Rape and Serious Sexual Offences: Jury Directions

Viscount Hailsham Excerpts

Monday 9th November 2026 Lords Chamber

[Lord Burnett of Maldon (CB)]

My Lords—

[Viscount Hailsham (Con)]

My Lords—

[Captain of the Honourable Corps of Gentlemen-at-Arms and Chief Whip (Lord Kennedy of Southwark) (Lab Co-op)]

It is the turn of the Cross Benches.

[Lord Lemos (Lab)]

I thank the noble and learned Lord for that question. As he says, we will debate it next week. But the principles he sets out are of course the right ones, and I agree with him. I have actually read the Judicial College’s Crown Court Compendium on this subject, and I commend it to people where the guidance may be necessary. I do not want to jump the gun on this—we will debate it in relation to my noble friend Lady Levitt’s amendment next week—but the principles he lays out seem entirely responsible and sensible.

[Viscount Hailsham (Con)]

My Lords, I support my noble and learned friend on our Front Bench by saying that, subject to appropriate guidance from the Court of Appeal, directions are best left to the discretion of the trial judge, who has presided over the trial and is familiar with the issues.

[Lord Lemos (Lab)]

I think I have made it clear, but I am happy to make it clear again, that the principle of judicial independence in these cases—in all cases, indeed—is a fundamental building block of the rule of law. We are not seeking to undermine that in any way. As I have said, independent judges already can and do give direction concerning rape myths; we do not want these myths to be weaponised, but we also do not want that to compromise the independence of judges.