ANONYMITY FOR DEFENDANTS IN SEXUAL
OFFENCE CASES
143. In our report on the conduct of investigations
into past cases of abuse in children's homes, we suggested that
the statutory reporting restrictions, which preserve the anonymity
of victims of sexual offences, should be extended to persons accused
of historical child abuse. We also floated the idea that the
extension should apply to all sexual offences. Without
it, defendants who are never charged, or are acquitted of the
charges, may find that they continue to live with the suspicion
of having committed a sexual crime. In many cases, the consequences
can be devastating for the individual.
144. When we put this point to the Minister, he said:
"If you give anonymity then you are sending
a signal that this is a different sort of crime to other crimes,
so there is a very considerable risk in giving anonymity. Currently
the Home Secretary is of the view that you should not distinguish
defendants in sex crime cases in that way but he has also made
it clear that he is willing to listen to arguments in relation
to that to see whether or not there are circumstances that could
distinguish them. At the moment the Home Secretary's view is that
one should not distinguish these crimes from other crimes, and
therefore there should not be anonymity for defendants".[154]
145. We believe that there is a case for extending
the reporting restrictions, which preserve the anonymity of victims
of sexual offences, to persons accused of those offences. In our
view, there are grounds for distinguishing this category of crime
from other crime. First, "this is an area where there is
a possibility of mistakes being made"[155]
and secondly, the damage to those who are never charged, or subsequently
acquitted, can be permanent. We invite the Home Office to consider
the merits of such a reform by way of amendment to the present
Bill.
NON TAPE-RECORDED CELL CONFESSION
EVIDENCE
146. A further issue, for which reform may be desirable,
is the problem of unrecorded cell confessions. By this, we mean
hearsay evidence of a confession which is made in a prison cell
and overheard by one—or several—cell-mates.
147. When we put this to the Minister, he said:
"Everybody is aware of the dangers of cell
confessions. The way it is dealt with at the moment is that the
judge decides whether or not it goes in. I think that is probably
the right place to leave it, is it not, on the basis that judges
have been astute since the Police Criminal Evidence Act to exclude
confession evidence where there is a real danger attached to it.
There may be cases where it is appropriate and I can think of
cases recently where the evidence has been allowed in".[156]
148. We invite the Home Office to consider whether
further safeguards are needed to deal with the dangers of hearsay
evidence of an unrecorded cell confession.
150 The Lord Chancellor's Department Consultation Paper,
Payments to witnesses, March 2002, para 2. This is available
on the internet at http://www.lcd.gov.uk/consult/general/paywit.htm. Back
151
Second Report of the National Heritage Committee, Session 1996-97,
Press Activity Affecting Court Cases, HC 86. Back
152
First Special Report of the Culture, Media and Sport Committee,
Session 1997-98, Press Activity Affecting Court Cases: Government
Response to the Second Report from the National Heritage Committee,
HC 292. Back
153
Lord Chancellor's Department, Press Notice, 29 August 2002. Back
154
Q 440. Back
155
Q 442. Back
156
Q 445. Back
