Extract from Oral answer (Lords) on Victims of Crime: Mobile Phone Data - May 8

To ask Her Majesty’s Government what consultation took place before the introduction of a consent form to allow police to access mobile phone content of complainants of offences; and how proportionality will be achieved.

My Lords, the National Police Chiefs’ Council and the Crown Prosecution Service consulted a number of stakeholder organisations on the development of a national consent form. The CPS has issued guidance on the examination of mobile devices, making it clear that decisions should be made on a case-by-case basis in the pursuit of reasonable lines of inquiry. A commitment has been made to engage with stakeholders further on the form and guidance.

My Lords, I am encouraged by the noble Baroness’s reply. The standardisation of consent forms has caused real concern, not least among Police and Crime Commissioners. As a former criminal law practitioner, I know as a fact how difficult it is to get convictions in the probably around 90% of cases where the defence of someone known to the victim is consent, as opposed to an attack by a complete stranger. Will the Attorney-General, who appears to have agreed the new forms, take personal charge of any review to ensure proportionality, and can we hope that disclosure problems will be substantially reduced and that there will be more successful prosecutions?

First, I commend the noble and learned Lord. Despite his efforts the other day, he was not able to get in when I answered the Urgent Question—or it may have been a Statement. However, he has now asked his Question and I am able to focus on it. He is absolutely right to raise the issue of consent. The JSC does not specifically cover consent but there is a discussion on privacy issues and its recommendation on this issue is, essentially, to have good guidance. The noble and learned Lord mentioned guidance and I will quote from the Select Committee’s report, which said:

“It is important that those who come forward to report serious offences, particularly those of a sexual or otherwise sensitive nature, are treated by investigators with respect and sensitivity. Their personal information should be handled in the same way and in accordance with their rights to privacy, where that is consistent with the interests of justice. The law is clear in that the right to a fair trial is an absolute right which cannot be violated to protect the right to privacy. We heard differing views on whether disclosing certain private information was always necessary to uphold the right to a fair trial, and this emphasises the need for clear guidance on this point”...

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