Overview

The Sexual Offences (Amendment) Bill aims to improve the handling of sexual offence cases in the UK legal system. It makes changes to evidence admissible in court, protects victims' identities, strengthens sentencing reviews, and improves training and guidance for those involved in these cases.

Description

This bill introduces several key changes:

• Restricting evidence of complainant's sexual history: It significantly limits the admissibility of a complainant's sexual history in rape trials, unless excluding it would be manifestly unjust. The court will be able to prevent questions about appearance, behavior or sexual history with unrelated third parties.
• Protecting victim identity: It prevents the police from disclosing a victim's identity to the accused in serious sexual assault or violent crimes, unless a judge consents, provided non-disclosure wouldn't affect a fair trial and the victim's safety isn't at risk.
• Extending sentencing reviews: It allows for appeals against unduly lenient sentences for stalking, issuing restraining orders, and controlling/coercive behaviour in intimate relationships.
• Ground rules hearings: It mandates ground rules hearings in Crown Court cases involving vulnerable witnesses (e.g., due to age, incapacity, or fear), addressing issues like the exclusion of sexual history evidence.
• Safeguarding in schools: It requires guidance for schools on safeguarding when both victim and accused are students and a sexual assault investigation is underway.
• Training and advice: It mandates training for the Crown Prosecution Service, police forces, and other relevant bodies on investigating rape, disclosure of victim identity, admissibility of evidence and cross-examination. It also requires advice to jury members on the meaning of consent in rape cases.
• Guidance and reporting: The Secretary of State must provide guidance to courts on implementing the Act and produce an annual report on its effectiveness.

Government Spending

The bill doesn't specify exact figures for increased government spending. However, it will likely incur costs associated with the implementation of new training programs, the development of guidance documents, and increased administrative work related to the changes in legal procedures.

Groups Affected

• Victims of sexual offences: The bill aims to protect their privacy and reduce trauma during legal proceedings.
• Accused individuals: The changes may affect their right to a fair trial depending on how the stricter rules on evidence are interpreted and applied.
• Police forces and Crown Prosecution Service: They will need to adapt their procedures to comply with the new regulations.
• Judges and Courts: They will need to apply the new legal provisions and conduct ground rules hearings as required.
• Schools: They will need to follow new safeguarding guidelines.
• Jury members: They will receive specific advice on the meaning of consent.

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