Question to the Attorney General:

To ask the Attorney General, whether the Sub-Group to the Criminal Justice Board and Review of the Criminal Justice Response to Rape and Serious Sexual Offences plans to make an assessment of the (a) effectiveness and (b) effect on survivors of rape of the legal guidance issued by the CPS on rape and sexual offence in relation to disclosure of medical records and counselling notes.

The Crown Prosecution Service is working with the police, government departments and third sector stakeholders on the Government’s review into how the criminal justice system responds to rape and serious sexual offences. The Crown Prosecution Service is committed to working with all involved in the Review, including stakeholders, to identify and address any issues that are identified.

Complainants are entitled to protection from unnecessary and unjustified invasion of their private lives. CPS guidance is clear that where it is a reasonable line of enquiry in the investigation, the police should obtain complainants’ informed consent to gain access to medical records and counselling notes. Prosecutors will robustly apply the relevant statutory provisions when deciding whether such material should be disclosed to the defence.