Policing and Crime Bill — House of Lords, 2016-11-16
Topic: Law and Crime
Dafydd Wynne Wigley (Plaid Cymru, Centre-left to left): My Lords, Amendment 228C stands in my name and those of the noble Lord, Lord Ponsonby, and the noble Baroness, Lady Howe of Idlicote. I apologise, as I have before, that I have had to dip in and out of the debates on this Bill, for reasons I think noble Lords will understand This amendment concerns the victims and witnesses of serious crime and its purpose is to prevent the disclosure of a victim’s identity to the accused when there has been a serious sexual assault and the accused is a stranger. The need for this amendment is best illustrated if I briefly recall a disturbing incident. About 30 months ago, a person, whom I shall call "M", was followed by a stranger off a bus and subsequently attacked. There was an attempted rape and threats to kill her if she did not stop screaming. Fortunately, two off-duty police officers heard the screams and arrested the attacker. The noble Baroness, Lady Brinton, will recall that M gave harrowing evidence to a seminar that she chaired last month. M told Peers that, later at the police station, she was horrified to learn that her full name had been given to the assailant. He did plead guilty and was handed down a seven-year sentence but, understandably, M is now terrified that, on release, her assailant will find her and attack again. She contacted Voice4Victims, who worked out that he will be released on parole in July next year. M has changed her name, moved home and deleted her name from the electoral register, but she still fears that, by using the internet and social media, he will trace her She is not alone: other women have reported similar experiences. One woman reported dropping a case of sexual assault after learning that the attacker had been given her name. Another reported, "I am still scared every day that the guy who did this will be released and he has all my details". That was also a case of attempted rape. She said that it would have been much safer for her if she just had not reported the attack. M has contacted the police and the Met have responded, saying: "There is no specific policy or legislation which covers the issue of providing the name of a victim of rape to the suspect. Instead it is an operational decision taken by the officer in the case on a case-by-case basis" This came from the office of Commander Christine Jones. M has written to the police heads in all 32 London boroughs. What emerged is that there is no uniform policy at police stations. Most confirmed that, yes, they did disclose. Some said that they did not and that it was a matter for the court. Most were unsure. This situation is not satisfactory and is putting vulnerable female victims at risk. It is not a matter of the right of the accused knowing the accuser. As they are strangers, the use of initials or a single letter would be enough. At court, special measures can and are applied for, but by then it may be too late. The amendment makes it clear beyond doubt that disclosure puts victims at risk—anonymity does not. The clause, which was drafted for me by Voice4Victims, stipulates that disclosure is prevented if it is reasonable to assume that disclosure would put the victim at further risk of harm. In determining the concept of "reasonable", the police would take into account previous convictions, mental health issues and, indeed, access to IT. This should mean that in practice names are never given to perpetrators I hope that the Minister will recognise the serious circumstances which have led me to table this amendment. I hope that the Government will accept it today, but if for any reason there are technical difficulties with it, I would ask that they bring their own amendment at a later stage, so that this serious matter is properly addressed and victims are not caused additional and unnecessary distress, and potentially serious consequences, because of the current uncertainty as to the requirements of the law. I beg to move.