Victims of Crime: Mobile Phone Data

Lord Paddick Excerpts

Wednesday 8th May 2019 Lords Chamber

[Baroness Williams of Trafford]

First, I commend the noble and learned Lord. Despite his efforts the other day, he was not able to get in when I answered the Urgent Question—or it may have been a Statement. However, he has now asked his Question and I am able to focus on it. He is absolutely right to raise the issue of consent. The JSC does not specifically cover consent but there is a discussion on privacy issues and its recommendation on this issue is, essentially, to have good guidance. The noble and learned Lord mentioned guidance and I will quote from the Select Committee’s report, which said:

“It is important that those who come forward to report serious offences, particularly those of a sexual or otherwise sensitive nature, are treated by investigators with respect and sensitivity. Their personal information should be handled in the same way and in accordance with their rights to privacy, where that is consistent with the interests of justice. The law is clear in that the right to a fair trial is an absolute right which cannot be violated to protect the right to privacy. We heard differing views on whether disclosing certain private information was always necessary to uphold the right to a fair trial, and this emphasises the need for clear guidance on this point”.

[Lord Paddick (LD)]

My Lords, if social media indicates consent to sexual activity between the two individuals concerned, both before and after an alleged sexual offence, surely it would be proportionate to examine it and disclose it. Trawling social media for patterns of behaviour would surely not be proportionate, as it does not tend to prove or disprove the matter at issue: namely, whether consent was given on the occasion in question. Does the Minister not agree?

[Baroness Williams of Trafford]

The noble Lord makes an important distinction between trawling social media and identifying evidence that could be used in a trial. As I said to the noble and learned Lord, Lord Morris of Aberavon, the NPCC and the CPS have invited a number of organisations to discuss their concerns around this, and I am sure that what the noble Lord talked about will come up in these discussions.