Judge criticises CPS over ‘fundamental errors’ in rape sentencing press release

The most senior judge in England and Wales has criticised the Crown Prosecution Service (CPS) over “fundamental errors” in a press release concerning the sentencing of three boys who were spared custody for the rape of two girls in Fordingbridge.

The Lady Chief Justice Baroness Carr is one of three judges who heard a bid by Attorney General Lord Hermer on Wednesday (1st July) to have the non-custodial sentences of the teenage boys increased, with a judgment due to be handed down today (Thursday 2nd July).

Two boys aged 15, known as X and Y, and another aged 14, known as Z, were sentenced on May 21 for a combined 10 counts of rape and seven indecent image offences related to two victims, who were separately attacked in Fordingbridge, Hampshire, in November 2024 and January 2025.

The two older boys were involved in both attacks, while the 14-year-old encouraged the rape of the second victim.

Following the sentencing, the CPS issued a press release that suggested the boys had been convicted of raping the second victim at knifepoint, after forcing her at knifepoint to leave her phone and an AirTag in a shop so their movements could not be tracked.

But in his sentencing remarks at Southampton Crown Court, Judge Nicholas Rowland said: "The victim) alleged she was forced at knife point to go with the boys at the outset and then participate in non-consensual sexual activity.

"I am sure this did not happen. I am sure that even if a knife was present, it formed no part in any alleged kidnap and then forced sexual activity.”"

Judge Rowland also said that the girl left her phone and AirTag in the shop "by choice, not as a result of pressure from a boy".

During the hearing on Wednesday, Baroness Carr said the press release contained "fundamental errors", with Tom Little KC, for the Attorney General, saying it was not corrected until June 10.

Baroness Carr asked: "I would like to know what steps are being taken to prevent things like this ever happening again."

Mr Little replied that the corrections "should have happened immediately" and that the incident "has been investigated in full", adding: "It has been taken up at the highest level."

Baroness Carr asked: "How could it possibly have taken until June 10?"

Mr Little replied: "Nobody pointed it out until then."

The press release, which is still available online but remains dated May 21, now has a notice at the top that it has been corrected and includes Judge Rowland’s findings.

But Baroness Carr said she had "deep concern" about the release, which she said was "so clearly incorrect".

She continued that it was "troubling" that the release was not corrected for several days despite the "inevitable consequences" given the "very significant media reporting" of the case.

She said: "No one appears to have stepped in to correct basic facts."

Baroness Carr also said that the court was "considering what our options are" in relation to the error.

Mr Little told the court that prosecutors had since been instructed to check with all junior lawyers that press releases are correct before publication.

But Edward Henry KC, for Y, said that the public outcry following the sentences was "in substantial part generated" by reporting of details in the press release, even though the knifepoint rape claim was "categorically wrong".

He said: "Public confidence must be founded upon a sound and accurate appreciation of the learned judge’s actual findings.

2It cannot be founded on a public outcry on the back of inaccurate reporting, on the back of the CPS press release."

Mr Henry continued that the public outcry had made Y a "pariah" and had caused "substantial additional punishment that he is ill-equipped to bear".

He said: "The sheer force of hatred on social media and the like has gravely exacerbated his punishment since May 22."

Mr Henry also said that he had emailed Lord Hermer’s staff about the inaccuracies in the press release on May 28, but received no response.

Tracy Ayling KC, for Z, said that the inaccuracies were "particularly unfortunate".

She said: "That inaccurate press release led to a judge being vilified, a petition calling for his resignation as a judge was instigated, a very young defendant being terrified to leave his home, and political comment."

A CPS spokesperson said: "Following the trial, the CPS issued a press release which reflected the prosecution case at trial, but did not accurately reflect the judge’s findings in relation to the offending. We later amended the release to correct this and regret the error.

"It is essential that our public communications accurately reflect court findings. We have reviewed the circumstances of this case and we will identify lessons for the future." Hear all the latest news from across the UK on the hour, every hour, on Greatest Hits Radio on DAB, smartspeaker, at greatesthitsradio.co.uk, and on the Rayo app.

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