Last month, the director of public prosecutions, Keir Starmer, issued new interim guidelines for the Crown Prosecution Service (CPS) and the police on prosecuting cases of child sexual abuse. Alongside the interim guidance, the CPS has published a consultation on the guidance seeking views on the new approach to be adopted. The new guidelines have been issued in the wake of the spate of recent high-profile cases of child sexual abuse including in the Rochdale and Oxford cases and the Jimmy Savile investigation.
They set out the approach that should be adopted by prosecutors when dealing with child sexual abuse cases and are intended to be applied to all cases where a sexual offence has been committed against a child or young person, unless there are good reasons not to.
Witness credibility
The primary feature of the new guidelines is that when assessing the credibility of a child or young person, the police and prosecutors should focus on the credibility of the allegation rather than focusing solely on the victim. This new approach has been borne out of concern regarding criticisms previously made against victims that served to undermine their credibility and thus the reasonable prospect of a criminal prosecution.
These criticisms include the offence not being reported immediately after its commission; inconsistencies in the account given; the victim having "voluntarily" returned to the alleged abuser; the victim having previously told untruths about other things; and the victim's current or previous abuse of drink or drugs. The interim guidelines emphasise that these factors may in fact lend credibility to allegations of sexual abuse, particularly as such behaviour is often seen in victims of abuse. Police and prosecutors are advised to build a case that looks more widely at the credibility of the overall allegation rather than focusing primarily on the credibility and/or reliability of the child or young person. Prosecutors will need to have an understanding of a victim's circumstances, as past experiences often influence their actions.
Importantly, the guidelines encourage prosecutors to have particular regard to the circumstances and contexts in which child sexual abuse can occur, including through online grooming, relationships involving coercion and exploitation, child sexual exploitation networks and within a child or young person's family.
The interim guidelines encourage early consultation between the CPS and the police, particularly in large or potentially complex cases, to ensure the strongest prosecution case evidentially. All cases are also to be dealt with by specialist police teams and prosecutors. Prosecutors are also reminded of the availability of support for victims before, during and after the criminal trial. With the approval of the court, victims can give evidence via a live video link to the courtroom and have a supporter present to provide emotional support and reduce anxiety for the victim.
Prosecutors will need to think about the approach they adopt when taking the child's statement and be aware that a child may not give their best and fullest account during their first interview, as the child will need to establish that they can trust their interviewer and that they will be believed. The child can also be told about similar complaints of abuse by other victims but usually only after they have made their statement.
The guidelines will place a duty on prosecutors to challenge the myths and stereotypes that surround child sexual abuse in court. This is important to ensure that cases of abuse progress quickly through the system. It is also likely to strengthen victims' access to justice. In the words of the director of public prosecutions, the task of the new guidelines is to "build cases by linking evidence rather than fail to bring cases because of perceived weaknesses in the victim".
Legal Update is produced in association with experts at Coram Children’s Legal Centre
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