Digital Evidence

Lord Hayward Excerpts

Monday 7th September 2020 Lords Chamber

Asked by

[Lord Hayward]

To ask Her Majesty’s Government what progress has been made towards finalising a digital evidence policy for access to complainants’ and witnesses’ mobile phones, particularly in relation to cases of alleged rape and sexual assault.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, cross-government work continues to ensure that complainants and witnesses are asked only to provide what is necessary and proportionate to investigate crime. Policing and the Attorney-General will publish new and updated guidance and the Home Office will work with policing to ensure that this is enabled by appropriate technology and training.

[Lord Hayward (Con)]

My Lords, there is a sense that, in recent years, police policy in sexual offence cases has swung from favouring one side to favouring the other. Following recent court cases, and the need to review how police deal with digital evidence, can my noble friend and the Home Office officials help ensure that both the alleged victim and the accused have fair and reasonable access to all relevant communications at all times?

[Baroness Williams of Trafford (Con)]

I share my noble friend’s sentiment. While rape and sexual assault are devastating and serious crimes, we expect all investigations to be conducted thoroughly and fairly to ensure equal access to justice for both victims and defendants. We are engaging with partners, including the NPCC, the CPS and the College of Policing, to ensure that the police have the appropriate framework, technology and training to strike the right balance between a victim’s right to privacy and reasonable lines of inquiry.