Sexual Offences: Victims

(asked on 12th December 2022) - View Source

Question to the Attorney General:

To ask the Attorney General, if her Department will make an assessment with Cabinet colleagues of the potential impact of the scrutiny of counselling records of sexual violence and abuse survivors by the police and Crown Prosecution Service on (a) the reporting of crimes and (b) the uptake of counselling services by those survivors.


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

The recent review of Disclosure found that too much third-party material, including victims counselling and therapy notes, were being accessed. The review heard from victims’ groups that this leads to victims facing an impossible decision to either seek justice or seek therapy The revised Attorney General’s Disclosure Guidelines published in May 2022 addressed this and introduced increased privacy protections for victims. Prior written reasons must be recorded before accessing this material, and access can only occur where it is necessary and proportionate.In alignment and simultaneously with the amended Attorney General’s Disclosure Guidance the CPS published guidance on pre-trial therapy for prosecutors and investigators. The guidance opens with the clear and definitive principles that: The health and wellbeing of the victim should always be the determinative factor in whether, when and with whom they seek pre-trial therapy. It is for the victim to make decisions about therapy with their therapist, including what type of therapy is obtained and when that therapy is obtained.

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