CHALLENGING THE CPS’ APPROACH TO RAPE PROSECUTIONS
The number of rape cases charged by the Crown Prosecution Service (CPS) fell to record lows between 2016 and 2020. CWJ represented EVAW (End Violence Against Women Coalition) to bring a high-profile judicial review challenging what appeared to be an unlawful, covert change in CPS policy-namely a shift away from a “merits-based approach” to charging decisions - which, in practice, discouraged prosecutors from proceeding with difficult rape cases.
Case concluded
This strategic case changed national practice, shifted public debate, and helped improve justice outcomes for rape survivors — proving that litigation can deliver systemic impact even where courts don’t.
The Issues
CPS accountability and transparency regarding prosecutorial decision‑making
The legality and impact of dropping the ‘merits‑based’ approach on charging decisions
Falls in rape prosecutions as a systemic public interest issue
What happened
High-profile judicial review: lost in the Divisional Court; permission to appeal granted; appeal dismissed.
Huge public visibility: boosted by CrowdJustice and extensive national media coverage.
Sustained pressure on CPS: our case forced the issue into the public and political spotlight.
What we achieved
CPS reversed many of the guidance changes during the litigation.
Rape prosecution and charge rates dramatically recovered, after years of decline.
The case informed the Government’s End‑to‑End Rape Review, shaping major policy scrutiny and reform.
Improved CPS guidance and accountability, even without a formal legal victory.