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Child sex abuse: New policy for police and prosecutors Child sex abuse: New policy for police and prosecutors
(about 1 hour later)
An overhaul of how police and prosecutors in England and Wales deal with alleged sexual offences against children is expected to be announced in the wake of the Jimmy Savile scandal.An overhaul of how police and prosecutors in England and Wales deal with alleged sexual offences against children is expected to be announced in the wake of the Jimmy Savile scandal.
Director of Public Prosecutions Keir Starmer will say in a speech the accounts of alleged victims have been treated too cautiously. Director of Public Prosecutions Keir Starmer told the BBC there was an "overcautious" approach with victims.
New guidelines for police and prosecutors will be drawn up. He said the focus was too much on whether the victim was telling the truth and not enough on the suspect.
And a panel will review cases where alleged perpetrators were not charged. "I am not advocating the test for prosecution should change," he said.
Mr Starmer is keen that the Savile case should serve as a watershed for the criminal justice system, BBC home affairs correspondent Danny Shaw said. New guidelines for police and prosecutors will be drawn up, and a panel will review cases where alleged perpetrators were not charged.
Police 'over-cautious' Mr Starmer is keen the Savile case should serve as a watershed for the criminal justice system, BBC home affairs correspondent Danny Shaw said.
'Fundamental flaw'
A review into allegations against the late DJ and TV presenter found Savile had carried out more than 200 sexual offences over a 54-year period.A review into allegations against the late DJ and TV presenter found Savile had carried out more than 200 sexual offences over a 54-year period.
Allegations were reported to police several times while he was alive but no action was taken against him.Allegations were reported to police several times while he was alive but no action was taken against him.
Our correspondent said a number of wrongful convictions following investigations into historic child abuse about 10 years ago saw the justice pendulum swing toward a more sceptical approach by police and prosecutors.Our correspondent said a number of wrongful convictions following investigations into historic child abuse about 10 years ago saw the justice pendulum swing toward a more sceptical approach by police and prosecutors.
But he said after the Savile affair there was a sense "the pendulum needs re-positioning again".But he said after the Savile affair there was a sense "the pendulum needs re-positioning again".
"A new genre of miscarriages of justice has arisen from the over-enthusiastic pursuit of these allegations". Those were the words of the Home Affairs Committee in 2002 after hundreds of people had been investigated about historical child abuse in children's homes and other institutions."A new genre of miscarriages of justice has arisen from the over-enthusiastic pursuit of these allegations". Those were the words of the Home Affairs Committee in 2002 after hundreds of people had been investigated about historical child abuse in children's homes and other institutions.
Many were wrongfully convicted and as a result the justice pendulum swung the other way: police adopted a more sceptical approach and prosecutors were more picky about the cases they took to trial.Many were wrongfully convicted and as a result the justice pendulum swung the other way: police adopted a more sceptical approach and prosecutors were more picky about the cases they took to trial.
Now, after the Savile affair and the emergence of other sex abuse allegations that have lain dormant for years, there's a sense that the pendulum needs re-positioning again.Now, after the Savile affair and the emergence of other sex abuse allegations that have lain dormant for years, there's a sense that the pendulum needs re-positioning again.
The difficulty, as Keir Starmer acknowledges, is to set the right balance - so that investigators adopt a less cautious approach to what victims say while testing and questioning their accounts.The difficulty, as Keir Starmer acknowledges, is to set the right balance - so that investigators adopt a less cautious approach to what victims say while testing and questioning their accounts.
Experience suggests it won't be easy: expect a few cases to go wrong before things settle down.Experience suggests it won't be easy: expect a few cases to go wrong before things settle down.
Mr Starmer says police and prosecuting lawyers have sometimes adopted an "over-cautious" approach in cases of sexual assault involving children - in order to guard against false allegations.Mr Starmer says police and prosecuting lawyers have sometimes adopted an "over-cautious" approach in cases of sexual assault involving children - in order to guard against false allegations.
But standards used for establishing the credibility of someone making an allegation can mean vulnerable victims are not believed and are unprotected by the criminal law, he will say in his speech.But standards used for establishing the credibility of someone making an allegation can mean vulnerable victims are not believed and are unprotected by the criminal law, he will say in his speech.
This is because complainants often have characteristics - such as inability to trust authority or to report intimate details - which both make them vulnerable and put their credibility in doubt. This is because complainants often have characteristics which both make them vulnerable and put their credibility in doubt.
"Many of the victims are vulnerable precisely because they are not only young, but they often display some or all of the following characteristics: they are unable easily to trust those in authority and still less able to report intimate details; they use alcohol; they return to the perpetrator of the offences against them; and, not infrequently, they self-harm," he is expected to say.
"If the criteria for testing their credibility match the characteristics that make them vulnerable in the first place, we have a fundamental flaw in the approach to credibility."
In future, investigators will be expected to test the credibility of an allegation by focusing on the suspect as well as the alleged victim and whether there are links to other cases.In future, investigators will be expected to test the credibility of an allegation by focusing on the suspect as well as the alleged victim and whether there are links to other cases.
The new href="http://www.college.police.uk/" title="College of Policing" >College of Policing, with the agreement of the Crown Prosecution Service and Association of Chief Police Officers (Acpo) will develop a new policy to replace the 19 sets of guidelines for investigating child sexual abuse that currently exist. 'Current atmosphere'
Mr Starmer will say the new policy must be informed, coherent and able to withstand the test of time: "We cannot afford another Savile moment," he will say. The new href="http://www.college.police.uk/" title="College of Policing" >College of Policing, with the agreement of the Crown Prosecution Service and Association of Chief Police Officers (Acpo), will develop a new policy to replace the 19 sets of guidelines for investigating child sexual abuse that currently exist.
The CPS has no policy relating specifically to child sexual exploitation, and Mr Starmer believes one "overarching" approach to the investigation and prosecution of sexual offences is needed.
He will say the new policy must be informed, coherent and able to withstand the test of time: "We cannot afford another Savile moment," he will say.
Once the new guidance has been written, training will also be offered to police and prosecutors dealing with child exploitation cases.
Alan Wardle, head of corporate affairs at children's charity NSPCC, said he hoped it would encourage victims to come forward.Alan Wardle, head of corporate affairs at children's charity NSPCC, said he hoped it would encourage victims to come forward.
"Making them think they will be taken seriously and that they're not going to be crucified by the whole process as they go through the criminal justice system is really important in helping tackle the scourge of child sexual abuse in this country," he said."Making them think they will be taken seriously and that they're not going to be crucified by the whole process as they go through the criminal justice system is really important in helping tackle the scourge of child sexual abuse in this country," he said.
Mark Newby, a solicitor who formed a panel to look at historic child abuse allegations, said he was "gravely concerned" the balance might be shifted too far in favour of the victim.
"We must find a way to navigate these victims through (the criminal justice system) when they have been genuinely sexually abused but we have to make sure those individuals who are accused are not wrongly convicted," he told BBC Radio 4 Today's programme.
"We have to be really careful not to create a whole new genre of miscarriage because of the current atmosphere and pandemonium over these cases."
The draft policy is expected to be ready for consultation in May.