Policing and Crime Bill — House of Lords, 2016-11-16
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, Amendment 219A is tabled in my name and that of the noble Lord, Lord Campbell-Savours. This amendment is designed simply to protect the identity of those accused of sexual offences in a similar way that the identities of the alleged victims of sexual offences are currently protected. The significant difference here is that the identity of the accused would be protected only until the point of charge, and if the police believe that the public interest demands it, the police can apply to a court to have that ban lifted so that the identity of the accused can be put into the public domain before charge. There needs to be a balance between the rights of the accused and the rights of the victims of sexual offences. This amendment is designed to allow us to establish where that balance should be We will all be acutely aware of the impact that sexual offences can have on the victims or survivors, but until recently the voice of those who have been falsely accused of such offences has not been heard. Some noble Lords will have heard about the impact that such accusations have had on the widow of Lord Brittan, Sir Cliff Richard and Paul Gambaccini when they came to speak to Members of the House about their experiences. I introduced that event but did not hear their personal accounts. Since then I have been contacted by others—the families of those whom none of us has ever heard of—who have been similarly devastated by allegations of a sexual nature being made, those allegations being made public, and then the police realising that there was no credible evidence to support the allegations. The emotional first-hand accounts of the pain and suffering of those falsely accused are powerful, but I have tried to stand aside from such emotions and to deal with this matter objectively It is important that I declare a number of interests in terms of my experiences over the years. During my professional career of more than 30 years as a police officer, I have dealt with, supported and campaigned for justice for those who have been the victims of male violence in general and of sexual offences in particular. I was one of the most senior police officers at New Scotland Yard when the incoming commissioner, Sir Ian, now the noble Lord, Lord Blair of Boughton, asked me to carry out a review of how the victims of rape were dealt with by the Metropolitan Police. Having been the co-author of a book that significantly changed the way the police investigated rape offences for the better, the commissioner wanted to ensure that the Metropolitan Police was among the best in the world at dealing with rape allegations. I carried out an in-depth review with academics and survivor groups, and produced hard-hitting recommendations on how the police should improve the way they support victims of rape. I worked together with the then assistant commissioner, Tim Godwin, to establish further Havens, places in the National Health Service where the survivors of sexual offences could go to receive the physical and psychological support they needed, where forensic samples could be preserved, and where they could be put in contact with the police if they wanted to pursue the case through the criminal justice system One of the first engagements I had with a group from outside the House following my introduction three years ago was with representatives of the End Violence Against Women Coalition, a UK-wide coalition of more than 70 women’s organisations and others working to end violence against women and girls in all its forms. The point I want to make is that I am passionate about working to end violence against women and girls, ensuring that the survivors of male violence are supported and the perpetrators brought to justice if the survivor wants to pursue the matter I know from personal experience about male violence and no one is more committed to ensuring that the criminal justice system does more to protect and support survivors, as well as ensuring that the perpetrators are successfully brought to justice in a way that respects survivors and encourages them to come forward. But this cannot be justice for victims at any cost. The protection of the rights of survivors cannot be at the unnecessary and unreasonable denial of the rights of the accused Many sexual offences are different in nature from other criminal offences. In most cases of criminal wrongdoing, there is objective and physical evidence of that wrongdoing. If someone is accused of murder, there is almost always a body. If someone is accused of child cruelty, there is a child who has been harmed. In many sexual offences cases, particularly where the offence is historical, very often there is no objective, independent physical evidence. The allegation can be made and the complainant can be credible, but the complainant may be mistaken or, albeit rarely, malicious. One has only to look at those parts of the report produced for the Commissioner of the Metropolitan Police by Sir Richard Henriques, which was made public last week, to realise how the police can be taken in. The police must treat every allegation made to them seriously, but they must believe the person making the allegation as far as the initial investigation and care and support for that person are concerned. They must treat the allegations as true as far as their interaction with that individual is concerned, unless and until they establish that there is no credible evidence to support the allegation. However, until they do establish that there is credible evidence that they can put before a court, they should not do anything to identify the accused, unless there are exceptional circumstances. That is what this amendment seeks to achieve.