and issues.

CPS response: From October 2025, CPS will ensure that pre-charge advice cases with three or more substantive action plans are discussed in local joint operational improvement meetings to identify and address issues.

Recommendation 7: Recording and tracking meeting outcomes

By October 2025, at local and strategic joint operational improvement meetings – the CPS must ensure that there is a clear, consistent and detailed recording of issues being raised at those meetings.

CPS Response: By October 2025, CPS will ensure detailed, consistent recording of issues, agreed actions, and impact assessments from local and strategic joint operational improvement meetings to strengthen casework quality and share best practices.

Recommendation 8: Quality Assurance Regime

By December 2025, the CPS to have developed and implemented a quality assurance regime in rape cases, that assesses and improves casework quality.

CPS response: By December 2025, CPS will develop and implement a quality assurance regime for rape cases, including a new internal inspection program for real-time legal decision-making feedback and enhanced local processes.

Leadership oversight through Rape Casework Board

The quality assurance and oversight workstream will be overseen by a Rape Casework Board comprising Chief Crown Prosecutors to ensure national and local leadership.

The Defence Perspective

In July 2025 the Crown Prosecution Service (CPS) responded to the HMCPSI inspection on early advice and pre-charge decision making in adult rape cases, accepting all eight recommendations and outlining plans to improve casework quality, partnership working, communication, and oversight by specified deadlines.

In so doing, the CPS has set some demanding deadlines and agreed to make significant improvements, many of which will increase the pressure upon its already stretched RASSO teams.

The CPS accepts each of the report’s recommendations and the time frames for implementation. Six out of the eight responses commit to implementing recommendations during late 2025, two in 2026.

The HMCPSI report and the CPS response both recognise inadequacies and inconsistencies in the manner in which adult rape is being investigated. There is reference on the part of both HMCPSI and the CPS to better outcomes and more complainants coming forwards and more prosecutions and of course more convictions.

However, if the quality of decision making improves then from a defence perspective one hopes that weaker cases are far more easily identifiable. And, if properly instructed defence teams are engaging with investigators and making effective representations against charge – then there should be nothing to fear.

Olliers Solicitors – Specialist Rape and Sexual Offence Allegations Solicitors

At Olliers, we feel that it is now more important than ever that a suspect facing an allegation of rape or other serious sexual offence, seeks specialist representation at the earliest opportunity.

If you are facing an allegation involving any kind of sexual offence, we strongly encourage you to contact our specialist team as soon as possible. Early advice and intervention can be critical in these cases. Reach out to us for a confidential, free initial consultation. Our solicitors will listen to your situation and explain clearly how we can help. At Olliers Solicitors, our combination of legal expertise, proactive defence strategy and empathetic client support can make all the difference when your future is on the line.

If you are facing an allegation involving any kind of sexual allegation, please contact our new enquiry team on 020 883 6790 (London) or 0161 834 1515 (Manchester), email info@olliers.com or complete the web enquiry form below.