Jade Blue McCrossen-Nethercott, who successfully sued the Crown Prosecution Service (CPS) said survivors must have the right to challenge decisions not to prosecute
Solicitor General Ellie Reeves announces expansion of CPS reviews
A woman whose alleged rapist was never prosecuted after his defence said she had a rare sleep condition has praised steps to prevent it happening again.
Jade Blue McCrossen-Nethercott, who successfully sued the Crown Prosecution Service (CPS) said survivors must have the right to challenge decisions not to prosecute. Solicitor General Ellie Reeves will today(TUE) announce the expansion of a project allowing sex crime victims to seek a review by a second prosecutor. She said too many are seeing cases close before they get to court.
Jade learned in 2020 that her alleged attacker would not be taken to taken to trial because his defence team claimed she had an episode of “sexsomia”. This is a condition that means people carry out sex acts while asleep. The CPS later apologised for not proceeding with the case.
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Jade said: “My own experience showed me how final a decision can feel when a case is stopped, even when important questions remain. A later review found that my case should have gone forward, but it came too late to change the outcome. That’s why having an earlier opportunity to challenge a decision matters. Learning from the West Midlands shows that giving survivors this option at the right moment can make a real difference, with many saying that simply knowing the option exists helps.”
Since the summer, survivors in the West Midlands have been able to demand a review if a first prosecutor decides there is no realistic chance of conviction. The Government today(TUE) announces this pilot will be expanded to the North West this month, followed by Yorkshire and Humberside next month(FEB) and Wales in April.
Siobhan Blake , National CPS Lead for Rape and Serious Sexual Offences, said: “For survivors of rape and sexual offences, the possibility that their abuser may never face justice can be deeply distressing. Victims deserve absolute confidence that every decision is made with care and expertise. Our specialist prosecutors usually get it right first time, but when we don’t — and a case that could have continued is stopped — an apology alone can never feel like justice.”
Jade was awarded £35,000 in 2024 in a rare compensation ruling. She reported her alleged attacker to police in 2017, but the prosecution was derailed by evidence from sleep experts she had never met.
She described it as one of the darkest points of her life. Currently criminal cases can be stopped at any point if a prosecutor decides there is no longer a realistic prospect of conviction. While victims can ask for the decision to be reviewed under the Victims’ Right to Review (VRR) scheme, this will not change the outcome.
However the expanded pilot allows a different prosecutor to review evidence before a final decision is made – and the chance to continue proceedings remains.
Ms Reeves said: “Rape and sexual assault are abhorrent, causing long-lasting physical and emotional trauma to victims. Those scars deepen when brave survivors who come forward see their cases closed without ever getting to court. Victims who come forward deserve to know that their experiences are being heard.
“Tackling violence against women and girls and supporting victims is my number one priority. We cannot stand by while survivors feel let down by the very system that should protect them.”
She continued: “Since launching in the West Midlands, survivors have told us this is exactly what they need– the chance to have their case reconsidered before a final decision is reached. That feedback has been powerful, and it has driven our determination to expand this scheme further.
“Halving violence against women and girls is at the heart of this government’s mission and our cross-government strategy puts survivors at the centre of everything we do.
“This expansion will increase routes to justice and restore confidence in the criminal justice system.”