Rape Victims: Disclosure of Evidence
Debate between Chris Leslie and Nick Hurd(5 years, 6 months ago)
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Mr Hurd
The requirement on the police in relation to transparency already exists. On the guidance, again, I make it clear to the hon. Gentleman and to the House that the Director of Public Prosecutions’ advice on investigating communications data makes it clear that the examination of complainants’ mobile telephones should not be pursued as a matter of course, and that where it is pursued, the level of extraction should be proportionate. That is the guidance that both the police and the CPS understand, respect, and are implementing.
Mr Chris Leslie (Nottingham East) (Change UK)
Of course there has to be disclosure relevant to the defence—nobody would dispute that—but this is about the question of what is relevant, especially when, as the right hon. and learned Member for Camberwell and Peckham (Ms Harman) said, an alleged assailant is a complete stranger. The impact of this full disclosure requirement, and the headlines in the newspapers, was truly atrocious. Potential victims of sexual assault or rape will have seen some of those headlines, whether it be “Digital strip-search” or “Hand over your phone now”. This is nothing short of a public relations disaster in our criminal justice system. The Minister really should take up the opportunity to review this document and correct that; otherwise fewer people will come forward and report crimes.
Mr Hurd
I certainly do not want that outcome, and neither does anyone else in this House. That would be a retrograde step. My instinct is to check the facts and look at the impact assessment, but if the mood of the House is that this document is not right, then I will certainly take that up with the police and the CPS. The hon. Gentleman knows that what is a reasonable line of inquiry is an investigative matter for the police and the CPS. On the definition of “relevant”, I am not a lawyer—the Chamber is probably bristling with lawyers—but there are many years of case study to help us to understand that point.