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<p>All complainants are entitled to protection from unnecessary and unjustified invasion
of their private lives. Medical records and counselling notes will routinely engage
an individual’s Article 8 ECHR right to privacy.</p><p> </p><p>CPS guidance is clear
that where it is a reasonable line of enquiry in the investigation, the police should
obtain the complainant’s informed consent to gain access to these records and, in
the limited circumstances where it is appropriate, to enable disclosure of material
to the defence. Where records amount to unused material, prosecutors will robustly
apply the relevant statutory provisions when deciding whether such material should
be disclosed to the defence.</p><p> </p><p>The CPS is working with the police and
stakeholders to ensure complainants are aware of why their records are required and
how they will be used to allow them to make an informed decision.</p><p> </p>
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