Help understand rights and push back on intrusive requests for personal information
The government has announced that rape victims will receive specialist legal advice at every stage of the criminal justice process.
Deputy PM David Lammy confirmed a new national Independent Legal Advisor (ILA) service on Tuesday, backed by £6 million in initial funding over two years. Advisors will help victims understand their rights and push back against what the government describes as unnecessary requests for personal information, including counselling records, medical history and mobile phone data.
The announcement came alongside plans to extend the principles of ‘Operation Soteria’ into courtrooms. The initiative, which launched in 2021, changed how police and prosecutors handle rape cases by placing the focus on the suspect’s behaviour rather than the victim’s. The government now wants the same approach to carry through to trials themselves.
With this in mind, Lammy has commissioned Professor Katrin Hohl to examine where courtroom practice still places disproportionate scrutiny on victims, with recommendations expected on training, guidance and best practice.
Lammy said victims of rape had faced not only the trauma of the crime itself but a justice process that could feel as though it was judging them rather than pursuing the perpetrator. He said the new measures were designed to ensure victims had “both the protection and support they deserve throughout the justice process”.
The announcements came as the Courts and Tribunals Bill reached its second reading in the House of Commons, with the legislation containing a number of measures including controversial plans to restrict access to jury trials. Under those proposals, defendants facing charges likely to attract a sentence of up to three years could have their cases heard by a judge sitting alone rather than a jury.
Legal Cheek reported earlier today that more than 3,000 lawyers have urged the government to drop those particular plans, with retired judges, former Bar Council chairs and a former Director of Public Prosecutions joining a growing backlash against the restrictions.
