The Ministry of Justice has hailed the ‘significant progress’ that has been made since the government published its landmark rape review action plan – however, the Criminal Bar Association has warned that complainants will continue to wait years for a trial unless prosecutors’ fees are increased.

According to the department, the most recent data for 2022 shows that police referrals are up 95% from the quarterly average in 2019, adult rape cases charged by the Crown Prosecution Service are up 65%, adult rape Crown court receipts are up 91% and adult rape convictions are up 41%.

CBA chair Kirsty Brimelow KC said it was encouraging that more cases are reaching court. ‘However, this is a basic and complainants are waiting years for trials. There are insufficient barristers to prosecute the trials and so they are adjourned,’ she said.

The ministry’s update report states that the CPS has grown its workforce in the specialist area of rape and sexual offences by 17% in the first half of 2022/23. Key actions for the next six months include increasing the CPS’s specialist workforce by 194, which would represent a 44% increase in 2022/23. 

Brimelow

CBA chair Kirsty Brimelow KC

Brimelow said: ‘Quadrupling funding for complainants of sexual offences is senseless without investing to ensure that there are the barristers to prosecute once the case reaches trial stage.'

The government must act urgently to increase prosecution fees, she said. 'Otherwise, the crisis of lack of prosecutors will deepen. This means that there may be an increase in cases reaching courts, together with advisors and support for complainants, but the trial will not take place because there is no barrister to prosecute.’

Director of public prosecutions Max Hill KC has called for parity in fees since the CBA agreed a £54m deal to suspend its strike over legal aid funding.

Discussing the Crown court backlog and CPS resources, Hill told the Commons justice select committee: ‘We don’t ask that prosecutors are paid a penny more than those who defend, but we do say that they must be paid the same. The resolution of the defence graduated fee scheme means that there is now more money in defending than prosecuting, and we need parity there.’

 

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