The former lord chief justice has warned Parliament against telling judges how to direct juries in rape trials, in a sharp rebuke to ministers and police chiefs who spoke out after Russell Brand's conviction.

Lord Burnett of Maldon told the House of Lords that the Court of Appeal has for almost two decades given judgments on rape myths and encouraged judges to give directions in appropriate cases. He said it would be "unprecedented for parliament to seek to instruct judges on how they should direct juries" and "an unacceptable intrusion upon judicial independence".

What sparked the row

Brand was convicted at Southwark Crown Court on 5 November of one count of rape and three counts of sexual assault, and sentenced on 9 November to ten years and six months in prison. Afterwards, Metropolitan Police Commissioner Sir Mark Rowley said comments by Brand's defence barrister had come "very close to victim blaming", and backed Victims' Commissioner Claire Waxman's call for a legal duty requiring judges to direct juries on rape myths in every trial.

Prime Minister Andy Burnham said the government must look at how rape trials are conducted so complainants do not feel they are the ones on trial.

The amendment at stake

Baroness Levitt KC, a former legal adviser to Sir Keir Starmer, is seeking to amend the Courts and Tribunals Bill so judges must give rape myth directions before any evidence is heard, not only at the end of a trial. The bill's committee stage in the Lords is under way, though the amendment will not be debated until next week.

The Ministry of Justice said independent judges are already able to give such directions. Legal commentator Joshua Rozenberg notes the amendment is likely to face strong opposition if it comes to a vote.