Police Commissioner welcomes amendment to Victims and Prisoners Bill

Police and Crime Commissioner for Cheshire, John Dwyer, has welcomed the news that survivors of rape will no longer face unnecessary and invasive requests from police to access their therapy notes or other personal records.

The change to the law has been proposed in an amendment to the Victims and Prisoners Bill, with the aim of providing more support to survivors following a sexual offence and preventing them from being deterred from seeking support.

The proposed change would mean the police should only request material that is ‘absolutely necessary and proportionate’. Previously, if a survivor had accessed therapy services, these notes could be asked for and potentially be used to undermine their credibility, despite the notes often not being relevant to the case.

John Dwyer, Police and Crime Commissioner for Cheshire, said:

“This amendment to the Victims and Prisoners Bill is a step forward in demonstrating to victims of crime and survivors that they are being listened to. This is vitally important in ensuring they are confident in accessing the help and support they need to help them recover.

“Removing obstacles which could prevent a survivor from continuing with a conviction is a positive step. It also removes the feeling that the survivor is the one on trial.

“In my Police and Crime Plan, delivering justice for victims of crime is one of my priorities. I hope this amendment to the Bill will empower survivors to come forward and seek support, knowing that their medical and other personal notes aren’t accessible if they’re not relevant. This is a great step forward for our justice system.”

Alex Chalk MP KC, Lord Chancellor and Justice Secretary, said:

“This important reform will end invasive requests for therapy notes for rape victims and give them the confidence to seek the help they need earlier, free from the fear that what they share in the process of healing could be weaponized against them.

“The Victims and Prisoners Bill is ensuring victims are treated as participants in, not just spectators of, the justice system – improving support for them while overhauling the parole system to better protect the public from the most dangerous offenders.”

A new code of conduct will be published to inform all Constabularies of the new rules surrounding the requests to make necessary and proportionate requests for the disclosure of third-party information.

More information about the Victims and Prisoners Bill is available here: 

bills.parliament.uk/bills/3443