Asked by: Paul Farrelly (Labour - Newcastle-under-Lyme)
Question to the Attorney General:
To ask the Attorney General, what recent assessment he has made of the effect on victims of rape of CPS rape and sexual offence legal guidance in relation to disclosure of medical records and counselling notes.
Answered by Lucy Frazer
All complainants are entitled to protection from unnecessary and unjustified invasion of their private lives. Medical records and counselling notes will routinely engage an individual’s Article 8 ECHR right to privacy.
CPS guidance is clear that where it is a reasonable line of enquiry in the investigation, the police should obtain the complainant’s informed consent to gain access to these records and, in the limited circumstances where it is appropriate, to enable disclosure of material to the defence. Where records amount to unused material, prosecutors will robustly apply the relevant statutory provisions when deciding whether such material should be disclosed to the defence.
The CPS is working with the police and stakeholders to ensure complainants are aware of why their records are required and how they will be used to allow them to make an informed decision.