Rape Victims: Disclosure of Evidence

Yvette Cooper Excerpts

Monday 29th April 2019 Commons Chamber

[Mr Hurd]

Underlying this issue are decisions around reasonable lines of inquiry and tests of relevance made by the police, the prosecution and, ultimately, a judge, so there are, as my hon. Friend knows, checks and balances in the system. I come back to my fundamental point: I urge the House not to lose sight of the context of this initiative from the police, which is their taking a further step to improve the understanding of what they are trying to do to balance the right to privacy with their duty to pursue reasonable lines of inquiry. That is the context of this debate.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

Of course the police must have an effective disclosure regime. The Minister just referred to there being checks and balances in the system to prevent inquiries being inappropriate, but he will know that those checks and balances are already not working, and that they are not even embedded in this document. This document goes in the opposite direction. I urge him to read the form from the point of view of a rape victim who has just been through an awful ordeal. From their point of view, it looks as though they will have their phone taken away, potentially for several months; as though the police will be able to look into all corners of it and into every aspect of their life; as though any of that information could be given to the person who raped them; and as though there are no safeguards in place at all. It is pretty obvious that the form will deter people from coming forward and pursuing cases concerning these awful crimes with the police. Surely, in the interests of justice for women who are victims of awful crimes, the Minister should pull this document back and get the police and the Crown Prosecution Service to rewrite it.

[Mr Hurd]

Coming as it does from the Chairman of the Select Committee on Home Affairs, that message will be heard loud and clear by both the police and the CPS. I think that this is an honest attempt by the police to pull together best practice from across a very fragmented system, in which these forms look different in different places in the country, which is wrong. It tries to pull together something that is more consistent, and that tries to inform complainants in a better way about what may or may not happen with their phone, and the consequences of that.

I have spoken to the police about this, because the Government are extremely sensitive to any risk of compounding people’s stress or trauma in this situation. The police have assured me that they have worked closely with victim groups and others on this document, and they are absolutely open to continuing to work with groups to improve it if there is a clear feeling that it needs to be improved. I will certainly take that up with them in the light of this urgent question.