§ Lord Campbell-Savoursasked Her Majesty's Government:
Whether they will publish the report of the Crown Prosecution Service Inspectorate and HM Inspectorate of Constabulary on their thematic review of the prosecution and investigation of rape cases, their examination of the incidence of dropped cases after charge and the overturning of convictions following withdrawal of allegations by alleged victims. [HL1450]
§ Lord Falconer of ThorotonHer Majesty's Crown Prosecution Service (HMCPSI) and Her Majesty's Inspectorate of Constabulary (HMIC) published their report on the joint inspection into the investigation and prosecution of cases involving allegations of rape in April 2002. The report touched on the issue of attrition, including cases dropped after charge and acquittals after trial. A separate literature review was published alongside the report which looked at research into the issue, both in the UK and internationally.
In July 2002 the Government published an interagency action plan in response to the HMCPSI/HMIC report. The action plan sets out a programme of action to implement the recommendations of the report and 118WA details practical measures at every stage of the criminal justice process.
§ Lord Campbell-Savoursasked Her Majesty's Government:
Whether in legislation on the crime of rape due consideration has been given to rape allegations made by alleged victims where (a) the courts have dismissed charges; (b) the alleged victim has subsequently withdrawn the accusations following a period of imprisonment of the accused; and (c) the police have charged the accuser of wasting police time. [HL1451]
§ Lord Falconer of ThorotonThe Sexual Offences Bill follows a major review of the criminal law on sexual offences. We do not believe there is anything in our proposals which would encourage an increase in the number of false allegations that are made.
The police are duty bound to make detailed investigations where allegations are made of serious offences. Following the initial investigation, the Crown Prosecution Service (CPS) considers the content of the police findings and makes its own independent assessment. Both the police and the CPS have to consider the nature of the evidence before them and whether it is reliable enough to support a realistic prospect of conviction. It is the overriding duty of the CPS to ensure that the right person is charged with the right offence.
There are important safeguards in the criminal justice system to ensure that those who are falsely accused or wrongly convicted can have this injustice righted. These include the presumption of innocence, the high standard of proof on the prosecution, the right to legal representation, the right to call any witnesses to challenge and test evidence through cross-examination and the right to seek leave to appeal against conviction or sentence. There are also a range of offences to deal with those who might seek to pursue such allegations, including the offences of perverting the course of justice, wasting police time and perjury. The latter carries a maximum penalty of seven years' imprisonment.