Policing and Crime Bill

Lord Wigley Excerpts

Report: 3rd sitting (Hansard): House of Lords
Monday 12th December 2016 Lords Chamber

Moved by

[Lord Wigley]

185: After Clause 152, insert the following new Clause—
“Victims and witnesses: disclosure
(1) A police force, police officer or Crown Prosecutor may not disclose the name of a victim or witness of a serious sexual assault or violent offence to the person accused of the offence if— (a) the parties are strangers to one another,(b) non-disclosure would not impact on the completion of a fair trial, and(c) it is reasonable to assume that such a disclosure would put the victim or witness at risk of further harm.(2) This section applies whether or not the person accused of the offence has been charged with the offence.”

[Lord Wigley (PC)]

My Lords, I realise that the House wants to move to a vote on the very important and significant debate we have just had. I do not know whether there is a mechanism whereby I could come back to Amendment 185 at Third Reading so that we do not lose this debate because this, also, is a very important question with regard to the anonymity or otherwise of people involved in rape cases. I would be grateful for some guidance on this matter.

[Baroness Chisholm of Owlpen]

I am afraid that if the noble Lord wants to press this amendment he has to press it now. We cannot go back to it again because we have to go in order.

[Lord Wigley]

I will speak as rapidly as I can and I am sorry that this is going to detain the House. Amendment 185 is in my name and those of the noble Baronesses, Lady Howe of Idlicote, Lady Brinton and Lady Cohen of Pimlico. I thank them for their support.

I do not apologise in the slightest for returning to a matter that I raised in Committee, since most of the countercase put by the Government in Committee triggered dismay and incredulity among those involved in cases such as those I highlighted then. To the extent that there was any validity in the Government’s countercase, I have adjusted the wording of the amendment to respond constructively. The impact of this new clause would be to prohibit the police in England and Wales from disclosing the name of the victim of rape or attempted rape to the alleged perpetrator—

[The Deputy Speaker (The Countess of Mar) (CB)]

My Lords, I would be grateful if noble Lords could be quiet because I cannot hear what the noble Lord, Lord Wigley, is saying. It is important for proceedings that I can hear and understand what he says.

[Lord Wigley]

I am grateful. I have rarely had that trouble in the past. As I was saying, it is the question of disclosing the name of a victim of rape or attempted rape to the alleged perpetrator where both are strangers to each other and where disclosure could potentially put the victim at further risk of harm from the accused. This is necessary because in this day and age any individual with basic IT skills, armed with the name and location of the victim, could easily obtain the full address. It is difficult to imagine circumstances where the victim would not be either at risk or feel, understandably, at risk. I remind the House that it is estimated that 10% of all rapes and attempted rapes are committed by strangers. This means that there are some 9,000 reported attacks each year. In other words, 9,000 women are being put at risk each year if their names are disclosed. There will be thousands more who never report it because of fear, shame or lack of confidence in the police and judicial system. The feelings of a victim were courageously described only last Thursday by Michelle Thomson MP in another place.

The amendment was tabled following the harrowing experiences of Victim M, to which I referred in Committee and shall now summarise briefly. I am grateful to Voice 4 Victims for providing this information. I pay tribute to them for the support they give such victims and for their determined campaigning on this and associated issues.

Victim M was followed by a stranger, attacked, suffered an attempted rape and was told to stop screaming or she would be killed. Two off-duty police officers heard her screams and arrested the man. Subsequently, M learned that the police had, in fact, given her full name to the man. This has had a devastating impact on M. She is terrified that he will find her and attack her again. He is expected to be released from serving half his seven-year sentence in July next year. M has changed her name, moved flat twice and removed herself from the electoral register to prevent him finding her.

The amendment moved in Committee was later withdrawn. Since then, Voice 4 Victims has consulted a range of experts. The clause has been redrafted to take on board those comments, especially those emanating from the police. The police have been very supportive. They themselves believe that clarification of the law is needed. From these comments it is generally agreed that a name should never be given if three conditions are met: the parties are strangers; disclosure might conceivably put the victim at risk; and non-disclosure would not undermine the completion of a fair trial, a point raised by the Minister in Committee.

After disclosure in her case, M contacted a number of police forces. Their policies on disclosure were totally inconsistent. The responses varied greatly, with no fewer than five distinct approaches followed by the police: the name being given during the interview on arrest; at the point of charge; if the case goes to court; disclosed in a statement given to the alleged perpetrator’s defence team; or not given until the case is in court, where it is a matter for the judge to decide.

M is to be commended for the comprehensive manner in which she followed up to discover such a wide and inconsistent pattern of behaviour by the police. She received a letter from Commander Jones of the Metropolitan Police, who said:

“There is no specific policy or legislation which covers the issue of providing the name of a victim of rape to the suspect. Instead it is an operational decision taken by the officer in the case on a case-by-case basis. In the case of a stranger rape, it would be very rare for the suspect to be informed at the point of arrest. For a domestic or acquaintance case, this would be more common”.

This view was reinforced by Neil Smith of the Metropolitan Police’s sexual offences, exploitation and child abuse command in the Guardian newspaper on 27 October this year.

M made contact with other victims. They have similar experiences. Victim A said, “Once he had my name he found me and messaged me on Facebook. He lives maybe a couple of hours away, so when I next moved and changed jobs I also changed my name by deed poll”. Victim B said, “I was 23. He was about 50. If he googled my name, I couldn’t think of every website it might bring up. I could kind of imagine what he might do”. Victim C said, “He was arrested a couple of days later and at that point would have been told my full name. I did not realise he was told my name then. The fact he knows my name and details is something I have always hated and part of what makes me regret ever going to the police”. I ask the House, in particular the Minister and her advisers, to note that last sentence and to ponder its far-reaching implications on whether this situation leads to people not going to the police when there has been a rape or an attempted rape. This theme is repeated by Victim D, who responded to M by saying, “Your message sums up the reasons I felt I didn’t want to go to the police. I didn’t want my life ruined by my name being released and people finding out. I suffered severe depression and was suicidal for years. Thank you for working to fix this problem”.

--- Later in debate ---

[Baroness Chisholm of Owlpen]

My Lords, as the noble Lord, Lord Wigley, has explained, this amendment is designed to strengthen the protection for the victims and witnesses of a sexual or violent assault by a stranger. I sympathise with this objective but, as I indicated in Committee, there are difficulties. I am grateful to the noble Lord for taking on board the points I made in response to his earlier amendment on this issue. He has now come forward with a substantially revised amendment. I fear, however, that this serves only to highlight again the challenges of legislating in this area.

It is vital that the criminal justice system supports and protects victims and witnesses, particularly victims of sexual offences, who are especially vulnerable. As I stated in Committee, there are already a number of means whereby those at risk of further harm, or who are deemed to be intimidated, can be safeguarded. I shall not repeat these measures now, other than to say that there is a wide range of options available for their protection. To intimidate a witness is a very serious criminal offence.

Of course, the right to a fair trial is a cornerstone of our criminal justice system. The noble Lord, Lord Wigley, has rightly acknowledged this in the revised amendment before us today. However, to say that the identity of a victim or a witness may be withheld from the defendant except where to do so would compromise the defendant’s right to a fair trial is almost always a contradiction in terms. As my noble friend Lord Hailsham said, fundamental to a fair trial is the right of the accused to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him. The accused cannot be expected to prepare a proper defence if he does not know who is accusing him of the alleged crime, and without that there can be no fair trial.

In exceptional circumstances, there is already provision for anonymity of victims or witnesses from the accused, through a witness anonymity order. A number of conditions must be met for this to apply, including that it would protect the safety of the witness or another person, that it is in the interests of justice for the witness to testify and the witness would not testify if the order were not made, and that it would be consistent with the defendant receiving a fair trial. It is an exceptional measure of last resort. This means that in the minority of cases where those accused of violent or sexual assault are strangers, the court can decide to grant victim or witness anonymity, provided these other conditions are met.

[Lord Wigley]

On that very point, if the court determines at that stage whether or not to release information, surely there is every case to get consistency prior to that. I quoted five cases, I think it was, of different responses by the police in different parts of London. The absence of any consistent approach to this underlines that there is a serious problem. If the Government were willing to review how the mechanism of referring to the courts, which the Minister mentioned, can be brought in in a way that avoids the variety of ad hoc responses by the police, that might be one way forward. I would be very grateful if the Minister would consider that.

--- Later in debate ---

[Baroness Chisholm of Owlpen]

I am sure the noble Baroness will understand that I cannot go into individual cases. CPS policy on prosecuting cases of rape clearly states that witnesses’ addresses should not be disclosed to the defendant unless already known. The CPS does not disclose the addresses, email addresses or phone numbers of victims or witnesses in any case unless already known. That is why we are looking at ways to ensure that this approach is similarly applied by police forces.

While the amendment is well intentioned, for the reasons I have given, I do not consider that it will help advance the noble Lord’s cause. He has alighted upon an important issue regarding the consistency of practice adopted by criminal justice agencies in relation to the disclosure of a vulnerable victim’s address or other contact details, and I am ready to explore further how this might best be addressed. On that basis, I hope the noble Lord will feel able to withdraw his amendment.

[Lord Wigley]

My Lords, I am grateful. I realise that the House wants to move forward rapidly. I was grateful for the contributions made by the noble Viscount and the noble Lord, Lord Carlile, to the contra argument with regard to the rights of the defendant. Of course I recognise that they are important. The question seems to revolve around the inconsistency of the police response, which the Minister has accepted needs to be looked into, and whether, while it was reasonable to withhold addresses and telephone numbers in the past, it might now be necessary to withhold the name because of the ease of getting addresses from information available on computer-based systems these days. If the Government are prepared to review those aspects of the question, we will feel that we have made some progress on this issue. If the Minister can indicate that the Government are willing to look at those aspects, I will be prepared to withdraw the amendment.

[Baroness Chisholm of Owlpen]

We realise that certain aspects need to be addressed, which is why I said that I am ready to explore further how this might best be addressed.

[Lord Wigley]

I am grateful to the Minister. On the basis of that assurance that there will be an investigation into those aspects of the question, I beg leave to withdraw the amendment.

Amendment 185 withdrawn.