More must be done to support domestic abuse victims, says Prosecution watchdog

It says prosecutors in all cases should consider “all reasonable lines of inquiry” to build strong cases from the outset to give the best possible chance of proceeding as a ‘victimless’ prosecution irrespective of whether a victim is supportive of the prosecution.

Its report published today (October 16) follows an inspection of CPS’s use of evidence-led prosecutions in domestic abuse cases.

HMCPSI says in some cases, either where the victim withdraws support or to avoid vulnerable victims having to go to court unnecessarily, prosecutors can proceed with evidence-led prosecutions.

In such cases prosecutors can rely on other evidence such as 999 calls, injuries seen by others and telephone evidence, to proceed with a case without calling the victim to give evidence at trial.

The report is an assessment of progress since four recommendations were made to the CPS in 2020.

Inspectors found that progress had been made to implement two of the four recommendations made in 2020. CPS has successfully rolled out comprehensive and improved domestic abuse training to most prosecutors.

There is also improved partnership working between police and CPS through the joint justice plan to promote awareness of evidence-led prosecutions.

However, inspectors found that CPS needs to improve the quality of its legal decision-making where evidence-led prosecutions are a viable option. Two recommendations were assessed as not being achieved.

Chief Inspector Anthony Rogers said: “Domestic abuse is a heinous crime and the survivors are some of the most vulnerable. It is absolutely right these brave individuals are supported throughout the criminal justice system to ensure their perpetrators are brought to justice.

“I know that CPS take domestic abuse cases extremely seriously and are working with police partners to prioritise evidence-led prosecutions where possible to ensure these cases do not drop out of the system.

“However, there is still room for improvement, and I urge CPS to continue with their work to improve the quality of prosecutorial decision making in all cases. They must identify where domestic abuse cases can proceed without calling victims to go through the traumatic experience of giving evidence.

“All opportunities need to be taken to ensure that cases are successful and that victims are supported, especially when for a variety of reasons, victims may no longer support the prosecution.”

The inspectorate has made a new recommendation requiring the CPS to ensure by December 2026 that domestic abuse case reviews clearly assess whether sufficient evidence exists to proceed without victim testimony.