Call for system that frees rape suspects as alternative to bail to be scrapped in England and Wales | Rape and sexual assault
Hundreds of suspected rapists in England and Wales have been released for years under investigation under a system the government has called on to scrap because it “serves no one’s interests other than the police”..
Release under investigation (RUI), introduced under the Policing and Crime Act 2017, provides police with the alternative of being released on bail without specific time periods or conditions attached to police bail.
But this means suspects often remain “under investigation” for many years, and there is no legal time limit that forces police to be held accountable for their decision to charge.
Campaigners have called for the RUI to be revoked, saying it causes uncertainty and distress for both victim and defendant and, particularly when combined with delays in the court system, evidence can become corrupted over time and victims may withdraw their support for prosecutions, creating a general impediment to justice being served.
This is a particular problem in cases such as rape and sexual assault, where there is often little physical evidence and often rely on the victim’s testimony.
Freedom of information data obtained by the Guardian from police forces revealed that more than 1,800 people reported to police for rape were released under investigation for at least three years, with almost 800 of them released under investigation in 2020 or 2021.
The actual numbers are likely to be significantly higher as not all police forces have fully responded to the demand.
In his latest review of criminal courts, Sir Brian Leveson recommended ending the RUI system, which he said created inefficiency and uncertainty. Campaigners echoed that call and urged the government to act on Leveson’s recommendation to scrap the system.
Leveson suggested that suspects should be released on conditional or unconditional bail, as was the case before 2017.
“Our Rape Crisis centers work closely with thousands of survivors of rape and sexual abuse who are experiencing the devastating consequences of protracted police investigations,” said Maxime Rowson, head of policy and public affairs at Rape Crisis for England and Wales.
“The use of investigative release exempts known abusers from restrictions, while survivors wait months or even years for police investigations to progress.”
He added: “These long, uncertain waits can be re-traumatising, putting survivors and others at greater risk and weakening the evidence on which these cases are based as memories fade over time. Add police delays to the delays caused by the crown court backlog and survivors are being asked to endure a process that no longer resembles a functioning justice system.”
Hannah Couchman, a lawyer and senior legal officer at the charity Women’s Rights, said the system “serves no one’s interests other than the police”.”.
“We were really surprised and concerned to see that regular release pending investigation was actually being used as an alternative to bail, but with less safeguards, less supervision, less scrutiny, less opportunity to take into account the rights of both the victim and the suspect.” he said.
He said the system “lets the police off the hook because they don’t have to think about bail conditions, which leaves victims unprotected and suspects in a situation where they’re not sure what they’re doing and they’re not allowed to do it.”
“This means that victims may opt out of the entire criminal justice process because the delays are so significant,” he added.
Andrea Simon, director of the Coalition to End Violence Against Women (EVAW), said: “We have seen a dramatic failure in the use of bail in cases of rape, domestic violence, harassment and stalking, and a corresponding increase in the use of those released under investigation since the change in the law in 2017.
“Investigations spanning several years are unacceptable, causing great harm and trauma to survivors and creating long-term uncertainty for everyone involved.”
He added: “There is an urgent need for the police and the CPS to work together to improve the timeliness and quality of prosecution decisions. Victims of rape and sexual violence are already having to endure the longest delays to their cases compared to other types of crime in light of the crown court’s backlog. The impact of this on their mental and physical health cannot be underestimated.”
A Home Office spokesman said: “This government is committed to halving violence against women and girls within ten years. We will implement a cross-government strategy that will set out concrete action to track perpetrators, support victims and prevent these crimes from happening in the first place. We are considering the recommendations set out by Sir Brian Leveson in Part One of his review.”
