Sexual Offences: Victims

(asked on 12th December 2022) - View Source

Question to the Attorney General:

To ask the Attorney General, whether she plans to bring forward legislative proposals to only allow the (a) police and (b) Crown Prosecution Service to request scrutiny of counselling records of sexual violence and abuse survivors that relate to a specific offence.


Answered by
Michael Tomlinson Portrait
Michael Tomlinson
Minister of State (Minister for Illegal Migration)
This question was answered on 19th December 2022

The revised Attorney General’s Disclosure Guidelines published in May 2022 introduced increased privacy protections for victims in respect of their counselling notes being accessed during the course of a criminal investigation. Prior written reasons must be recorded before accessing counselling notes of victims, and access can only occur where it is necessary and proportionate The CPS guidance on pre-trial therapy for prosecutors and investigators is clear that prior to approaching a therapist about material relating to the victim that might be relevant to the investigation, the police should seek the agreement of the victim to this approach being made and inform the victim of their right to object at any time to the processing of their personal data which may follow. The Home Office has also recently concluded a consultation on police requests for personal records (‘third party material’). The response to this consultation and next steps will be published shortly.

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