Molly Frost
For the first time, a Victim’s Right to Review (VRR) pilot will allow victims of serious sexual assault and rape who may have their cases dismissed by prosecutors to have a fresh prosecutor evaluate their case prior to any final decisions being made.
New Pilot Program Launches to Support Sexual Assault and Rape Victims
Launching in the West Midlands, The Victim’s Right to Review (VRR) pilot programme, will provide survivors of rape or serious sexual assault the chance to request a review by a different prosecutor before their case is dismissed.
If the prosecutor discovers enough evidence, the case will move forward.
Siobhan Blake, CPS West Midlands’ Chief Crown Prosecutor and CPS lead for rape, stated “We know that the possibility of their case being stopped can be devastating for rape victims.”
“Although they can request a review of our decision-making now, if we have already stopped the case in court, there is nothing that can be done to reactivate the case if that review comes to a different conclusion. In those circumstance, we offer an apology but appreciate that for a victim, an apology rarely goes far enough or feels like a just outcome.”
A Step-by-Step Guide to the Victim’s Right to Review Pilot
For cases identified as eligible for a pilot program to end a prosecution, the process involves a prosecutor escalating the case to a senior manager. A review timetable is then established, and a second reviewer is assigned.
The victim will be informed by letter of the proposal to end the prosecution, including the reasons why, and allowed to request a review of this decision within a set timeframe. If a review is requested, it aims to be completed within 20 working days.
For cases that do not qualify for the pilot, victims can still request a review through the standard Victim’s Right to Review (VRR) scheme.
Once any review is complete, a Local Case Management Panel will approve the final decision to either continue with the prosecution or offer no evidence. Therefore, the victim will be notified of this final decision.
What is its purpose?
The Crown Prosecution Service (CPS) is launching a pilot to see if they can conduct earlier case reviews, aiming to better support victims while also considering defendants’ rights and maintaining their own independence.
The CPS will determine when its internal review is finished and whether to proceed with no evidence, always prioritizing fairness for the defendant. This six-month pilot will assess each case individually before a full evaluation decides its future.
This Victim’s Right to Review (VRR) pilot is crucial to the CPS’s commitment to improving support for victims of violence against women and girls, in line with the Government’s broader Plan for Change.
What are the benefits of the pilot?
This pilot program aims to provide greater reassurance for survivors by informing them earlier if their case is likely to be stopped.
This allows them to request a review by a different prosecutor. If the original decision is overturned, the case will proceed. Even if the decision stands, the goal is for victims to have more confidence in the process due to the earlier scrutiny of decision-making.
Cases involving rape are extremely delicate and complicated. Therefore, prosecutors are highly skilled and adept at constructing compelling cases. Allowing victims to feel reassured because this pilot gives an earlier check and balance.
Survivors Campaign Leads to Pilot Program
The new pilot program was directly inspired by the courage and personal experience of Jade Blue McCrossen-Nethercott, a survivor whose initial case was dropped by the Crown Prosecution Service (CPS) with no evidence offered.
While a subsequent Victim’s Right to Review (VRR) found that the prosecution should have gone forward, the case could not be reinstated.
McCrossen-Nethercott is a strong advocate for the pilot, hoping it will be successful enough to be rolled out nationwide.
She calls it a “crucial safeguard” that could have “completely changed the outcome” for her and others. Although she feels she was “profoundly failed” by how her case was handled, she also acknowledges the genuine efforts within the CPS to improve the system.
The positive outcome of this movement
Solicitor General Lucy Rigby KC MP said: “This Government is treating violence against women and girls with the seriousness it deserves, committing to halving this horrific crime as part of our Plan for Change. Part of that is about empowering victims and improving their experience of the criminal justice system. “
That is exactly why I have worked with the CPS on a new pilot scheme for victims of rape and serious sexual assault, which will allow victims an enhanced right of review in cases where the CPS intends to offer no evidence, importantly prior to a case being stopped.
Lucy Rigby added “Campaigners and experts tell me that this is what they want, and I want to thank them for their advocacy on this vital issue.”
“There is much more to do. But this is a further step towards the criminal justice system that victims deserve, and one which will make Britain’s streets safer.”
Frequently asked questions
What is the CICA?
The CICA is a government-funded authority that aims to compensate blameless victims of an assault or other violent crimes. It was originally formed in 1996 with the sole purpose of providing compensation to blameless victims of violent crime. The value of compensation that it offers for a single injury can vary from £1,000 up to £250,000, with a maximum total payment of £500,000 being available for a CICA claim.
A physical assault is the most common form of claim that is submitted to the CICA. They can often involve unprovoked attacks, sometimes with the suspect using a weapon to inflict the injuries.
Will I be eligible to claim from the CICA after a criminal assault?
If you have been the victim of a physical assault, then you will have satisfied the first CICA eligibility branch of suffering a ‘crime of violence.’
Usually, the assault must have taken place in the past 2 years, although there are exceptions to this rule, and the assault must have been reported to the police as soon as reasonably practicable. For further details on eligibility, please see our in-depth guide on CICA claims.
How much will the CICA offer me for an assault claim?
Upon their formation, the CICA introduced a statutory Scheme in 1996, which has seen several amendments over time, containing a tariff of injuries. This tariff provides compensation for many common injuries that increase in value with severity and the ongoing recovery a victim is undertaking.
Victims of physical assaults can claim for, not only their physical injuries but also, the psychological effects that an incident has had on them. The compensation offered by the CICA for such injuries is again dependent on the severity.
Examples of some of the injuries that the CICA compensate for are below:
- Broken jaw w / operation – substantial recovery: £1,800
- Facial scarring causing serious disfigurement: £11,000.
- A moderately disabling permanent mental injury confirmed by diagnosis/prognosis of a psychiatrist / clinical psychologist: £19,000.
How long will the CICA take to complete a sexual abuse/assault claim?
The CICA advises that, from the date that it receives an application, it aims to take around twelve-eighteen months to make its initial decision on a claim.
This timescale can vary depending on the circumstances of the assault, the severity of injuries, and the complexity of the overall claim.
Why choose Oakwood Solicitors Ltd to make my CICA claim?
After sustaining an assault, we understand that the last thing an individual wants to do is progress down a stressful claims experience. At Oakwood Solicitors, we want to take away the stress of progressing with an assault claim while also helping you obtain the compensation to which you are entitled.
Our file handlers have experience with dealing with traumatic incidents and have received training in dealing with vulnerable people.
We will agree to work on your CICA claim on a ‘no-win, no-fee’ basis. The only time we will receive any money after an assault claim is if we bring your claim to a successful conclusion at which point we will take a pre-agreed percentage of your compensation. If your CICA claim is unsuccessful, you will not be expected to pay us a penny.
This arrangement obviously means that we are incentivised to try and obtain the maximum amount of compensation for your assault claim.
Proudly Partnered with Trauma To Triumph
Oakwood Solicitors is proud to partner with Trauma to Triumph, an organization dedicated to empowering survivors of sexual abuse, domestic violence, and trauma.
This collaboration extends beyond traditional legal support; it’s a commitment to walking alongside survivors with compassion and integrity, recognizing the profound journey of rebuilding after trauma.
Trauma to Triumph’s mission aligns perfectly with our values, as they provide a safe and supportive space for individuals to share their experiences and begin healing, often through real conversations and peer support rather than solely in a clinical setting.
Together, we amplify the message that every voice and story matters, ensuring survivors know they are not alone.
Further information:
Molly Frost – Author at Chronicle Law Legal News
CPS – Survivors of rape and serious sexual assault given the right to have dropped cases reviewed.
CPS – Victims’ Right to Review Scheme.
Historic sexual abuse claims – Chronicle Law – Your Legal News