Rape counts, linked to murder, left to lie on file
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This guidance from the CPS addresses the criteria and considerations for prosecutors regarding the decision to leave rape counts, connected to murder cases, to lie on file. Prosecutors are advised to consider the seriousness of the offences, potential public interest factors, and the perspectives of victim's families when making such decisions. The document emphasizes that leaving rape counts to lie on file should only occur in exceptional circumstances.
Key points
- Prosecutors must decide if rape counts linked to murder should lie on file after careful consideration.
- Rape charges should usually be brought in murder cases where there's a realistic prospect of conviction.
- Rape prosecutions reflect the seriousness of the crime and aid in risk management post-conviction.
- The public interest usually requires a prosecution for rape due to its severity.
- Victims' families' views should be considered in plea decisions, but the final say rests with the prosecutor.
- Senior CPS approval is needed for rape charges to lie on file.
Public-interest factors
- Rape is so serious that prosecution is almost certainly required.
- A conviction for rape results in notification requirements under the SOA.
- Rape convictions affect the terms of detention in prison.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.