Application of scheme
2
1
The following persons, not being the actual victim of an offence, are to be regarded as the victim of that offence for the purposes of this scheme instead of the actual victim:
a
if the actual victim has died, a close family member; and
b
if the actual victim is a vulnerable person, a close family member or legal guardian.
2
In particular circumstances in which the Secretary of State considers it appropriate, a person other than the actual victim of an offence is to be regarded for the purposes of this scheme as a victim of the offence (instead of the actual victim).
3
References to the victim of an offence in this scheme shall be construed in accordance with paragraphs (1) and (2).
4
In paragraph (1) “a close family member” means one of the following persons:
a
the actual victim’s spouse or civil partner ;
b
a person with whom the actual victim is living, or as the case may be lived, as the actual victim’s spouse or civil partner ;
c
the actual victim’s parent;
d
the actual victim’s adult child;
e
the actual victim’s sibling;
f
the actual victim’s grandparent
5
In paragraph (1) “a vulnerable person” means a person under the age of eighteen or a person whose physical or mental state is such that the Secretary of State considers that it is reasonable in all the circumstances for a person listed in paragraph (1)(b) to receive the information instead.
S. 2 in operation at 1.7.2003, see s. 1
Words in s. 2(4)(a) inserted (5.12.2005) by The Prisoner Release Victim Information (Northern Ireland) (Amendment) Scheme 2005 (S.R. 2005/504), arts. 1(1), 2(2)
Words in s. 2(4)(b) inserted (5.12.2005) by The Prisoner Release Victim Information (Northern Ireland) (Amendment) Scheme 2005 (S.R. 2005/504), arts. 1(1), 2(3)