Overview

The Sexual Offences (Amendment) Bill aims to improve the handling of sexual offence cases in the UK legal system. Key changes include stricter rules on admitting evidence of a complainant's sexual history, greater protection of victim identities, and improved training for those involved in the prosecution of such cases.

Description

This bill makes several key amendments to existing laws:

• Restriction on Evidence of Complainant's Sexual History: Significantly restricts the admissibility of evidence relating to a complainant's sexual history in rape and attempted rape cases, unless it's deemed manifestly unjust to exclude it. The aim is to prevent the use of such evidence to undermine the complainant's credibility.
• Victim Identity Protection: Prevents the police from disclosing a victim's identity to the accused in serious sexual or violent crimes if they are strangers, non-disclosure wouldn't affect a fair trial, and disclosure would put the victim at risk.
• Sentencing Reviews: Expands the range of offences that can be reviewed by the Court of Appeal if the original sentence is considered unduly lenient. This includes stalking, restraining orders, and controlling or coercive behaviour in intimate relationships.
• Ground Rules Hearings: Mandates ground rules hearings in Crown Court cases where a witness is eligible for assistance due to age, incapacity, fear, or distress. This includes consideration of excluding cross-examination on the complainant's sexual history.
• Safeguarding in Schools: Requires the Secretary of State to issue guidance to schools on safeguarding when a sexual assault or abuse accusation involves pupils from the same school and a police investigation is underway.
• Training and Advice: Requires the Secretary of State to provide training on rape investigations, victim identity disclosure, and admissibility of evidence to relevant bodies, including the Crown Prosecution Service and police forces. It also mandates advice for jury members on the meaning of consent in rape cases.
• Guidance and Annual Reporting: The Secretary of State must issue guidance to the courts and produce an annual report on the Act's impact.

Government Spending

The bill will likely lead to increased government spending on training programs for the Crown Prosecution Service, police forces, and potentially other public bodies. Specific figures are not provided in the bill text.

Groups Affected

• Victims of sexual offences: The bill aims to provide greater protection and reduce the trauma experienced during legal proceedings.
• Accused in sexual offence cases: The bill may affect their right to a fair trial, depending on the interpretation and application of the new rules on evidence.
• Police forces and Crown Prosecution Service: These bodies will need to implement the new procedures and training outlined in the bill.
• Schools: Schools will need to adhere to new safeguarding guidance.
• Judges and Jury members: Will need to apply the new rules and guidance in court proceedings.

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