Rape Victims: Disclosure of Evidence

Debate between Nick Hurd and Anna Soubry

Monday 29th April 2019 Commons Chamber

[Anna Soubry (Broxtowe) (Change UK)]

(Urgent Question): To ask the Minister for Policing and the Fire Service whether he will make a statement on requests by the police for victims of rape to provide their mobile phone and other digital devices.

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

Mr Speaker—[Interruption.] Not now, mother.

There is widespread recognition that disclosure in criminal cases must be improved. As the right hon. Member for Broxtowe (Anna Soubry), whom I still call my friend, knows, disclosure of evidence is crucial for ensuring the public’s confidence in the police and in our criminal justice system. It is important to note that police forces have been using forms to request victims’ consent to review mobile phones in investigations, including sexual assault cases, for some time. What is new is the national form that was introduced today, which attempts to distil current best practice and to replace the individual versions being used by the 43 police forces, to ensure that there is consistency and clarity for complainants. That is the intention of the police.

In considering seeking such consent, the police must consider what is a reasonable line of inquiry and ensure that their approach avoids unnecessary intrusion into a complainant’s personal life. In July 2018, the Director of Public Prosecutions issued advice on investigating communications evidence, making it clear that the examination of the mobile telephones of complainants should not be pursued as a matter of course and that, where it was pursued, the level of extraction should be proportionate.

This Government have made protecting women and girls from violence and supporting victims and survivors of sexual violence a key priority, and it is encouraging that more victims than ever before have had the confidence to come forward. However, it is surely critical that victims are not deterred from seeking justice by a perception of how their personal information is handled. They can and should expect nothing less than that it will be dealt with in a way that is consistent with their right to privacy and with the interests of justice.

This is clearly a complex area, and while disclosure is an important component of the criminal justice system in ensuring a fair trial, the police have acknowledged that the use of personal data in criminal investigations is a source of anxiety. They will continue to work with victim groups and the Information Commissioner’s Office to ensure that their approach to this issue strikes the necessary, if difficult, balance between the requirement for reasonable lines of inquiry and the victim’s right to privacy. I can assure the House that the Government will continue to work with partners in the criminal justice system to deliver the recommendations in the Attorney General’s review designed to improve the efficiency and effectiveness of disclosure.

[Anna Soubry]

I thank the Minister for his response. I have indeed read the document to which he refers. Rape is among the most serious and heinous of crimes, carrying a maximum sentence of life imprisonment. Victims of all crimes frequently feel that they are treated more like the accused. For example, they are required to provide fingerprints for the purposes of elimination and asked to give their consent for their medical records to be disclosed, and rape victims have to undergo intimate medical examinations after suffering the most appalling violations. However, it is the way in which we deal with these requests that is critical. What we must not do is issue a blanket demand for the handover of mobile phones and other digital devices and then threaten to discontinue a case if a victim, especially a rape victim, refuses to hand them over.

Will the Minister answer the following questions? Will he withdraw this document, because it is going to deter victims of rape in particular from coming forward? Will he ensure that there is no blanket request for rape victims—or, indeed, any other victims—to hand over phones and other digital devices? Instead, will he ensure that any request of victims—in particular, the victims of rape and other sexual offences—is made only if the investigation, including the account of the accused, has been properly looked at and it is the view of the investigating officer, having considered all the material, that such a request should be made? Will the Minister withdraw any document that states—and condemn all assertions—that cases will be dropped if the victim does not agree to hand over any material or device to the police? Does he agree that those threats are unacceptable?

Will the Minister confirm that it is already the practice of Crown Court judges to ask, at the plea and trial preparation hearing, whether all digital material has been obtained and preserved? Does he agree that if the existing law, guidance and practice directions on disclosure were followed, they would do justice to both the victim and the accused, and that their being followed properly by the police and the Crown Prosecution Service would ensure that further distress and threats to rape victims and other victims of crime would not be necessary?

[Mr Hurd]

I thank the right hon. Lady for her questions. She is of course absolutely right to describe rape as a heinous crime. She is also right to remind the House that there is nothing new about requesting personal, highly sensitive information from those alleging the crime. She is also absolutely right that that needs to be done with the utmost sensitivity. She may have a different perspective—views may differ around the House—but I believe that the police have made considerable improvements over recent years in that respect.

I have read the document, and the right hon. Lady has asked me to withdraw it. It is not my document, because the process is led by the police and the Crown Prosecution Service. What I can say to her, concerned as she is about the risk that the process might lead to those alleging rape not coming forward, is that an impact assessment has been carried out and we will take a strong interest in it. It is not a blanket request. As she knows, the police and the CPS proceed on a case-by-case basis. They have a heavy responsibility to pursue reasonable lines of inquiry and to make such a request only when they consider it relevant.

The right hon. Lady referred to the language in the document, and I think she asserted that the police were suggesting that if someone did not hand over their phone it would not be possible for the investigation or prosecution to continue. I may be misrepresenting her, but that is what I heard. Language is important, as she knows, and the document states:

“If you refuse permission for the police to investigate, or for the prosecution to disclose material which could enable the defendant to have a fair trial then it may not be possible for the investigation or prosecution to continue.”

I have discussed that with the police, and they see it as a reasonable statement of fact, but the language used is sensitive and can be discussed with the police and others to see how it may be improved.

My final point comes to the fundamental underlying issue. As the right hon. Lady and everyone in the House knows, we have had a long history of failure in relation to the disclosure system, which sits at the heart of our criminal justice system and public confidence and trust in it. There has to be a response, and the CPS and the police are working closer together than ever before on this. The national disclosure improvement plan, which is now in its second phase, is an extremely credible piece of work, and it fits with that work to try to rebuild confidence in our criminal justice system. She knows that there is a balance to be struck between pursuing reasonable lines of inquiry and protecting privacy, and I believe that the police, with the best of intentions, have tried to strike the right balance, but they are open to improving it if improvement is needed.

Oral Answers to Questions

Debate between Nick Hurd and Anna Soubry

Monday 21st January 2019 Commons Chamber

[Mr Hurd]

I would say to the hon. Lady that we have fewer firefighters because we have had 46% fewer fires over the past decade. What I would also say to her, which I said to all the fire chiefs this morning, is that I am absolutely determined that, in the next comprehensive spending review, the fire service gets the resource it needs to continue to be world class.

[Anna Soubry (Broxtowe) (Con)]

I met the chief fire officer and the chair of the fire and rescue authority in Nottinghamshire on Friday, and they made no complaint about their funding level. They have had to make a series of reductions, and they have done it extremely well, without any risks increasing at all to the people of Nottinghamshire. They want to make sure that their funding is retained, and I do not expect the Minister to comment on that. However, does he agree with me that our fire services have done remarkable things, with cuts in their budgets, without any risk to the public at all?

[Mr Hurd]

I said exactly that to the fire chiefs today. Through austerity, they have made changes, and they should be commended on their leadership during that period. Their spending power will grow by 2.2% next year, and they sit on reserves worth 42% of their spending power. I repeat to my right hon. Friend what I said to them today: I am determined to ensure that, in the CSR, our fire service is properly resourced.

--- Later in debate ---

[Mr Hurd]

I thank the hon. Lady—[Interruption]—and the House for that welcome. I recently met the leadership of Tyne and Wear, an excellently led force, and it will be receiving an increase in core spending of 1.5% this year. My undertaking to her, as to all fire chiefs, is that I will work with them to build the evidence base to put in a credible bid in next year’s comprehensive spending review to make sure that our fire service continues to be well resourced and world-class.

[Anna Soubry (Broxtowe) (Con)]

T6. The domestic violence Bill really is an outstanding piece of legislation, and I am pleased it has been getting a warm welcome from both sides of the House, but I am hearing anecdotal evidence that the East Midlands Ambulance Service—and indeed Nottinghamshire police —is not properly using the existing laws. If that turns into hard evidence, would the Minister agree to meet to see what progress we can make?

Oral Answers to Questions

Debate between Nick Hurd and Anna Soubry

Monday 16th October 2017 Commons Chamber

[Anna Soubry (Broxtowe) (Con)]

Nottinghamshire police force has decided, without any consultation and with hardly any notice—literally, a note under the clerk’s door—to end community policing in Kimberley and Nuthall in my constituency. I do not expect the Minister to comment on the merits of the decision, but does he agree that in community policing, it is really important to work with and communicate with communities?

[Mr Hurd]

I could not agree with my right hon. Friend more. It is not for me to comment on the individual decision. Nottinghamshire police force does a good job and it has difficult decisions to take, but when it takes such decisions, it must make sure that it takes the community with it, particularly on an issue as sensitive as community policing.

Voluntary Sector (Nottingham)

Debate between Nick Hurd and Anna Soubry

Tuesday 8th March 2011 Westminster Hall

[Mr Hurd]

My hon. Friend makes a powerful case, which brings me to my next point. However difficult this environment may be, it boils down to local choices, and local choice is often dictated by decisions taken in the past.

Those are local choices, but it is clear to me that the picture is very different around the country, with some local authorities—perhaps they were better run in the past, with a greater eye for efficiency and spending on what is really valuable—being in a position to minimise reductions to the voluntary and community sector. Indeed, places such as Reading and Wiltshire have increased investment, or are engaging in a process with that sector that is more transparent, more up-front and more engaged. There is a mixed picture across the country.

I know from personal contact with representatives of Nottinghamshire’s voluntary community sector that there are problems on the ground. I wrote to every Member of Parliament offering to meet members of the local voluntary community sector, and I know that my hon. Friends the Members for Broxtowe (Anna Soubry) and for Sherwood (Mr Spencer) took up my invitation. I met representatives of the sector there, and they directly expressed their concerns to me, which were principally about how the county council had managed the process of engagement.

In the little time that remains, I shall try to set out our stall and say what the Government are trying to do to help in this incredibly difficult situation. Clear messages have been sent to local authorities on the best way of behaving in this situation. The Prime Minister gave a clear steer, asking councils to cut their cost bases and make their own efficiencies before starting to think of making what might seem to be easy cuts to the voluntary sector. That is what my local authority has done, and many others are doing so, too.

That approach is clearly not happening across the piece, however, which is why I am delighted that my colleagues at the Department for Communities and Local Government have gone further. They are urging local authorities to be much more transparent about their spending on the voluntary and community sector, so that the people whom we represent can see what is being done in their names and exactly what choices are being made—for instance, decisions on county hall salaries compared with cuts for the local voluntary and community sector. The public have a right to know what is being done in their name.

[Anna Soubry]

I am grateful to the Minister for giving way. It is most unfortunate that of all the local authorities in England, it is Nottingham that still refuses to publish expenditure of more than £500. One wonders what is the problem—what has Nottingham got to hide?