In 2022 following the publication of independent research, the CPS launched its long-term Victim Transformation Programme, setting out their commitment to improve the service they provide to all victims. This programme will deliver a new Universal Service to improve the experience of all victims, and an Enhanced Service to support victims with the greatest need, helping ensure they remain engaged with the criminal justice system. Under Operation Soteria, and as part of the programme, over half of all CPS areas are now testing new, innovative approaches to engaging with adult rape victims. I was glad to see this work on a visit to the CPS in Bristol last November where I heard first hand from the CPS and support service providers about the success of the work so far.

The revised Attorney General’s Disclosure Guidelines published in May 2022 introduced increased privacy protections for victims in respect of their counselling notes being accessed during the course of a criminal investigation. Prior written reasons must be recorded before accessing counselling notes of victims, and access can only occur where it is necessary and proportionate. The Attorney General’s Disclosure Guidelines are kept under constant review to ensure they are operating as intended. My officials and I engage with victims’ representatives, as did my predecessor and extensively so during the recent review. I will continue to monitor the effective operation of Disclosure to ensure my guidelines support victims by ensuring the recently introduced robust tests to accessing sensitive material are applied by investigators and prosecutors.

The recent review of Disclosure found that too much third-party material, including victims counselling and therapy notes, were being accessed. The review heard from victims’ groups that this leads to victims facing an impossible decision to either seek justice or seek therapy The revised Attorney General’s Disclosure Guidelines published in May 2022 addressed this and introduced increased privacy protections for victims. Prior written reasons must be recorded before accessing this material, and access can only occur where it is necessary and proportionate.In alignment and simultaneously with the amended Attorney General’s Disclosure Guidance the CPS published guidance on pre-trial therapy for prosecutors and investigators. The guidance opens with the clear and definitive principles that: The health and wellbeing of the victim should always be the determinative factor in whether, when and with whom they seek pre-trial therapy. It is for the victim to make decisions about therapy with their therapist, including what type of therapy is obtained and when that therapy is obtained.

The recent review of Disclosure found that too much third-party material, including victims counselling and therapy notes, were being accessed. The revised Attorney General’s Disclosure Guidelines published in May 2022 addressed this and introduced increased privacy protections for victims. Prior written reasons must be recorded before accessing this material, and access can only occur where it is necessary and proportionate. Pre-trial therapy notes will now only be accessed in the rare circumstances that they are absolutely necessary to a reasonable line of inquiry. This ensures significant protections for victims while maintaining a fair trial.

The revised Attorney General’s Disclosure Guidelines published in May 2022 introduced increased privacy protections for victims in respect of their counselling notes being accessed during the course of a criminal investigation. Prior written reasons must be recorded before accessing counselling notes of victims, and access can only occur where it is necessary and proportionate The CPS guidance on pre-trial therapy for prosecutors and investigators is clear that prior to approaching a therapist about material relating to the victim that might be relevant to the investigation, the police should seek the agreement of the victim to this approach being made and inform the victim of their right to object at any time to the processing of their personal data which may follow. The Home Office has also recently concluded a consultation on police requests for personal records (‘third party material’). The response to this consultation and next steps will be published shortly.

The requirement to disclose material which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused is set by legislation, and not by the Disclosure Guidelines. The revised Attorney General’s Disclosure Guidelines published in May 2022 introduced increased privacy protections for victims in respect of their counselling notes being accessed during the course of a criminal investigation. Prior written reasons must be recorded before accessing counselling notes of victims, and access can only occur where it is necessary and proportionate. The Home Office has also recently concluded a consultation on police requests for personal records (‘third party material’). The response to this consultation and next steps will be published shortly.

The revised Attorney General’s Disclosure Guidelines published in May 2022 introduced increased privacy protections for victims in respect of their counselling notes being accessed during the course of a criminal investigation. Prior written reasons must be recorded before accessing counselling notes of victims, and access can only occur where it is necessary and proportionate. Simultaneously with the amended Attorney General’s Disclosure Guidance the CPS published guidance on pre-trial therapy for prosecutors and investigators. The CPS Guidance is clear that prior to approaching a therapist about material relating to the victim that might be relevant to the investigation, the police should seek the agreement of the victim to this approach being made and inform the victim of their right to object at any time to the processing of their personal data which may follow.

In May, the Government published the review of disclosure and amended the Disclosure Guidelines, in order to further support victims of crime. Updated principles on accessing third party material have strengthened protections for victims and restrict access to such material only where it is necessary, proportionate and linked to a reasonable line of inquiry in the case. The police must have clear, written reasons in place before accessing any material such as therapy notes. This is a new requirement which improves transparency and accountability. The Crown Prosecution Service (CPS) has also issued clear guidance on accessing pre-trial therapy notes. This makes clear that victims should get the help that they feel they need and that neither investigators nor prosecutors will stand in the way of this.