CPS 'risks derailing plan for rape victims to give pre-recorded evidence' blasts Judge

Repeated "CPS failings" threaten to jeopardise plans to allow alleged rape victims to routinely give pre-recorded video evidence before trial instead of in front of the jury, a crown court judge has warned.

Victims currently only have this choice in exceptional circumstances, if an application is approved by the trial judge - but there are proposals to extend this option to all alleged victims in the hope it will boost low prosecution levels.

Advocates of making the measure routinely available say it would mean victims would avoid the harrowing process of having to relive the trauma during a live trial on the stand.

It would also mean evidence is taken at an earlier stage when memories are fresher, due to lengthy delays due to criminal trial backlogs, say supporters.

Rape prosecutions levels have been as low as one to two per cent of all reported cases in recent years.

Problems with the CPS's handling of the current process were raised during an interim hearing for a man accused of rape and stalking offences against a woman at Woolwich Crown Court this month.

His Honour Judge Jonathan Mann KC, who is hearing the case, rejected an application from the prosecution for the alleged victim in the case to give pre-recorded evidence because it was made outside of a required deadline under the protocol.

The prosecution said the victim was showing "more anxiety and distress" at the prospect of giving live evidence and wanted to do it now rather than having to wait until the trial which is not listed until April 2025.

Judge Mann allowed the use of screens to shield her from the accused during the trial.

He went on to complain that late requests, known as Section 28 applications, from the CPS for pre-recorded evidence were happening more and more and it was also often late with providing the courts with transcripts of interviews given by victims to police.

He said the failings threatened to jeopardise plans to make pre-recorded video evidence in rape trials a routine measure.

He said: "There is no point in having a protocol if it is going to be widely ignored. This application should have been made two months ago, but it wasn't.

"If the court repeatedly allows out of time applications, the prosecution will get laxer and laxer and we will hear these applications four weeks before trial.

"It is a serious thing for evidence to be heard without jury. The protocol has not been adhered to, so I am going to grant screens no, but no Section 28 in this case."

He said in a number of cases the CPS has blamed not having enough budget to employ typists to create transcripts of victim interviews as a reason for the delayed applications.

He added: "If the CPS wishes to support the transition of special measures from exceptional to ordinary, then, before it supports this change, it needs to get its house in order as there is no point in telling witnesses that they don't need to come to court as this might not be right because it has not got enough money to pay for typists - this needs to be done properly."

He added that screens for the witness were a "perfectly adequate way of protecting the complainant to be able to be in court to give evidence."

Before the General Election was called, the Parliamentary Justice Committee was carrying out an inquiry into the potential routine use of pre recorded videos.

In a written submission Charity Rape Crisis stressed the importance of allowing this.

It said: "Ultimately, the use of s28 can be the difference between a victim-survivor supporting a prosecution or not.

"In the context of a criminal justice system which sees 59 per cent of adult rape victim-survivors withdrawing their support for police action, and 19 per cent withdrawing their support for cases following a charge, we submit that any measures which aim to support victim-survivors to have their voices heard should be fully embraced."

Katie Kempen, Chief Executive of the charity Victim Support, said: “Giving evidence can cause immense stress and anxiety for victim-survivors, forcing them to relive painful experiences. Pre-recording evidence means that victim-survivors can give their evidence sooner – and for some this may alleviate the potential trauma of going to court. This option is especially important at the moment, given the long waits for trial.

“It is vital that decisions about these measures are always victim-led. Police and prosecutors must inform victim-survivors about them, and take any resulting action, as soon as possible.”

A CPS spokesperson said: “While we seek to make timely applications, we know the needs of a victim may change.

“When this happens, we may make a later application to ensure the victim gets the support they want, and the court has discretion to allow this.

“This case is subject to continuing review and we will keep the victim updated.

"We continue to work with a number of transcription companies to prioritise the most serious cases."