The Crown Prosecution Service (CPS) has issued new guidance urging prosecutors to present defendants’ past behaviour to juries in rape trials more frequently. The updated instructions encourage lawyers to introduce background information about the accused, including prior allegations, inappropriate conduct, and other relevant offences, as part of their case.

Traditionally, evidence of previous convictions—referred to as "bad character evidence"—has been withheld from jurors until after a verdict is reached. However, prosecutors have long had the option to seek permission from judges to submit "similar fact evidence," which aims to show that a defendant has a history of behaviour related to the offence under trial. The revised guidance pushes for a broader and more consistent use of this approach, suggesting that such evidence should be considered whenever relevant.

Officials from the CPS cited the increasing number of rape prosecutions as a key factor driving the update. Last year, 4,616 rape cases were brought to court in England and Wales, marking the highest annual total in a decade. The service expects that the new measures will assist in providing juries with a fuller context of the defendant’s conduct, potentially enhancing the quality of decision-making during trials.

The move reflects ongoing efforts within the criminal justice system to address concerns about the difficulties in prosecuting sexual offences, where evidence is often limited and cases can hinge on the credibility of the complainant and defendant. While the guidance encourages more frequent consideration of past behaviour evidence, prosecutors must still adhere to legal safeguards designed to prevent unfair prejudice against defendants.

The CPS did not specify how often the new guidance would lead to the admission of such evidence or how it might affect conviction rates. Critics of expanding bad character evidence have cautioned that it risks biasing jurors, while supporters argue that it provides necessary context, especially in cases where patterns of conduct may be relevant.

Overall, the updated CPS guidance marks a significant shift in prosecutorial strategy in rape cases across England and Wales, aiming to ensure juries are better informed about the totality of the defendant’s relevant history.