Lords debate on Crown Prosecution Service: Rape and Sexual Offences - Jul 23
Wednesday, 24 July 2019 07:19
Baroness Newlove (Con):...We have looked at Section 41 cases. I
know that my successor, Dame Vera Baird, made a report on these in
her capacity as police and crime commissioner for Northumbria. That
came up against contradictory responses from the CPS. However, the
DPP accepted that Section 41 requests were made in an open court
but that the judges were able to direct the application to be
determined in a closed court. Again, this is an area that needs to
be carefully explained to the victim....Request free trial
(Con):...We have looked at
Section 41 cases. I know that my successor, Dame , made a report on these in her
capacity as police and crime commissioner for Northumbria. That
came up against contradictory responses from the CPS. However, the
DPP accepted that Section 41 requests were made in an open court
but that the judges were able to direct the application to be
determined in a closed court. Again, this is an area that needs to
be carefully explained to the victim. In fact, the findings of the
House of Commons Justice Committee’s inquiry into the disclosure of
evidence in criminal cases missed a huge opportunity to tackle the
great disadvantage that rape and sexual abuse victims face in this
area compared with all other victims of crime...
(Lab):...The new Victims
Commissioner, Dame , noted recently that the National
Police Chiefs Council and the CPS had published this digital
download consent form in April despite the strong disagreement of
experienced rape support organisations, Police and Crime Commissioners and
my predecessor. The instructions attached to it make it clear that
if there is no consent to—as a minimum—the extraction of all data,
except deleted material, the case may not proceed. Dame Vera said
that this was wholly disproportionate. Why are the organisations
that are complaining about this not listened to? When someone with
the status of Dame makes remarks like this, with all
her experience, surely the Government—and all those
concerned—should listen...
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