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Briefing on third-party materials, privilege for notes of therapy and legal representation for victims of rape

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This document outlines proposed amendments to the Victims and Prisoners Bill, with the intent of radically improving the experience of the criminal justice system for rape victims. (This document was updated on 22 April 2024.)

The Victims and Prisoners Bill misses an opportunity to address the typically very poor experiences of rape complainants within the criminal justice system.

The following amendments to the Bill would make the necessary changes required to radically improve the experience of the criminal justice system for rape victims:

  • Amending the government’s clauses on TPM to include the safeguards from the digital clauses in the PCSC Act.
  • Adding a clause which conveys a statutory right to free and independent legal representation for victims of rape where their ‘Article 8’ rights are impacted.
  • Adding a clause which makes notes of therapy/ counselling subject to a form of privilege.

For further information on any of the proposed amendments, please email victims.commissioner@victimscommissioner.org.uk.