Part 3

Victims etc
Chapter 3

Other matters relating to victims etc

Disclosure of information

Disclosure of information
54
1
A person may disclose information to a relevant authority for a purpose specified in subsection (2).
2
The purposes are purposes connected with any of these—
a
compliance with the code issued under section 32;
b
compliance with sections 35 to 44;
c
the carrying out of the functions of the Commissioner.
3
These are relevant authorities—
a
a person required to do anything under the code issued under section 32;
b
a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);
ba
a provider of probation services,
c
the Commissioner;
d
an authority within the Commissioner’s remit.
4
The Secretary of State for Justice may by order—
a
amend subsection (2) by adding any purpose appearing to him to be connected with the assistance of victims of offences or anti-social behaviour, witnesses of offences or anti-social behaviour or other persons affected by offences or anti-social behaviour;
b
amend subsection (3) by adding any authority appearing to him to exercise functions of a public nature.
5
The reference in subsection (4)(a) to persons affected by offences does not include persons accused or convicted of offences.
6
The Secretary of State for Justice may exercise the power in subsection (4) only after consulting the Attorney General and the Secretary of State for the Home Department.
7
Nothing in this section authorises the making of a disclosure which contravenes the data protection legislation.
8
This section does not affect a power to disclose which exists apart from this section.
9
In this section, “
the data protection legislation
” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
S. 54 wholly in force at 1.2.2010; s. 54 not in force at Royal Assent see s. 60; s. 54(1)(2)(a)(b)(3)(a)(b)(4)-(8) in force at 18.10.2005 by S.I. 2005/2848, art. 2(c); s. 54 in force so far as not already in force at 1.2.2010 by S.I. 2010/129, art. 2(e)
S. 54: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(a), 5(2)(a) (with art. 7)
S. 54(3)(ba) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(13)
Words in s. 54 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(2)
Words in s. 54 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(3)
S. 54(9) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 103(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
Words in s. 54(7) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 103(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)