A law change is being proposed to ease the distress caused to rape victims while police carry out their investigations. Officers will only be allowed to request personal records from rape victims when strictly necessary in future, the Justice Secretary has told MPs.
Alex Chalk says that under the new law, officers would no longer be allowed to make routine requests for such records, which can make victims them feel as if they are facing interrogation. It's one of a number of changes being proposed by the Government as part of its Victims and Prisoners Bill.
The Bill would also give the Justice Secretary powers to block the release of the most dangerous prisoners, and introduce a new independent public advocate (IPA) to represent the families and victims of disasters involving public authorities, such as the Grenfell Tower fire or Hillsborough disaster. It's hoped the Bill will strengthen support for victims during their involvement with the justice system.
READ MORE: Join the FREE Manchester Evening News WhatsApp community
Discussing the changes proposed to support rape victims, Mr Chalk told the Commons: “I can also tell the House that we will bring forward an amendment at the committee stage to block unnecessary and intrusive third-party material requests in rape and sexual assault investigations. I know that routine police requests for therapy notes or other personal records can be incredibly distressing for victims, they can feel as if they are the ones under scrutiny.
"Some may even be deterred from seeking support for fear of their personal records being shared. Our Bill will make sure that these requests are only made when strictly necessary for the purposes of a fair trial.”
On powers proposed to block the release of the most dangerous prisoners, Mr Chalk said the Bill would 'impose a new safeguard, a new check and balance in respect of the top tier of the most serious offenders drawn from murderers, rapists, child killers and terrorists'. He added: “In those cases, where there is a Parole Board recommendation to release a prisoner, the Bill will allow the Secretary of State to intervene on behalf of the public to stay that release to enable ministers to take a second look.”
On creating the IPA, Mr Chalk added: “The IPA will work on behalf of victims. It will be a crucial conduit between them and key public authorities. It will focus resolutely on what survivors and the bereaved actually need, not just what others in authority might assume that they need.
"The IPA will also help victims and bereaved navigate complex processes that most people would find deeply stressful and upsetting, such as investigations, inquests and public inquiries.” Labour former minister Maria Eagle, who has long campaigned for a public advocate to be established, urged the Justice Secretary to consider measures aimed at strengthening the IPA’s powers and role.
Mr Chalk replied: “She has lived and breathed this issue for a long time and, of course, it’s absolutely right that I consider those points.” Shadow justice secretary Steve Reed branded the legislation a 'victims’ Bill in name only', adding: “Labour will seek to strengthen the Bill and rebalance the scales of justice in favour of victims and the law-abiding majority."
Labour, he said, would put down amendments to 'establish a fully independent legal advocate accountable to families, as the Hillsborough families and campaigners have demanded'. Mr Reed said the Bill 'does nothing to cut the courts backlog that warps the justice system under the Conservatives'.
He added: “We will give judges the power to force offenders to stand in the dock in open court while they are sentenced, and we’ll do that because the victims deserve nothing less. There is, disappointingly, still no victims’ commissioner in place.
"The Government has left the post vacant for six months now and there’s still no sign of any new appointment … this Bill does nothing to strengthen the powers of the victims’ commissioner.” The Bill received an unopposed second reading and will progress for further parliamentary scrutiny.
READ NEXT:
