Source · Select Committees · Justice Committee
Recommendation 22
22
Accepted
Paragraph: 82
Counselling notes' therapeutic purpose requires strict enforcement of reasonable disclosure grounds.
Conclusion
The primary purpose of counselling is therapeutic not investigative. The law should still allow for disclosure of those notes where their probative value merits it; but the reasonable grounds test must be respected and enforced effectively if victim confidence in the criminal justice system is to be sustained.
Government Response Summary
The government states the recommendation reflects its existing position and that recently published CPS guidance already clarifies that third-party material should only be considered when necessary, proportionate, and relevant to a reasonable line of enquiry.
Paragraph Reference:
82
Government Response
Accepted
HM Government
Accepted
31. We thank the Committee for their recommendation, which reflects the Government’s existing position. The recently published CPS pre-trial therapy guidance makes it clear that this type of third-party material should only be considered when necessary, proportionate and related to a reasonable line of enquiry in the case. Pre-legislative scrutiny of the draft Victims Bill: Government Response 13