Policing and Crime Bill

Debate between Baroness Cohen of Pimlico and Lord Kennedy of Southwark

Committee: 5th sitting (Hansard): House of Lords
Wednesday 16th November 2016 Lords Chamber

[Baroness Cohen of Pimlico (Lab)]

I too support the amendment. M, as referred to in my noble friend’s speech, is a family connection—a very capable young woman, as can be seen from the fact that she wrote right round the Metropolitan Police to discover that there was indeed no policy about whether victims’ details were handed over. It was done quite routinely, on admittance, as it were, in a case in which two off-duty police officers had actually rescued her. This seems a most peculiar omission.

I should also point out that the new clause as drafted does not just cover rape or attempted rape, but stranger danger of other sorts. Many years ago I was the victim of an attempted mugging. I got the number of the chap’s motor bike, reported it to the police and offered to give evidence. In fact he was convicted, but the police kindly said that they did not need to invite me, because he had pleaded guilty to that and a multitude of other offences. But he had issued the traditional snarling claim that he knew where I lived and would come and get me if I spoke up.

At that time it was possible to feel fairly secure and confident, having a Jewish name—Cohen—that was extremely common in London, that if I removed my name from the London telephone book, probably nobody would find me. This is not the case any more. M is a young woman with her career to make, and necessarily has a Facebook presence. He can find her if he needs to—and this is a case in which there is considerable doubt about the chap’s mental capacity.

There are lots of cases like this that are not rape; there is also assault. As a lawyer, I am conscious that the proposed new clause may be too broadly drafted. I ask the Government to get parliamentary counsel on to it to ensure that it can be adopted. If not, I will return to the issue on Report, no doubt with the support of others. This seems to me an anomaly caused by just a lack of process and anybody thinking about it, and which renders ridiculous our attempts to protect victims of stranger danger.

[Lord Kennedy of Southwark]

My Lords, Amendment 228C in the names of the noble Lords, Lord Wigley and Lord Ponsonby, and the noble Baroness, Lady Howe, seeks to insert a new clause into the Bill. As we have heard, its aim is to provide additional protection for victims or witnesses of a serious sexual offence, using the test of whether it is reasonable to assume that a disclosure of the person’s identity,

“would put the victim or witness at risk of further harm”.

It is right to include the rights of victims and witnesses in primary legislation where possible, and this is what the amendment seeks to do. Both victims and witnesses of serious offences can be very traumatised by what has happened to them or what they have witnessed. The disclosure of the name of the victim or witness to the person alleged to have committed the offence could put them at risk of further harm, as we have heard, or of fear of further harm. That, in itself, can cause additional stress and trauma for the victim or witness. Therefore, this amendment would place a specific duty on the police, when considering releasing the names of victims or witnesses to the accused person, to take into account the matters listed in new subsections (2) and (3) of the proposed new clause. That would be a sensible and welcome move, and I hope the noble Baroness will respond positively to the amendment.

I fully endorse the comments of all those who have spoken to the amendment. I was particularly surprised to hear my noble friends Lord Ponsonby and Lady Cohen say that the police have no idea what the policy is in this area. I am amazed by that. I certainly fully endorse the amendment.