Sexual Offences Legislation

Debate between Lord Marlesford and Lord Keen of Elie

Tuesday 22nd May 2018 Lords Chamber

[Lord Keen of Elie]

Not at present.

[Lord Marlesford (Con)]

My Lords, will the Government make the change whereby, when people are not prosecuted, the police do not say “because of insufficient evidence” but use the phrase “a lack of evidence”? There is a very important distinction.

[Lord Keen of Elie]

I am not sure that I would necessarily draw a strict distinction between those two terms, but clearly no charge will made unless the police have an element of evidence. Where a case is not proceeded with by way of prosecution, that may be because of an absence of a sufficiency of evidence.