For the future when the Crown Prosecution Service decides not to pursue a case, crime victims in England and Wales would have the possibility to challenge the decisions.
When the victim disagrees with the fact that CPS had decided either not to bring charges against someone or to stop a prosecution they will have the right to ask for a review. Legal documents for this might be required.
Keir Starmer, the director of public prosecutions, commented that most of the final decisions were correct but in spite of this victims needed to be allowed to challenge those otherwise people would stop trusting the criminal justice system.
“The criminal justice system historically treated victims as bystanders and accordingly gave them little say in their cases,” he said.
Such changes started being commented after a case in 2011 when a cerebral palsy was convicted of assaulting sexually two other men in the same condition.
One of his victims then complained to the CPS and this is why charges were pressed to him.
Keir Starmer shared he did not expect a flood of reviews but in fact he believed there would be more than the 1,600 complaints received by the CPS.
“There’s no right to charge. Nobody has that, nor should they,” he stated. “If the right decision was made then it has to be upheld.”
The following reconsideration of the case will not be reviewed by the same lawyer but it will be held in the same region where the first decision was taken.
Decisions made before the policy being in place will not be reviewed.
Reviews will also not be available for such cases which were dismissed by the police rather than the CPS.