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

Joana Ferreira, Miranda A.H. Horvath, Kari Davies

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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.
Original languageEnglish
JournalJournal of Criminal Psychology
Early online date7 Feb 2025
DOIs
Publication statusE-pub ahead of print - 7 Feb 2025

Funding

This research was funded by the UK Home Office. It was designed by Katrin Hohl and Betsy Stanko, work package (pillar) leads were Kari Davies, Miranda Horvath, Kelly Johnson, Jo Lovett, Tiggey May, Olivia Smith, and Emma Williams.

Keywords

  • Decision-making
  • Fishing expeditions
  • Full code test
  • Rape and serious sexual assault
  • Threshold-thinking

ASJC Scopus subject areas

  • Social Psychology
  • Applied Psychology
  • Law

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