Police will be banned from going on ‘expansive fishing expeditions’ for information such as therapy notes in rape cases, the government has confirmed.
The Ministry of Justice announced yesterday that rape complainants will no longer face unnecessary and invasive requests from the police to access their therapy notes or other personal records. The Victims and Prisoners Bill will be amended to state that police should only request material that is absolutely necessary and proportionate.
'This will end expansive fishing expeditions for information that is often not relevant to the investigation and used to undermine the credibility of the victim,' the department said. Forces failing to abide by the new rules could face possible legal action under a code of conduct that will also be published.
Last year the Information Commissioner’s Office warned police that requests for excessive information could leave rape and sexual assault complainants feeling re-traumatised.
Justice secretary Alex Chalk said: ‘This important reform will end invasive unnecessary 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 weaponised against them.
'The [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.’
The department said the Police, Crime, Sentencing and Courts Act introduced similar restrictions for accessing phone information. Requests have to be necessary and proportionate. The majority of forces now have the technology to return a phone within 24 hours.
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