Sexual Offences: Victims

(asked on 12th December 2022) - View Source

Question to the Attorney General:

To ask the Attorney General, whether it is his Department's policy that a victim of sexual assault undertaking (a) police-provided and (b) private counselling is made aware that they can retract any information provided from session notes.


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. Simultaneously with the amended Attorney General’s Disclosure Guidance the CPS published guidance on pre-trial therapy for prosecutors and investigators. The CPS Guidance 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.

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