Noeline Blackwell
๐ค SpeakerAppearances Over Time
Podcast Appearances
to therapists, to victims, to victims' advocates, that they have no say over what is or isn't redacted.
They will be reduced.
Things will be crossed out.
But things will be left in as well.
That could be used... You know, because the defendant nearly always knows the accused in sexual offence cases, there could be things that the DPP don't know are private to the victim.
And so they could hand over things that are, but they have complete control over them once they're handed over.
At this stage of the law, the new law needs to come in really fast.
Yeah, so that's why the current... I would first of all say that it is absolutely important to realise that this only happens in sexual offence cases and therefore it is largely a question that victims in sexual offence cases traditionally have not been believed, they also traditionally have been women.
So I would say that it is not necessary in other types of trials to bring in these health notes.
But secondly, the Minister for Justice is saying that he has taken legal advice and that it is required to maintain a certain level of it for a fair trial for the defendant.
And everyone wants the accused to get a fair trial, including the victim.
They want to get a fair hearing.
They want the defendant to get a fair trial.
So what is going to happen in the future is the decision, there will be no question of the defendant seeing anything
before a judge sees them and a judge deems what is relevant to be given to the defendant.
And it will have to have quite, it will have to have a proven value before a judge would order that some of the therapy notes would be handed over.
So it is by no means
It is by no means fairness to the victim.
It does remain traumatising for victims.
It does put some victims off going ahead with proceedings that this might happen.