Rape Victims: Disclosure of Evidence

Debate between Luke Pollard and Nick Hurd

Monday 29th April 2019 Commons Chamber

[Mr Hurd]

The right hon. Gentleman has served in the Government, so he knows that we sometimes have to wrestle with difficult balances. There is an extremely difficult balance to be struck between supporting the police in fulfilling their duty to follow all reasonable lines of inquiry, and our common desire to do everything we can to respect individuals’ privacy.

I come back to the heart of what the police are trying to do. This is not a new process. They are now in the business of gathering evidence from mobile phones. People are handing over phones, however difficult that is. This is an honest attempt to try to bring greater consistency and better information into the system, to try to help potential victims of rape understand the process better. I am absolutely sure that that is the intention. Whether it is being executed in the best way is clearly something on which this House has different views. Having spoken to the police, I am absolutely sure that they will be listening to this carefully. They are genuinely open to discussing with all interested parties how this can be improved. We have to get this difficult balance right.

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

On 11 April, I asked the Solicitor General whether there will be meaningful guidance for the police and the CPS about the use and trawling of individuals’ digital data. From this form, it does not look as though that has been taken on board. It feels as though the process for disclosure is about the character and credibility of the victim, not the perpetrator who is on trial. Will the Minister rewrite the guidance? Will he set out how long a victim should prepare for not having their phone; whether a timescale could be set; and, importantly, whether the police will be transparent about what data has been copied over when the phone is returned?

[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.