Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if she will amend Section 100 of the Criminal Justice Act 2003 to prevent irrelevant previous disclosures being used as bad character evidence in sexual offence trials; and if she will issue guidance to the (a) CPS, (b) police and (c) judiciary on this.
This Government is absolutely committed to improving the experience of victims at court.
The Law Commission has concluded its comprehensive review into the use of evidence in sexual offence prosecutions. This is a helpful report, and an important opportunity to consider how we can make changes to the criminal justice system, so that practitioners and juries do not rely on so-called rape myths and misconceptions when making decisions in court.
The review has made recommendations on the admissibility of evidence related to previous disclosures, as well as the admissibility of other evidence – for example sexual behaviour evidence. We are carefully considering these recommendations and will set out our approach in due course.