CPS error led to collapse of trial

What happened

In spring 2013, Ms A was verbally threatened by a man known to her (Mr R) while she was at work. According to Ms A, Mr R threatened both her, and her teenage daughter. Ms A reported the matter to the police and Mr R was arrested. The police charged Mr R and a trial date was set for autumn 2013.

However, due to an administrative error, the CPS failed to tell Ms A about the court hearing. As a result, she did not attend and the CPS prosecutor offered no evidence, and the alleged offender was acquitted.

Ms A complained to us about what had happened and said the CPS had failed to meet its responsibilities to her as set out in the Victims' Code. She said she felt threatened by the alleged offender, particularly as he had been released. She said she had lost confidence in the justice system and felt she was in a worse place than if she had not reported the crime in the first place.

The CPS acknowledged and apologised for its error. However, under its guidance at the time, it was unable to make consolatory payments that may have gone some way to putting things right for Ms A.

What we found

The CPS' error had led to no evidence being offered at the hearing. Although we could not say what the outcome would have been if the hearing had gone ahead, we felt Ms A's uncertainty about this was a significant injustice in itself.

We also found the CPS' failure to meet its obligations under the Victims' Code meant that Ms A had been let down by the system specifically designed to protect people in her position.

Putting it right

Following our investigation, the CPS paid Ms A £2,000 in recognition of the injustice she had suffered.

Since Ms A made her complaint, the CPS has changed its guidance and can now make consolatory payments in appropriate circumstances.