My Lords, I note that the noble Lord, Lord Marks of Henley-on-Thames, concluded his comments by saying that it is a matter of balance. I would concur with that view, but the balance concerned depends on which side of the fence you feel you might fall. I do not intend to detain the House for too long, since we have already had a number of Members expressing a desire to hear from the Minister. Nevertheless, I do intend to set out our position.
We do not support either of these amendments. Amendment 182 provides for pre-charge anonymity in all cases, including sexual offences, except where a magistrates’ court decides otherwise. Amendment 187 provides for pre-charge anonymity where a person has been accused of committing a sexual offence unless a judge decides otherwise. I am not a lawyer, and it may well be that my lack of knowledge of the law will be displayed in what I have got to say. But at present, as I understand it, there is an assumption of anonymity before the point of charge, except where the police decide to use their discretion in cases where they believe that disclosure of the identity of the person suspected but not charged is likely, for example, to lead to further evidence coming forward which will enable a stronger case to be made, which will enhance the likelihood of a successful prosecution.
We had a lengthy debate in Committee on the issue of pre-charge anonymity. We on this side acknowledged that a case could be made for going down this road. However, we also referred to the reality that there is evidence—for example, in sexual offence cases, where disclosing the name of the person alleged to have committed such offences has led to other victims coming forward and a stronger case able to be made against the accused to secure a successful prosecution. We have evidence that victims of sexual offences are often reluctant to come forward because of feelings that they will not be believed if it is their word alone against that of the alleged perpetrator. This is particularly so where that individual is a well-known and respected—at least, respected at that time—figure. We know too that there are sometimes feelings of shame about such offences, or feelings that such offences have to be tolerated, and a desire not to talk about it. These are
feelings that are being expressed now with respect to the rapidly emerging scandal of sexual offences against young people in the football world—people are coming forward now that they know they are not alone.
We know too that the reporting of and convictions for sexual abuse cases are very low. Perhaps we should be spending some time considering why that is the case. We also need to take into account the fact that victims of sexual abuse—innocent people in spades—have had their lives darkened, including when the sexual offences were committed by well-known public figures. Of course, the victims themselves are rarely well-known public figures. During the passage of the Sexual Offences Act 2003, one reason we gave for not changing the law was precisely to avoid giving the impression that there is a presumption of doubt about the credibility of the complainant in sexual offence cases. I am afraid I do not wholeheartedly agree with what I think the noble Lord, Lord Paddick, was saying. Frankly, granting anonymity specifically for those suspected of sexual offences could imply that a person making a complaint in respect of such an offence was not to be believed in the same way as someone making a complaint involving another individual in relation to any other kind of serious offence, such as murder, fraud or, yes, child cruelty.
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In terms of concerns about false allegations, the Crown Prosecution Service has found that the number of false allegations is no higher for sexual offences than for any other type of crime. The real problem is still the reluctance of victims to report sexual offences, and the reasons for that reluctance. As I have said, the problem is being highlighted again by the current emerging stories relating to football in this country. Young people and children are targeted more than most by those who commit sexual offences, who are often repeat offenders. The report on child sexual abuse in Rotherham found that when offenders discovered over time that they could act with impunity, and were unlikely to be challenged, they simply increased the scale and level of violence in their offending.
We understand what has been said about the issue of leaks from the police, though it is not always the police who do the leaking. The answer to police leaking and briefing is internal discipline, suspension and supervision; it is not primary legislation. We really are in a sorry state if we are saying we cannot control our police—or we cannot exercise proper discipline and supervision within this area—and we are going to throw in the towel in that regard.
Reference has also been made to the presumption of innocence. I may be wrong but, as I understand it, the presumption of innocence is a rule that no one should be convicted of a criminal offence without evidence beyond reasonable doubt. The rule was surely not designed to stop victims or others speaking publicly, which is one interpretation that you could put on these amendments.
Our view, as we have said previously, is that the law as it stands is largely correct between the normal right for pre-charge anonymity and the discretion that the police have to disclose the names of those accused,
particularly in respect of allegations about sexual offences. Some recent high-profile cases with other victims coming forward suggest that this is hardly the time to be making changes to the law. These are changes which are clearly intended—otherwise one has to ask why they are being put forward—to reduce the incidence of disclosure of names of those suspected of offences, including sexual offences, despite evidence that others then come forward and the successful prosecution of perpetrators is enhanced.
No firm evidence has been produced that the terms of these amendments, changing the law, will not result in perpetrators of offences, and particularly sexual offences, escaping prosecution. Others, who may have been the subjects of similar assaults and already reluctant to come forward, would be even less likely to come forward under what is now being proposed. I repeat: we are opposed to these amendments.