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Legal matters

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Legal privilege (or lack thereof) for rape victims ..

5 replies

ProfessorSlocombe · 30/05/2019 16:07

seems doctor-patient confidentiality (which never really existed anyway) is further weakened by CPS guidelines that the police can access therapy notes.

www.bbc.co.uk/news/uk-48461160

CPS guidance states complainants should avoid discussing details of their abuse with a therapist while a trial is ongoing and that therapy notes could be used as evidence in court.

(contd)

quite a few people have come a cropper believing what they tell their doctor (or lawyer) is exempt from scrutiny.

Just a heads up ....

OP posts:
zsazsajuju · 30/05/2019 20:02

There is no such thing in the U.K. as privilege for medical professionals. It only applies to legal advice (which is not relevant in respect of victims of crimes (it protects the person who is the client of the lawyer concerned)).

prh47bridge · 30/05/2019 20:42

The CPS guidelines do not make any difference. They are simply stating the facts. The courts can order disclosure of therapy notes and they can lead to the defence alleging coaching. The CPS aren't changing things. They are simply reporting the current position.

What you tell your lawyer for the purposes of getting legal advice or for the purposes of litigation is privileged and cannot be used in court. That is the only privilege recognised by the courts.

TheFatberg · 30/05/2019 20:43

This has been the CPS position for a long time.

ProfessorSlocombe · 30/05/2019 21:20

There is no such thing in the U.K. as privilege for medical professionals. It only applies to legal advice

www.barcouncil.org.uk/media/99643/bar_council_briefing_on_pof_bill_and_lpp_-_hol_report_stage.pdf

Not anymore ....

OP posts:
prh47bridge · 30/05/2019 21:47

This has been the CPS position for a long time

It has been the law for a long time.

Not anymore ....

The article to which you link is outdated. The Investigatory Powers Act 2016 contains substantial protections for legal privilege.

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