CPS pre-trial meetings for adult victims of rape and other serious sexual offences

NB: This is a guide for prosecutors and other Crown Prosecution Service employees

Introduction: a national entitlement for adult victims of rape and serious sexual offences

Rape and serious sexual offences are devastating crimes, and providing evidence and being cross-examined in these cases can be intimidating and retraumatising for victims. For many victims the criminal justice process is unfamiliar, long and complex, and this can result in reluctance to continue or withdrawal from the process entirely.

The needs of every victim will be different but where the case is going to trial, every adult victim of rape and serious sexual offences is entitled to be offered a meeting with members of the prosecution team who are responsible for the case and to obtain answers to questions that they may have about the prosecution process. This entitlement will be reflected in the new Victims’ Code once introduced.

The meetings are optional, and victims do not have to attend if they do not wish to, but the benefits arising from the offer of a meeting include:

• Providing the victim with the opportunity to meet members of the prosecution team and hear directly from the CPS ahead of trial
• Providing an opportunity for the victim to raise any questions they may have about the criminal justice process and to share any concerns they have about giving evidence
• Providing an opportunity for the prosecution team to supply clear and accurate information to the victim which may assist in reassuring the victim about next steps in the prosecution process
• Providing an opportunity for the prosecution team to explain the special measures that have been applied for or that can be applied for so that victims are fully informed of their options. This will help to identify the special measure, or combination of special measures, that may support the victim to give their best evidence.

The CPS should engage with local partners including policing, Witness Care Units, Independent Sexual Violence Advisors (ISVAs), and other support providers to ensure they are aware of this entitlement and the benefits it may have for the victim ahead of trial. The CPS should consider how best to carry out this engagement and share information on this offer to victims, including through local stakeholder forums, rape scrutiny panels, and joint meetings with policing partners.

1. In which cases does this entitlement apply?

The offer of a meeting will be made to all adult victims of rape or another serious sexual offence.

For the purposes of the guidance, an adult victim means a victim who is 18 years old or over at the time the case is listed for trial.

Where the victim is an adult, the offer of a meeting will be made in the following circumstances:

• Where a case meets the published referral criteria for being handled in a CPS RASSO Unit
• A rape or sexual offence case referred to a CPS Complex Casework Unit under the published referral criteria
• A rape or sexual offence case referred to the CPS Special Crime Unit
• Rape or sexual offence case handled by the CPS Organised Child Sexual Abuse Unit (OCSAU).

Further information on the above criteria is available in the Referrals, approvals and notifications guidance.

2. Child victims

In cases where the victim is under the age of 18 at the time of the case being listed for trial, the automatic entitlement to the offer a meeting does not apply.

This does not prevent the CPS from offering a meeting with a child if it would be appropriate and in the child’s best interests ahead of trial. This also does not prevent the CPS from offering a meeting with the child’s parents or guardian where it would not be appropriate to meet directly with the child. The circumstances are important and where the parent/guardian is the accused, it would not be appropriate to offer a meeting with them.

The considerations for communicating with child victims set out in the CPS’ Victim Communication and Liaison Scheme Guidance should be followed when approaching engagement with a child victim.

Any engagement with children should involve liaison with the officer dealing with the case, the Witness Care Officer, and any support agencies that may be involved with the child. They are likely to have relevant information to inform whether a meeting would be beneficial, considering important factors such as the child’s developmental stage, their capacity for understanding, their wishes, and whether communication is better routed through those who already hold a relationship with the child.

3. Making the offer and arranging the meeting

A CPS Victim Liaison Officer (VLO) will have responsibility for ensuring the offer of a meeting is made to the victim. They will also be responsible for organising the meeting, with assistance as necessary from the officer in the case (OIC) or officer who is the point of contact for the victim and/or any other nominated point of contact for the victim.

The offer of a meeting should be made to a victim by the CPS as soon as possible and within 14 days of the case being listed for trial.

Where possible, the method of communication should be as per the stated contact preferences of the victim as confirmed by the police. In some instances, this will mean making the offer via the victim’s ISVA. In some cases, the offer may be made via the OIC or officer who is the point of contact for the victim.

When the meeting is offered, the victim should be provided with information about what can be discussed at the meeting, who may attend, where and how the meeting can take place and the possibility of the meeting notes, or part of the meeting notes, being disclosed to the defence. This information is important to enable the victim to make an informed choice about having a meeting.

When arranging the meeting, it is important for the CPS VLO to try to establish whether there are any known concerns or questions the victim has which the CPS can address either in the meeting or ahead of time.

If the victim does not respond to the offer of a meeting, a further communication will be sent, as per the stated contact preference, no later than three months before the trial date, to check if they would like to have a meeting.

When an offer has been made to the victim, this should be recorded appropriately as per agreed internal reporting practices, to demonstrate that the CPS is delivering victims’ entitlements.

If the victim declines the offer of a meeting or does not respond initially, it remains their right to meet the CPS and the offer remains open should they change their mind. Those engaging with, or supporting the victim such as police, Witness Care Officers or ISVAs should be encouraged to ensure that the victim is aware of and understands the offer of a meeting with the CPS, so that they can make an informed decision about whether to accept the offer.

Regardless of the method of communication used to contact the victim, the offer of a meeting will include details of the CPS VLO as a contact point for the pre-trial meeting process.

4. When should the meeting take place?

The meeting must be offered once the case has been listed for trial, and should happen before the trial takes place. Where a victim is giving evidence via section 28 pre-recorded cross-examination, the meeting should take place before the section 28 hearing.

It is important that the victims’ preferences are sought when deciding when the meeting takes place and organisers should accommodate this as far as is possible, whilst acknowledging that availability of attendees may impact when the meeting can be held. Some victims may wish to meet members of the prosecution team quickly upon receiving the offer whereas others may prefer to wait until closer to a trial date.

Every case will be different, and the CPS will liaise with the victim, the OIC or officer who is the point of contact for the victim and ISVA (if applicable) to determine the best time for a meeting.

The timing of the meeting, if it is close to the date on which the victim will give evidence and/or be cross-examined, should not delay the necessary applications for special measures or other arrangements such as court familiarisation visits. These matters should be progressed regardless of the timing of any meeting.

5. Who should attend the meeting from the CPS

Two of the following should attend from the CPS (with one to act as notetaker): CPS prosecutor allocated to the case¹, the CPS paralegal officer allocated to the case, a CPS Victim Liaison Officer (VLO).

When deciding who should attend and lead the meeting from the CPS, consideration should be given to:

• The issues that may need to be discussed with the victim. If planning to discuss legal issues, a CPS prosecutor must attend the meeting. Legal issues may include bad character applications or applications to introduce evidence or questions about the victim’s previous sexual history; but may include other matters where the legal knowledge of the prosecutor is helpful to explain particular issues or concepts
• What the victim may want to discuss (if known) and whether this indicates that a prosecutor or paralegal officer may be better placed to respond to the anticipated questions
• Whether attendance from a CPS legal manager would be beneficial.

There should always be a CPS notetaker present. Having a dedicated notetaker at the meeting is essential to ensure that there is an accurate and formal note of the discussion for CPS records, and in case there is ever a need to refer back to the discussion from the meeting or there is a requirement to disclose the minutes of the meeting to the defence.

All CPS staff who will be attending meetings will be required to undertake specific training designed for this purpose, with a focus on trauma informed communication.

6. Who else may attend the meeting

Each case will be different, and the needs and preferences of the victim should guide who attends each meeting. It is however important that everyone attending the meeting has a clear role and purpose, so as not to unnecessarily have more attendees than required.

The following individuals should ordinarily be considered when arranging a meeting:

• The OIC or officer who is the point of contact for the victim (this may vary depending on local police force arrangements)
• The ISVA or other professional supporter if the victim has one
• The trial advocate (see further information below).

Depending on the circumstances it may also be appropriate to invite:

• Another person the victim may wish to have present (i.e. a family member, friend or carer)
• Registered intermediary if required
• Interpreter if required (including sign language interpreter).

It is not advisable to have another witness in the case attend the meeting.

It is important to consider any particular needs the victim has when arranging a meeting. For example, this may include but is not limited to communication needs which would require an intermediary or interpreter. The CPS VLO should engage with the OIC/officer who is the point of contact for the victim and the ISVA (if applicable) to identify any of these needs and put the relevant supportive arrangements in place.

The victim or other appropriate person should share the details of those they wish to be invited to the meeting with the CPS ahead of the meeting. A full list of attendees for the meeting, and their roles, should also be shared with the victim in advance of the meeting.

The final decision as to who will attend the meeting rests with the CPS, after appropriate liaison and discussion with those concerned, including the victim. The CPS should explain any decision not to allow an individual to attend.

6 i) Trial advocate attendance at meetings

While the CPS will endeavour to secure a trial advocate² after a Plea and Trial Preparation Hearing (PTPH), it will not always be possible to guarantee that the advocate who is instructed will be available to attend a pre-trial meeting, nor can it be guaranteed that the advocate who is originally instructed will conduct the trial. Sometimes their availability changes and this is outside the control of the CPS. For this reason, it would not be appropriate to mandate that trial advocates attend the meetings.

There is a risk that an advocate may change before the trial takes place. Where instructed advocates are invited to a meeting this risk should be made clear to the victim at an early stage to help manage their expectations and ensure they are fully informed. The victim should be reassured that every effort will be made to ensure the same CPS prosecutor and CPS paralegal remain with the case throughout.

Victims have told the CPS that knowing information about the trial advocate ahead of the trial is something they value, and so pre-trial meetings should be used to provide the victim with available information about the trial advocate even if they are not invited to the meeting, or are unable to attend (noting the point above about ensuring victims are clear about possible changes).

In accordance with the Speaking to Witnesses at Court guidance, the victim will have the opportunity to meet the instructed advocate at court on the day of giving evidence at trial, or the day of the section 28 pre-recorded cross-examination hearing (whichever is applicable).

7. Where should the meeting take place?

The meeting can take place face-to-face or virtually and the preferences of the victim should be accommodated where reasonably possible. Where the relevant parties have access to the necessary technology, holding a virtual meeting may assist with identifying a time which is convenient for all parties.

Potential locations for a face-to-face meeting could include:

• A CPS office
• A police station
• The office of an Independent Sexual Violence Advisor (ISVA) or other professional supporter
• The court building where the trial will take place or a building from which the victim will give evidence
• Other appropriate meeting rooms at an agreed location.

The CPS should try to accommodate the wishes of the victim with regard to the location of the meeting. Accessibility requirements of attendees should also be considered. When considering the most appropriate and safest location for a meeting, the CPS should liaise with the victim, ISVA (if applicable), and relevant police officer in the case. Where the CPS cannot accommodate the victims wishes, they should explain this decision.

8. What can be discussed at the meeting?

Ahead of the meeting, the victim should be informed about the purpose and scope of the meeting so that they have time to consider what they might find helpful to discuss. It should also be explained to the victim in advance, and at the start of the meeting, that official notes will be taken of the meeting which may be disclosed to the defence. The CPS VLO should make sure this happens.

The purpose of offering a meeting is to provide the victim an opportunity to meet members of the prosecution team before they give their evidence and/or be cross-examined.

Many victims will understandably find the prospect of giving evidence and/or being cross-examined difficult. It has the potential to be a retraumatising experience and for the period leading up to this to give rise to questions and concerns. For those attending a meeting with a victim, the need to communicate sensitively and with care is paramount. The CPS can play an important role in helping to reassure victims; providing clear information about the trial process and the steps we can take to support victims to give their best possible evidence.

Victims should be given the opportunity to ask questions about the process and next steps, and to share any concerns they have that the CPS may be able to address. In all cases there are legal restrictions which mean the evidence in a case cannot be discussed with a victim. This is an important principle which mitigates the risk that the victim’s evidence will be contaminated and the fairness of proceedings undermined. It is better for the CPS to explain if a question cannot be answered rather than emphasise restrictions on what can be discussed.

If the victim wishes to add to their evidence, or amend it in some way, they should be directed to speak to the police about this outside of the meeting. The CPS should notify the police of this, and it is the responsibility of the police to then contact the victim.

A suggested structure for meetings is below:

Introductions

This should include:

• Introductions from the prosecutor, paralegal officer or CPS VLO (and anyone else the victim has not met before) and an explanation of their roles, explaining clearly how their roles relate in practice to the victim’s individual case
• Outline of the purpose of the meeting and reminder about the remit of the meeting
• Explanation that a note of the meeting will be taken, why this is being done and what will happen with the note
• A clear explanation that if the victim does make any comment which is relevant to the issues in the case, then it will be recorded and disclosed if it may undermine the prosecution case or assist the defence case.

A summary of process to date and next steps

This should include summarising the hearings and process to date, including pleas entered at PTPH. It is possible that there may be lengthy timescales involved and it would be beneficial to discuss with the victim what the next steps/stages of the case are and the likely timescales involved. It may also be helpful to provide the victim with an indication of court listing practicalities, to ensure they are informed and understand local practices and how this could impact the case.

The trial process and cross-examination

It is important to recognise that victims may have little or no idea what to expect when they are cross-examined, and feedback from victims indicates that they wish they had been more prepared for what the court experience would be like in reality.

It should be explained to victims that cross-examination within the adversarial system is usually designed to challenge the version of events being provided by either the witness or the defendant, and that this can be an extremely difficult experience. Questions may address deeply personal aspects of a victim’s life.

An important component of this meeting is that the CPS, with expertise in the trial process, should provide victims with the appropriate level of information about the process of cross-examination so that they know what they can expect. It is unfair and unrealistic to expect victims to have knowledge of a system and process which is likely to be completely unfamiliar to them. To provide this information is not considered coaching.

The purpose of providing this information is not to elicit information from the victim. If the victim does make any comment which is relevant to the issues in the case, then it should be recorded and disclosed if it may undermine the prosecution case or assist the defence case.

It is important that those attending the meeting do not provide the detail of, discuss, or speculate upon the specific questions a victim is likely to face, or discuss with them how to answer the questions.

However, to enable victims to give their best evidence, those leading the meeting should ensure that they are informed of the matters set out below.

• The general nature of the defence case where it is known³ (for example consent, capacity). The prosecutor must not, however, enter into any discussion about the factual basis of the defence case or speculate on potential defences. Where the general nature of the defence is not clear, the prosecutor may wish to speak to the defence advocate(s) to clarify the defence case before speaking to the victim.
• Where third party material about the victim has been disclosed to the defence as being capable of undermining the prosecution's case or assisting the defence case (such as social services, or medical,) then the victim should be informed of the fact of such disclosure. Even though the victim may have consented to the disclosure of this material, it is prudent to check and remind them. The details and the impact on the defence cross-examination should not be discussed.
• Where approval has been given for the victim to be cross-examined about a particular aspect⁴, the victim should be informed that this approval has been given and an explanation of the decision.
• The victim should be reassured that prosecution counsel can object to irrelevant cross-examination where there is a clear basis to do so, and the judge will decide whether the questions need be answered. The victim should be advised that the judge's decision must be followed.

Prosecutors, Paralegal Officers and CPS VLOs who may be attending meetings should be aware of the case of R v Momodou and R v Limani [2005] EWCA Crim 177. They must not under any circumstances coach the victim, or ask questions that may taint the victim’s evidence. Providing the discussion with a victim does not influence or affect the nature or content of the victim’s evidence, or give rise to a perception that it may have done so, there should be no risk of coaching having taken place.

Support available to victims

Victims should be properly informed about the range of available special measures that the CPS can apply for, if not done already, to support the victim to give their best evidence.

Explaining the practicalities of these measures alongside their benefits and realities can help the victim make an informed decision about what may help best support them. For example, if the victim is particularly concerned about the defendant being able to see them when they give evidence and/or are cross-examined, a screen may be appropriate, but it would be important to explain to the victim who else in the courtroom will be able to see them despite the screen being in place.

Even if special measures have already been applied for, the meeting is an opportunity to identify if those special measures remain the right ones for the victim. Victims should be advised that they are able to change their mind about what would best suit them, and that the CPS can make further special measures applications.

It should be explained to the victim that, while the CPS can make an application for special measures, the final decision on granting these rests with the judge.

The following should also be checked:

• whether the victim has had a court-familiarisation visit, or one has been arranged. If there has been no court familiarisation visit, the victim should be asked if they would like one. This should be organised by the Witness Care Unit, or ISVA (if applicable)
• whether the victim has in place the support they need, whether that is an ISVA or otherwise. Where the victim does not have support but would like to be referred, the OIC/officer who is the point of contact for the victim or Witness Care Unit should be asked to make the referral.

Other matters it may be helpful to discuss:

It may not be appropriate to discuss each of these issues with victims, every case will be specific. Those conducting meetings should consider what may be most appropriate, and helpful, to discuss, taking into account the circumstances of the victim and the stage of the case.

Some common issues which it may be appropriate to discuss include:

Remaining to watch a trial after giving evidence

Those leading the meeting should ensure that the victim knows they have the right watch the rest of the trial after giving evidence if they wish to do so. To enable victims to make an informed choice about remaining to watch the trial and to manage their expectations, victims should understand that special measures are unlikely to be available, that the public gallery may be visible to the defendant, and that they may be sat with other members of the public and possibly the defendant’s family and/friends.

Caution should be exercised to avoid giving, or appearing to give, any advice to the victim on whether they ought to remain to watch the trial. It is their right to remain, and the decision is one for them to take.

Right to anonymity

Victims should be reminded that, as a victim of a sexual offence, they are automatically entitled to lifelong anonymity in the press or any other publication including on social media. If they become aware at any point that their identity has been shared online or published in the media, they can report this to the police.

Pre-trial therapy

It may be helpful to remind victims that their health and wellbeing should be their primary consideration when deciding if they should access therapy, to ensure that their emotional and psychological needs are met before, during and after any trial. There is no requirement to delay therapy on account of an ongoing prosecution. It is for the victim to make decisions about therapy with their therapist, including what type of therapy is obtained and when.

Victims may be concerned about criminal justice agencies accessing their therapy notes and the contents being referenced at court. They should be informed that police can only request access to therapy notes if they believe the contents may be relevant to a line of enquiry and that any material which is accessed by the police can only be disclosed to the defence if a prosecutor believes that the material may undermine the prosecution case or assist the defence case.

Third party material

Victims should be informed that if police believe that a third party such as a local authority holds information about the victim which may be relevant to a line of enquiry, they will request access to the records held by the third party in order to conduct a review. If material is identified which may assist the defence case or undermine the prosecution case it will be disclosed to the defence.

Victim Personal Statement

Victims should be reminded that they are able to update their Victim Personal Statement (VPS) throughout the process, and informed of the CPS’ role in submitting the VPS to the court. It should be explained how the VPS may be used at sentencing; including making clear that the judge will have the final decision on whether the VPS is read and how this is done. Victims should also be informed that their VPS will be shared with the defence, which may mean the victim does not wish to make a VPS until after a guilty verdict, at which point it will be known that the defendant will be sentenced.

Pleas

Victims should be informed about the possible scenarios that could occur in relation to pleas. This includes the fact that a defendant can change their plea from ‘not guilty’ to ‘guilty’. Defendants may want to plead guilty to some, but not all, of the charges. Alternatively, they may want to plead guilty to a different, possibly less serious, charge because they are admitting only part of the crime.

In circumstances where the defendant indicates they want to plead guilty to some charges, or a different or less serious charge, the decision about whether to accept this plea will ultimately rest with the prosecutor. However, it should be explained to the victim that in considering whether the pleas offered are acceptable, prosecutors should ensure that the interests and, where possible, the views of the victim, are taken into account when deciding whether it is in the public interest to accept the plea.

Trial transcripts

It could be helpful to explain to victims that a transcript of court proceedings can be requested by anyone, but the court/judge may have to authorise it. The cost of obtaining the transcript has to be borne by the requester; the CPS is not able to pay for trial or sentence transcripts on behalf of the victim. Unfortunately transcripts are expensive, they cost between 80p and £1.91 for every 72 words (depending on court and transcribing company) which can amount to thousands of pounds. There is Ministry of Justice guidance available which can be shared with the victim: Order a transcript of court or tribunal proceedings: Form EX107 - GOV.UK (www.gov.uk)

ISVA support in court

Where the victim has an ISVA or is likely to have an ISVA by the time of trial, it should be explained that court rules will allow for an ISVA to sit next to or near the victims in the courtroom or any other place where the victim gives evidence and/or is cross-examined, unless there is a good reason for the judge to refuse. Where the victim would like the support of an ISVA in court, this will need to be requested in advance.

9. Expenses

The CPS will pay reasonable expenses and allowances incurred in relation to attending the meeting by the victim and any interpreter and intermediary that is required as per the Crown Prosecution Service (Witnesses' etc. Allowances) Regulations 1988.
The CPS VLO will advise victims on the process for making an expenses claim.

The CPS will also pay the reasonable expenses of any supporters attending the meetings if they are attending in a personal capacity.

10. After the meeting

Following the meeting, the CPS will ensure any actions from the meeting are communicated to partners where appropriate. If the victim’s point of contact in the police or their ISVA (if applicable) is unable to attend the meeting, the CPS VLO should ensure they are updated. The CPS VLO should also ensure that the Witness Care Officer is updated, including on any actions or next steps.

The record of the meeting should be sent to the disclosure officer for scheduling on the MG6 series. The prosecutor will need to decide whether anything said in the meeting meets the test for disclosure and, if it does, to disclose this immediately to the defence, updating the disclosure officer where appropriate.

11. Further meetings

Each victim and every case will be different. A victim-led approach should be taken to ensure meetings have genuine value for those attending and achieve their purpose of helping victims to feel heard, supported, and reassured ahead of trial. This guidance does not preclude additional meetings from taking place if necessary, in the lead up to trial.