Rape Victims: Disclosure of Evidence
Debate between Suella Braverman and Nick Hurd(5 years ago)
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Mr Hurd
The hon. Gentleman lets himself down by trying to make cheap political points on this issue, because we are talking about a very serious matter in our criminal justice system and its integrity. He and other Opposition Members know that the problem of disclosure has run for a very long time, going way back into the 1990s, and I would have hoped that there would be cross-party support for what is being done to make radical improvements to that process.
The hon. Gentleman will also know that one of the big game changers in recent decades has been the exponential growth in the volume of digital data and the challenge that that brings to the police. He continues to give the impression that what has been announced today is a new process, but the police have been taking and requesting access to mobile phones for some time. What today represents is a well-intentioned attempt by the police to bring together best practice in a national form so that there is consistent practice across the country and so that consent is as well informed as possible—that is the intention of this form.
Suella Braverman (Fareham) (Con)
I was never a specialist in criminal law, but my time as a barrister taught me that, during litigation or prosecution, both sides come under an ongoing duty of disclosure. That is a vital principle of our justice system, made all the more important in this context where we have seen a number of rape and serious violence cases collapse upon the emergence of subsequent evidence. Does my right hon. Friend agree that what has been proposed is proportionate, reasonable and sensitive, and therefore is not anti-victim but pro-justice?
Mr Hurd
I believe so. We have to be clear that there is some risk, but there is also a counter-risk, to which my hon. Friend alludes, that continued disclosure failures would lead to more cases, such as that of Liam Allan and others, collapsing at the last moment, which is disastrous for everyone involved. No one should pretend it is easy, but we are very clear, and the House should be very clear, that we need to make material, rapid improvements to the disclosure processes, because they are the heart of the integrity of our criminal justice system.