Victims’ Commissioner backs expansion of pilot strengthening rape victims’ right to challenge CPS decisions
The Victims’ Commissioner has welcomed the expansion of a pilot scheme designed to prevent rape and sexual assault cases from being stopped prematurely - while backing urgent calls for a permanent change in the law.
More rape victims across the country will have the chance to ask for a second review before their cases are stopped in court, as a landmark Crown Prosecution Service (CPS) pilot expands into further regions.
The pilot, inspired by the campaigning of survivor Jade Blue McCrossen-Nethercott, allows victims of rape to have their case reviewed by a second prosecutor before the CPS formally drops the charges in court.
First launched in the West Midlands in June 2025, it builds on the current Victims Right to Review (VRR) scheme. The pilot will first be expanded to the North West region. It will then extend to Yorkshire and Humberside in February, and Wales in April.
While the Commissioner welcomed the announcement as a “vital step forward in accountability and ensuring victims’ voices are heard”, the Claire Waxman called for further action to address the “justice gap” faced by the thousands of victims not covered by the pilot.
Criminal cases can be stopped at any point if prosecutors decide there is no longer a realistic prospect of conviction. If that decision is made after a case has progressed beyond a certain point, the CPS must offer no evidence in court — resulting in an acquittal.
Under the existing VRR scheme, victims can already request a review of a decision not to charge a case. However, if the case has been begun and then stopped in court, nothing further can be done even if the second prosecutor disagrees: the only remedy is an apology.
The pilot changes this. Victims will now be told when a provisional decision is made to stop their case. They are then given the opportunity to ask for a second prosecutor to review the evidence before the case formally ends. If the second prosecutor believes the case can continue, the prosecution proceeds.
The Victims’ Commissioner is backing an amendment to the Victims and Courts Bill, which would enable he CPS to discontinue proceedings in the Crown Court right up until the trial begins—bringing it in line with the rules already used in the Magistrates’ Court.
This reform would ensure that if a Victims’ Right to Review identifies an error, the prosecution can be reinstated and justice can be served. Crucially, this change would apply to all victims of crime, not just victims and survivors of rape and sexual assault, as the current pilot is restricted to.
Responding to the announcement, the Victims’ Commissioner for England and Wales, Claire Waxman OBE, said:
“The expansion of this pilot is a vital step forward in accountability and ensuring victims’ voices are heard. Jade’s tireless campaigning has shone a light on a profound injustice, and it is thanks to her bravery in refusing to be silenced that we are seeing this progress today.
“In an ideal world, victims should never have to bear the burden of challenging CPS decisions. But when those decisions need reviewing, there must be a clear, accessible, and meaningful route to appeal. While the Victims’ Right to Review (VRR) was intended to be that safeguard, for too many survivors of rape and sexual assault, the reality is that it had serious flaws.
“This pilot changes that reality. But we must now go further and close this justice gap for good.
“That’s why I’m backing a permanent change in the law so a prosecutor’s decision cannot become a permanent barrier to justice. Crucially, we need to see this right expanded to all victims, ensuring every victim has a meaningful voice in the justice process.”
The Victims and Courts Bill is set to have its second reading in the House of Lords in the coming weeks, where this amendment will be debated.