“Shifting goalposts” and “fishing expeditions”: police case preparation and the application of the full code test in cases of RASSO.

Abstract

Purpose: Despite recent increases, the low level of convictions in cases of rape and serious sexual offences (RASSO), aligned with the subsequent lack of victim satisfaction with the process, has highlighted the various challenges and barriers throughout the criminal justice process. Whilst understanding the shortcomings of criminal justice processes in cases of RASSO requires a holistic approach, this paper focuses on case preparation and the application of the Full Code test. Its purpose is to explore the application of this test and preceding case preparation in police decision-making around submitting cases for charging decision, following the recommendations of the first year of Operation Soteria Bluestone. Design/methodology/approach: This study adopted a mixed-method approach, combining both interviews and case reviews of selected RASSO cases across five forces in England and Wales. Findings: This research found a shift towards “threshold thinking”, whereby officers arguably no longer try to predict a prosecutor’s decision and instead focus on meeting the requirements for the application of the test. In terms of case preparation, the research demonstrates a move away from “fishing expeditions”, with a preference for more focused approaches to collecting evidence. Originality/value: To the best of the authors’ knowledge, this is one of the first studies looking at the use of full code test principles in police decision-making in RASSO cases.