Sexual Assault Complainants Can Now Request Case Reviews

Complainants in rape and serious sexual assault will now have the right to request a second opinion if prosecutors decide to drop their case. This new measure is part of the Government’s broader commitment to halve violence against women and girls within the next decade, under its ambitious Plan for Change. 

Empowering Survivors Through a New Review Process 

For the first time complainants will be able to ask for their case to be reviewed by a different prosecutor before any final decision is made. If the second prosecutor believes there is enough evidence then the case will proceed.

This pilot initiative is designed to: 

• Empower survivors by giving them a stronger voice in the justice process 
• Restore trust in the criminal justice system 
• Ensure accountability by giving cases a second chance at prosecution 

Why This Matters 

Currently prosecutors can discontinue a case at any stage if they believe there’s no realistic chance of conviction. The new review right aims to change that by giving complainants more control and transparency. The Government hopes to rebuild confidence in the system and ensure that more perpetrators are held accountable. 

A groundbreaking new pilot scheme has recently launched in the West Midlands giving survivors of rape and serious sexual assault more power in the prosecution process. If successful, the initiative could be rolled out across the country. 

How the Pilot Works 

The pilot is being trialled in the Rape and Serious Sexual Offences Unit of the Crown Prosecution Service (CPS) West Midlands. It introduces a new process where, if a prosecutor believes a case should be dropped, it can be reviewed by a second, independent prosecutor before a final decision is made. 

Here’s how it will work: 

Case Identification: If a prosecutor believes a case qualifies for the pilot, it is escalated to a senior manager. A review timeline is then set, and a second reviewer is appointed. 

Victim Notification: The victim receives a letter explaining the proposed decision to end the prosecution and the reasons behind it. They are then given a set period to request a review. 

Review Timeline: If the victim opts in, the second review is expected to be completed within 20 working days. 

Final Decision: Once the review is complete, a Local Case Management Panel will confirm whether the case proceeds or is closed. The victim will be informed of the outcome. 

What If a Case Doesn’t Qualify? 

Even if a case doesn’t meet the criteria for this pilot, victims can still request a review through the existing Victims’ Right to Review (VRR) scheme. 

Balancing Justice and Fairness 

The pilot has been designed to balance the rights of victims, the fairness owed to defendants and the independence of the CPS. While the CPS retains the authority to decide when its internal review process is complete, the pilot introduces a more transparent and victim-focused approach. 

What’s Next? 

The pilot will run for six months with each case evaluated individually. After this period, the CPS will assess the outcomes and determine whether to expand the scheme nationwide. 

Solicitor General Lucy Rigby KC MP said: 

“This Government is treating violence against women and girls with the seriousness it deserves, committing to halving this horrific crime as part of our Plan for Change. 

Part of that is about empowering victims and improving their experience of the criminal justice system. That’s exactly why I have worked with the CPS on a new pilot scheme for victims of rape and serious sexual assault, which will allow victims an enhanced right of review in cases where the CPS intends to offer no evidence, importantly prior to a case being stopped. 

Campaigners and experts tell me that this is what they want, and I want to thank them for their advocacy on this vital issue. 

There is much more to do. But this is a further step towards the criminal justice system that victims deserve, and one which will ultimately make Britain’s streets safer.” 

Siobhan Blake, CPS lead for rape and Chief Crown Prosecutor of CPS West Midlands said: 

“We know for rape victims, the prospect of their case being stopped can be absolutely devastating. 

Although they can request a review of our decision making now, if we have already stopped the case in court, there is nothing that can be done to reactivate the case if that review comes to a different conclusion. In those circumstance we offer an apology, but appreciate that for a victim an apology rarely goes far enough or feels like a just outcome. 

This pilot offers greater reassurance for victims. It means that they will be alerted to the prospect of their case being stopped earlier, so that they can ask for a review by a different prosecutor. If the original decision is reversed then the case will continue, but even if it can’t, we hope that victims will have more confidence in the process and the earlier scrutiny of our decision making. 

Rape cases are incredibly complex and sensitive. We have specially trained prosecutors who do an excellent job building strong cases. This pilot offers an earlier check and balance which provides extra reassurance for victims.”

How can Olliers help? 

We have a team of expert criminal lawyers who specialise in sexual allegations who will work hard to ensure the right decision is made by CPS in your case should the complainant request a review under the scheme. 

If you would like to discuss how Olliers can proactively assist you in relation to your case at contact our new enquiry team by telephone on 0161 834 1515 (Manchester) or 020 3883 6790 (London) by email to info@olliers.com or complete the form below and we will contact you.