Victims get right to challenge CPS ‘no charge’ decisions

Victims will have the right to request a review of any decision by the Crown Prosecution Service (CPS) to halt a prosecution or not charge a suspect, the director of public prosecutions (DPP) has announced.

Keir Starmer unveiled the Victims’ Right to Review (VRR) to allow any victim of crime the power to call for the CPS to re-examine cases, with those entitled to an enhanced service under the Victims’ Code offered additional discussions with a prosecutor about the outcome of the review.

The introduction of VRRs is subject to a three-month public consultation on the policy, which began on Wednesday.

The CPS’s decision not to prosecute, which is taken on whether or not there is sufficient evidence or public interest to support a prosecution, will now be open to review. However, VRRs will not extend to cases where the police have decided not to take further action or have not submitted a file of evidence to the CPS.

The introduction of VRRs come in the wake of the judgment of the Court of Appeal in R v Killick (2011), which ruled that “as a decision not to prosecute is in reality a final decision for a victim, there must be a right to seek a review of such a decision”.

Stephen Shaw, who was prisons and probation ombudsman from 1999 to 2010 and chief executive of the Office of the Health Professions Adjudicator from 2010 to 2012, has also been appointed as the independent assessor of complaints. The role will involve providing external supervision of complaints relating to non-legal matters, including staff conduct and communication between the CPS and victims or witnesses of crime.

Describing the VRR as “one of the most significant victim initiatives ever launched by the CPS”, Mr Starmer claimed it would give victims of crime “a straightforward opportunity to ask the CPS to look again at a decision”.

“It not only demonstrates how attitudes to victims have changed; it also clearly shows how the CPS has changed,” he said.

“The criminal justice system historically treated victims as bystanders and accordingly gave them little say in their cases. The decisions of prosecutors were rarely reversed because it was considered vital that decisions, even when later shown to be questionable, were final and could be relied upon.

“This approach was intended to inspire confidence, but in reality it had the opposite effect. Refusing to admit mistakes can seriously undermine public trust in the criminal justice system.”

Citing the new code for Crown prosecutors as an example of how the CPS recognises “the interests of justice and the rights of the victim can outweigh the suspect’s right to certainty”, Mr Starmer said the VRR was “a major step in the right direction” but “more needs to be done to correct this historic imbalance and ensure that the people affected by our decisions can hold us to account”. He said VRRs would ensure fair decisions were made and justice was delivered, adding Mr Shaw’s appointment as an independent assessor of complaints “will ensure that we are equally transparent and accountable”.

Javed Khan, chief executive of independent charity Victim Support, welcomed the introduction of the VRR.

“Too often victims tell us that they don’t have much of a voice in our justice system,” he said.

“This new initiative by the CPS is a step in the right direction and will help to reposition victims back at the heart of our justice system.”

Mr Shaw said: “As the CPS’ first independent assessor of complaints, my role is to help ensure the CPS provides the best possible service to victims of crime and to witnesses in court cases.

“Independent oversight is the public’s guarantee that all complaints will be properly investigated. No less important, when something is known to have gone wrong, I want the CPS to learn and act upon the lessons.”