Victims and Prisoners Act 2024

Commentary on provisions of Act

Part 1: Victims of Criminal Conduct

Meaning of "victim"

Section 1: "Meaning of Victim"

194. Section 1 defines a "victim" for the purpose of this Part of the Act.
195. Subsection (1) describes a victim as somebody who has been harmed by a crime and is the person against whom the crime is committed or somebody who fits into one or more of the categories in subsection (2).
196. Subsection (2) captures other individuals who can be a victim for the purposes of this Part of the Act, if they have suffered harm, in addition to the person against whom the crime is committed. It includes:
197. Those harmed as a result of witnessing criminal conduct, meaning those who see, hear, or directly experience the crime in live time.
198. Individuals born as a result of rape or any sexual offence that can directly result in a pregnancy.
199. Close family members of individuals killed by criminal conduct. This reflects the current Victims’ Code which specifies that bereaved families are victims for the purposes of the Code.
200. A child under 18 years of age who sees, hears, or experiences the effects of domestic abuse which constitutes criminal conduct between adults (aged 16 and older). As set out in subsection (3), this is to be read in accordance with the definition of a victim of domestic abuse in Part 1 section 3 of the Domestic Abuse Act 2021.
201. Subsection (4) defines:
     1. "Harm" as including physical, mental or emotional harm (which captures both diagnosed and undiagnosed psychological condition or impacts on the person) and economic loss. This does not require the "harm" caused to the individual to be verified by another party, professional or otherwise; and,
     2. "Criminal conduct" which means conduct which constitutes an offence in England and Wales, except for in relation to Section 27, where it covers conduct which constitutes an offence in the UK, because the Parliamentary Health Services Ombudsman is a UK-wide body.
202. Subsection (5) confirms that a person can be a victim of criminal conduct for the purposes of this section, irrespective of whether or not an offender is charged or convicted, including where the crime has not been reported. This ensures that the provisions of the Code issued under Section 2 can cover the provision of services to victims at all stages of the criminal justice process and to victims of offences in respect of which no criminal proceedings are eventually brought (including where the victim chooses not to report the crime) or where criminal proceedings result in a not-guilty verdict
203. Subsection (6) makes an amendment to the definition of "victim" in section 52 of the Domestic Violence, Crime and Victims Act 2004 to ensure consistency between the two provisions.

Victims’ Code

Section 2: The Victims’ Code

204. Section 2 restates, with amendments, the provisions of section 32 of the Domestic Violence, Crime and Victims Act 2004 (the 2004 Act) that relate to the requirement to issue a Code of Practice (subsection (1)) in respect of the services to be provided to victims by persons who have functions of a public nature relating to victims or the criminal justice system as a whole.
205. Subsection (3) inserts a new subsection into the re-stated provisions of the 2004 Act stating the key principles that must be reflected in the services provided under the Victims’ Code.
206. These principles are that victims of criminal conduct require:
     • information to help them understand the criminal justice process;
     • access to services which support them (including, where appropriate, specialist services);
     • the opportunity to make their views heard in the criminal justice process; and
     • the ability to challenge decisions which have a direct impact on them.

207. Subsection (4) give the Secretary of State a power to make regulations making further provision about the Victims’ Code, including matters that the Code must include, subject to the restriction in subsection (5).
208. Subsections (6)-(9), as substantively restated from the 2004 Act allow the Code, amongst other things to:
     • differentiate between different types of victims, for example so that particularly vulnerable victims might receive a faster service, or a service tailored to their needs, specifying that particular regard must be paid to the needs of victims under the age of 18 and those with protected characteristics when considering whether to make different provision for victims of different descriptions;
     • benefit persons other than the victim, such as those who might represent the victim like parents of victims who are children; and
     • allow for regional variations in the way that services are provided to victims so that the Code can reflect local practices.

209. Subsection (11) provides that the Code may not require anything to be done by a person acting in a judicial capacity (or someone acting on their behalf in that capacity) or by a person acting in the discharge of a prosecutorial function if that function involves exercising a discretion.
210. Subsection (13) is a transitional provision designed to ensure the continuity of the Victims’ Code.

Section 3: Preparing and issuing the Victims’ Code

211. Section 3 restates the procedure for issuing and amending the Code as set out under section 33 of the Domestic Violence, Crime and Victims Act 2004. However, historic references to the Secretary of State for Justice and the Secretary of State for the Home Department have been amended to refer instead to "the Secretary of State", which is defined in the Interpretation Act 1978 and means one of His Majesty’s Principal Secretary of State. In practice this power is expected to be exercised by the Secretary of State for Justice acting in consultation with the Secretary of State for the Home Department. Subsections (6)-(8) set out the procedure for the new Code to be laid in Parliament and provide for it to be brought into operation.
212. Section 3 restates the obligation for the Secretary of State to consult the Attorney General and also includes new statutory consultees - Welsh Ministers and the Victims’ Commissioner.

Section 4: Revising the Victims’ Code

213. Section 4 confirms that the procedure set out in Section 3 must be followed when revising the Victims’ Code once it has been brought into operation. These provisions are restated from section 33(8) and (9) of the Domestic Violence, Crime and Victims Act 2004.
214. It also creates a new secondary procedure for making amendments to the Victims’ Code, which can be used where the Secretary of State considers the revisions to be minor. Such amendments can be made without a public consultation and include corrections, clarifications and revisions which reflect changes to the law or practice or procedure of the criminal justice system. Subsection (5) states that, under this procedure, the Secretary of State must consult the Attorney General, the Victims’ Commissioner and the Welsh Ministers; lay a new Code before Parliament and stipulate via regulations when the new Victims’ Code will come into force.

Section 5: Effect of non-compliance

215. Subsection (1) provides that when the Victims’ Code makes provision for a person to provide a service, that person ("the service provider") is required to provide that service in accordance with the Code, unless the service provider has good reasons not to do so.
216. Subsection (2) requires all service providers who are legal persons (rather than individuals) to have procedures in place for persons to complain about an alleged failure to comply with the service provider’s duty to provide services in accordance with the Code.
217. Subsections (3) and (4) restate section 34 of the Domestic Violence, Crime and Victims Act 2004 and provides that a failure to comply with the Code does not, in itself, give rise to any liability to criminal or civil proceedings.

Section 6: Code awareness and reviewing compliance: criminal justice bodies

218. Sections 6 and 8 use the definition "elected local policing body", which has the meaning given by section 101 of the Police Act 1996, namely; (a) a police and crime commissioner, and (b) the Mayor's Office for Policing and Crime. This is in contrast to the Section 13 duty which applies to "local policing bodies"; the difference being that "elected local policing bodies" does not include the Common Council for the city of London Police area. This is because the guidance will set out that Section 6 and 8 duties may be discharged within police and crime commissioner-chaired Local Criminal Justice Boards (LCJBs). The City of London police area does not have its own LCJB but is instead included within the London Criminal Justice Board. In addition, when criminal justice bodies break their data down to force area, London includes both City of London and the metropolitan police area. This approach has been confirmed as appropriate by the Association of Police and Crime Commissioners. For the purposes of these provisions, elected local policing bodies are referred to hereafter as PCCs.
219. Section 6 places a duty on specified criminal justice bodies to take reasonable steps to promote awareness of the Victims’ Code and to keep under review whether and how their services are provided in accordance with their duty to provide services in accordance with the Victims’ Code unless they have a good reason not to do so (their "Code compliance").
220. Subsection (1)(a) specifies that the bodies must take reasonable steps to promote awareness of the victims’ code among users of those services and other members of the public. Together this will ensure that those who are engaged with the criminal justice system, as well as those who do not report a crime, will be captured. The inclusion of ‘reasonable’ gives bodies the flexibility to tailor their approach in different circumstances. This allows for those working in the system to use their expertise to determine the most appropriate moment and method of sharing the Code.
221. Subsection (1)(b) specifies that the bodies must keep their Code compliance under review. Criminal justice bodies must keep under review whether the services are being provided at all, as well as how they are delivering them (i.e. what ways are the services provided).
222. Subsections (2)(a) – (c) place specific duties on criminal justice bodies in each police area to collect information and to share information about their Code compliance with each other and with the relevant PCC, and to jointly review the information shared with other criminal justice bodies and with the relevant PCC for that police area. Subsections (2) and (3) contain powers for the Secretary of State to prescribe in regulations the descriptions of information that should be collected and/or shared for the overall purpose of keeping Code compliance under review , as well as to prescribe the manner in which information must be collected, shared, and reviewed. The intention is that the information to be collected and shared will include; data on criminal justice bodies’ compliance with the delivery of responsible services under the Victims’ Code and information relating to the experiences of service users. Subsections (4)(a) – (e) set out a non-exhaustive list of matters that the regulations may prescribe. This includes different information to be collected or shared by the different bodies and in relation to different services provided under the Code, information relating to the characteristics or experiences of users of those services that should be collected and shared by criminal justice bodies, the times at which or periods within which information must be collected, shared or reviewed, and the form that it should be collected and shared including as may be specified in a notice issued from time to time by the Secretary of State.
223. Subsection (5) places a duty on the Secretary of State to consult the Victims’ Commissioner and such other persons as the Secretary of State considers appropriate before making regulations. This enables discretion for targeted consultation with those affected and with a specific interest, which it is anticipated may include, for example, criminal justice bodies subject to the duty.
224. Subsection (6) lists the bodies who are subject to both the duty to take reasonable steps to promote awareness of the Victims’ Code and to keep their Code compliance under review. In practice the specified criminal justice bodies will be the police, the Crown Prosecution Service, His Majesty’s Court and Tribunal Service, His Majesty’s Prison and Probation Service and its executive agencies (His Majesty’s Prison Service, the Probation Service and the Youth Custody Service), and Youth Offending Teams.
225. Subsection (7) defines the term "prison" for the purposes of subsection (6)(d).

Section 7: Arrangements for collection of victims’ feedback

226. Section 7 gives the Secretary of State (in practice the Secretary of State for Justice and the Home Secretary) and the Attorney General a power to jointly direct relevant criminal justice bodies (the police, the CPS and youth offending teams) to provide specified information to a third party for the purposes of enabling or assisting the third party to collect victim feedback, if a third party was commissioned to do so.

Section 8: Reviewing code compliance: elected local policing bodies

227. Subsection (1) places a duty on Police and Crime Commissioners in each police area to keep under review whether and how the criminal justice bodies in their area are providing their services in accordance with their duty to provide services in accordance with the Victims’ Code unless they have a good reason not to do so ("Code compliance"). . PCCs must keep under review whether the services are being provided at all, as well as how the bodies are delivering them (i.e. in what ways are the services provided).
228. Subsection (2)(a)-(c) place specific duties on PCCs to participate in the joint review of information provided to them by criminal justice bodies under Section 6(2)(b)(ii) and to provide the Secretary of State with such of that information as may be prescribed by the Secretary of State. Subsection (2)(c) sets out that PCCs must provide the Secretary of State with reports on matters in connection with the joint review, and the intention is to use the regulations to prescribe a list of set matters that the reports should include, such as key insights generated from the joint review and the sharing of best practices. Subsections (2) and (3) create powers for the Secretary of State to make regulations prescribing the information and reports to be shared with the Secretary of State. Subsection (4)(a) and (b) sets out a non-exhaustive list of matters that the regulations may include. This includes the times at which or periods within which information must be collected, shared, or reviewed and the form in which information or reports are to be provided by PCCs to the Secretary of State including as may be specified in a notice issued from time to time by the Secretary of State.
229. Subsection (5) places a duty on the Secretary of State to consult the Victims’ Commissioner and such other persons as the Secretary of State considers appropriate before making regulations. This enables discretion for targeted consultation with those affected and with a specific interest, which it is anticipated may include, for example, PCCs subject to the duty.

Section 9: Reviewing compliance: British Transport Police

230. Subsection (2) places a duty on the Chief Constable of the British Transport Police Force (BTP) to take reasonable steps to promote awareness of the Victims’ Code among users of relevant services and other members of the public. The inclusion of ‘reasonable’ gives bodies the flexibility to tailor their approach in different circumstances. This allows those working in the system to use their expertise to determine the most appropriate moment and method of sharing the Code.
231. Subsection (3) places a duty on the BTP and the British Transport Police Authority (BTPA) to keep under review BTP’s compliance with the duty in Section 5(1) (duty to provide services in accordance with the Victims’ Code) ("Code compliance"). As the BTP is a national force, it does not fall within PCC areas. The BTPA is therefore the appropriate alternative to the PCC for overseeing compliance with the Victims’ Code. As the BTP is a national force, it does not fall within PCC areas. The BTPA is therefore the appropriate alternative to the PCC for overseeing compliance with the Victims’ Code.
232. Subsections (4)(a)-(c) place specific duties on the BTP to collect information about its Code compliance and to share information about its Code compliance with the BTPA. The BTP is also required to jointly review the information shared with the BTPA. Regulations will be used to prescribe the information to be collected and/or shared and the intention is that it will include; data relating to BTP’s compliance with the delivery of responsible services under the Victims’ Code and information relating to the experiences of service users.
233. Subsection (5)(a)-(c) specify that BTPA must participate in the review of the information shared by BTP and provide the Secretary of State with such of that information as may be prescribed in regulations together with reports on matters in connection with any reviews as may be prescribed in regulations.
234. Subsection (7)(a)-(d) sets out a non-exhaustive list of the matters that regulations made under this section may include. This includes prescribing the information to be collected or shared including different information in relation to different services, how information may be collected from victims with protected characteristics and different experiences, the times at which or periods within which information must be collected, shared or reviewed or that a report must be provided by the BTPA to the Secretary of State, and the form that information should be collected and shared in and the form in which information or a report must be provided by the BTPA to the Secretary of State including as may be specified in a notice issued from time to time by the Secretary of State.
235. Subsection (8) places a duty on the Secretary of State to consult the Victims’ Commissioner and such other persons as the Secretary of State considers appropriate before making regulations. This enables discretion for targeted consultation with those affected and with a specific interest, which it is anticipated may include, for example, BTP and BTPA.

Section 10: Code awareness and reviewing compliance: Ministry of Defence Police

236. Subsection (2) places a duty on the Chief Constable of the Ministry of Defence Police (MDP) to take reasonable steps to promote awareness of the victims’ code among users of relevant services and other members of the public. The inclusion of ‘reasonable’ gives bodies the flexibility to tailor their approach in different circumstances. This allows for those working in the system to use their expertise to determine the most appropriate moment and method of sharing the Code.
237. Subsection (3) places a duty on the MDP and the Secretary of State (in practice, this would be the Secretary of State for Defence) to keep under review MDP’s compliance with the duty in Section 5(1) (duty to provide services in accordance with the Victims’ Code) ("Code compliance"). As the MDP is a national force, it does not fall within PCC areas. The Secretary of State for Defence is therefore the appropriate alternative to the PCC for overseeing compliance with the Victims’ Code. As the MDP is a national force, it does not fall within PCC areas. The Secretary of State for Defence is therefore the appropriate alternative to the PCC for overseeing compliance with the Victims’ Code
238. Subsections (4) (a)-(c) specify that the Chief Constable of the MDP must collect information about their Code compliance and share information about their Code compliance with the Secretary of State (in practice, this would be the Secretary of State for Defence). The MDP is also required to jointly review the information shared with the Secretary of State. Regulations will be used to prescribe the information to be collected and/or shared. The Government intends that this will include; data relating to MDP’s compliance with the delivery of responsible services under the Victims’ Code and information relating to the experiences of service users.
239. Subsection (5)(a)-(b) require the Secretary of State (in practice, this would be the Secretary of State for Defence) to participate in a review of the information shared by MDP with them, and to prepare reports on matters in connection with any review as may be prescribed in regulations. Regulations issued by the Secretary of State will prescribe the information to be collected and/or shared and what reports in connection with the joint review of information should be prepared, including the matters upon which reports they should be prepared. It is intended that the information to be collected and shared will include; data on their compliance with the delivery of responsible services under the Victims’ Code and information relating to the experiences of service users.
240. A memorandum of understanding will be used to set out arrangements relating to the sharing of information, where it is anticipated that the MDP will review and share information with the Secretary of State for Defence who will then share information and reports with the Secretary of State for Justice.
241. Subsection (7)(a)-(d) sets out a non-exhaustive list of the matters that regulations made under this section may include. This includes prescribing the information to be collected or shared including different information in relation to different services, how information may be collected from victims with protected characteristics and different experiences, the times at which or periods within which information must be collected, shared, or reviewed, and the form that it should be collected and shared in. It also includes the times at which or periods within which information must be collected, shared, or reviewed and the form in which information or a report is to be provided by the MDP to the Secretary of State including as may be specified in a notice issued from time to time by the Secretary of State.
242. Subsection (8) places a duty on the Secretary of State (in practice, this would be the Secretary of State for Justice) to consult the Victims’ Commissioner and such other persons as the Secretary of State considers appropriate before making regulations. This enables discretion for targeted consultation with those affected and with a specific interest, which it is anticipated may include, for example the MDP.

Section 11: Reviewing code compliance: Secretary of State and Attorney General

243. Subsection (1) requires the Secretary of State (in practice the Home Secretary and Secretary of State for Justice) and the Attorney General to jointly keep under review criminal justice bodies, BTP and MDP’s compliance with the duty in section 5(1) (duty to provide services in accordance the Victims’ Code) ("Code compliance") and to jointly prepare and publish annual reports on Code compliance.
244. Subsection (2) provides that the Secretary of State (in practice the Home Secretary and Secretary of State for Justice) and the Attorney General may issue a notice to PCCs or the relevant agency when they agree that the Code compliance of the relevant agency is deemed unsatisfactory.
245. Subsection (3) requires that if a notice is issued to a PCC in relation to the chief officer of police for a police area, a copy of the notice must be sent to that chief officer and, in any case, it must be published in such form and manner that the Secretary of State and Attorney General consider appropriate.
246. Subsection (4) requires the Secretary of State and the Attorney General to consult the Victims’ Commissioner before publishing the annual report on Code compliance (under subsection 1) and before giving a notice (under subsection 2).
247. Subsection (5) requires the Secretary of State to publish such compliance information as the Secretary of State considers will enable members of the public to assess the Code compliance of each criminal justice bodies which provides services in a police area, the BTP and the MDP. Subsection (7)(a) specifies that "compliance information" refers to the information provided to the Secretary of State by PCCs, the BTPA and the MDP under Sections 8(2)(a), 9(5)(a) and 10(4)(b) or information collected under arrangements mentioned in Section 7 (Arrangements for collection of victims’ feedback). Subsection (7)(b) defines the term "code compliance".
248. Subsection (8) defines "relevant area" as that which relates to a police force area for criminal justice bodies, or England and Wales for the British Transport Police and the Ministry of Defence Police.
249. Subsection (9) states that the Secretary of State and Attorney General’s first annual report on Code compliance may relate to any 12 month period that includes the day on which that section comes into force. Subsection (10) states that any subsequent annual reports must relate to the 12-month period immediately following the 12-month period to which the previous annual report relates. Subsection (11) states that the Secretary of State, in practice the Secretary of State for Justice, must lay each annual report before Parliament.
250. Subsection (12)(a) and (b) sets out the frequency at which compliance information or a report must be published and states that the form and manner of such publication is a matter for the Secretary of State as they consider appropriate.
251. Subsection (13) provides that PCCs must take reasonable steps to make the public in their local police area aware of the information published by the Secretary of State under subsection (5) where that information relates to their own police force area. A similar duty is not required for the Secretary of State for Defence or BTPA as the data published by the Secretary of State for Justice will already present a national picture, ensuring parity between the non-territorial forces (with national jurisdiction) and territorial forces (whose data would be publicised by their PCC).
252. Subsection (14) provides "criminal justice body" in Section 11 has the same meaning as in Section 6(6) (and therefore refers to the police, the Crown Prosecution Service, His Majesty’s Court and Tribunal Service, His Majesty’s Prison and Probation Service and its executive agencies (His Majesty’s Prison Service, the Probation Service and the Youth Custody Service), and Youth Offending Teams).

Section 12: Guidance on code awareness and reviewing compliance

253. Subsection (1) requires the Secretary of State to issue guidance about how the criminal justice bodies, Police and Crime Commissioners, the Chief Constable of the British Transport Police the British Transport Police Authority and the Chief Constable of the Military Defence Police are to discharge their duties under Sections 6-11. Those bodies must have regard to the guidance.
254. Subsection (2) sets out a non-exhaustive list of matters for which the guidance may make provision to support the relevant bodies in discharging their functions under Sections 6-11. The purpose of this guidance is to advise on issues such as: appropriate circumstances and methods for promoting awareness of the Victims’ Code among service users and members of the public; advice on obtaining feedback from children and those with protected characteristics; likely processes for joint review of criminal justice body information, which is expected to take place within PCC-chaired Local Criminal Justice Boards, alongside parallel processes for the MDP and the BTP. It will also detail matters PCCs should consider when exercising their functions, referring to the interaction between their role and that of the Victims' Commissioner who has a general duty to keep under review the operation of the Code.
255. Subsection (3) requires that, before issuing any guidance, the Secretary of State must consult the Victims’ Commissioner and such other persons they consider appropriate. This enables discretion for targeted consultation with those affected and with a specific interest, which it is anticipated may include, for example relevant bodies who are subject to the duties under Sections 6-11.

Collaboration in exercise of victim support functions

Section 13: Duty to collaborate in exercise of victim support functions

256. Subsection (1) places a duty on a number of authorities (as defined in subsections (2) and (3)) working in a police area in England (the area for which a Police and Crime Commissioner is responsible as listed in schedule 1 to the Police Act 1996, as well as the metropolitan police district and the City of London police area) in the exercise of their functions in relation to relevant victim support services.
257. Subsection (1A) explains that, for the purposes of the subsection (1) duty, a relevant authority exercises a function in relation to relevant victim support services if it exercises the function in relation to the provision of such services, or the commissioning of such services provided by another person.
258. Subsections (2) and (3) explain that the relevant authorities are:
     • local policing bodies (which are defined within Schedule 1 to the Interpretation Act 1978 by reference to section 101 of the Police Act 1996 as meaning Police and Crime Commissioners, the Mayor’s Office for Policing and Crime in relation to the Metropolitan Police district and the Common Council in relation to the City of London police area);
     • Integrated Care Boards (established in accordance with Chapter A3 of Part 2 of the National Health Service Act 2006); and
     • tier one local authorities (as defined in the Domestic Abuse Act 2021 and meaning the county council or the district council where there is no county council, and the Greater London Authority rather than individual London boroughs, and the Council of the Isles of Scilly).

259. "Relevant victim support services" are defined in subsections (4), (5), (6) and (7) and are intended to describe some of the existing functions undertaken by the relevant authorities in relation to the commissioning and provision of victim support services. This duty will not include new requirements to commission services. Subsection (4) explains that relevant victim support services as services that are provided to support victims of domestic abuse, criminal conduct of a sexual nature or serious violence. Victim support services can include advice, recovery and support services, which could be medical, therapeutic, practical and/or emotional. This duty is intended to require the relevant authorities to target this collaborative effort towards victims of these categories of crime, which are particularly traumatic offences with a high number of victims each year.
260. Criminal conduct of a sexual nature refers to conduct that amounts to a criminal offence, and where a person has suffered harm as a result of this conduct, as set out in Section 1.
261. Subsection (5) defines domestic abuse and accommodation-based support for these purposes as having the same meaning as in sections 1 and 57 of the Domestic Abuse Act 2021 respectively.
262. Subsections (6) and (7) clarify the meaning of violence and serious violence. Violence for these purposes includes violence against property and threats of violence; and the decision as to whether violence is serious should take into account the maximum penalty for the offence and victim impact. The decision as to whether criminal conduct constitutes serious violence should be made by the relevant authorities. Terrorism within the meaning of the Terrorism Act 2000 is not included, because victims of terrorism are supported by the Home Office CONTEST strategy and funding commitments.
263. Subsection (8) is intended to ensure that the relevant authorities consider whether sharing or processing information may assist them in the effective discharge of functions under this section. This does not require information to be disclosed if the disclosure would contravene the data protection legislation, but it clarifies the lawful basis for disclosure under that legislation.
264. The exercise of the duty will be organised by reference to police area because it is expected that as part of their role in commissioning wider victims’ services, PCCs may convene the collaborative activity in local areas and bring local partners together. The relevant authorities are those responsible for functions falling all or part within a police area. The relevant police area in each instance will be that attaching to the local policing body as defined in section 101(1) of the Police Act 1996, namely that listed in schedule 1 of the Police Act 1996), the Metropolitan Police district and the City of London police area. For integrated care boards and local authorities, these could fall fully or partly within the police area meaning at the local level that the same commissioning team may be required to liaise with one or more PCC as appropriate in relation to the effective discharge of this duty.

Section 14: Strategy for collaboration in exercise of victim support functions

265. Subsection (1) provides that the duty in Section 13 includes a requirement that the relevant authorities in a police area in England work together to prepare and implement a joint local strategy to set out the aims and approach for commissioning relevant services, as well as setting out how local areas are meeting the duty requirements.
266. Subsection (2) requires the relevant authorities for a police area to make reasonable efforts to obtain the views of victims in their police area (meaning directly from victims themselves or via someone representing their views, such as an advocate) when preparing the strategy. They are also required to consult persons appearing to represent those providing victim support services; and such other persons as they consider appropriate (for example, the educational authority for the area or independent experts like the Victims’ Commissioner).
267. Subsection (3) requires the relevant authorities to also (a) assess the needs of victims in the police area for relevant victim support services; (b) assess whether; and how, those needs are being met by the services which are available (whether or not provided by the relevant authorities), and (c) have regard to those assessments when preparing their strategy. When making an assessment under subsection (3), the relevant authorities must have regard to the particular needs of victims aged under 18 or who have protected characteristics.
268. Subsection (4) puts a requirement on the relevant authorities to publish the strategy, keep the strategy under review and revise it from time to time.
269. Subsection (5) ensures that subsections (1) to (4) also apply to the preparation of a revised strategy.

Section 15: Guidance on collaboration in exercise of victim support functions

270. This section places the Secretary of State under a duty to issue guidance to the relevant authorities on how to carry out their duties under the duty to collaborate and places the relevant authorities under a duty to have regard to that guidance. The purpose of this guidance is to support the relevant authorities in discharging their functions under these measures and it will advise on issues such as local partnership structures that may work for collaboration and how joint activity may be convened in practice (such as through a convening role by PCCs), alongside information to support strategy production. Subsection (2) sets out that before issuing any guidance, the Secretary of State must consult persons they consider appropriate, which is expected to include interested stakeholders and practitioners to accurately reflect what further explanation and practical guidance may be beneficial.

Section 16: Guidance about specified victim support roles

271. Subsection (1) creates a duty on the Secretary of State to issue guidance about specified victim support roles.
272. Subsection (2) explains that the Secretary of State has the power to specify these victim support roles in regulations. For the purpose of this section, "victim support role" is defined as a role performed by individuals which provides support to victims of criminal conduct (where the support relates to that conduct).
273. Subsection (3) sets out how victim support roles could be described in regulations. The victim support roles named in regulations may be specified by reference to (amongst other matters) -
     1. the circumstances in which the role is performed. For example, a victim support role which provides specialist support for victims of a specific crime type or provides a specific type of support;
     2. the type of support provided in connection with the role. For example, a victim support role which provides advocacy support to victims to engage with the criminal justice system;
     3. the type of criminal conduct in relation to which such support is provided. For example, domestic abuse.
274. Subsection (4) sets out that this guidance must cover the key functions of the role alongside recommended minimum expectations and best practice, including training and qualifications. It must also set out best practice for collaboration between the role and those who have functions relating to victims, or any other aspect of the criminal justice system in order to effectively work together to meet the needs of victims.
275. Subsection (5) specifies that, where relevant, the guidance must include provision about victims who are under the age of 18 and those with protected characteristics.
276. Subsection (6) creates a duty on any person who has a function of a public nature which is related to victims or any aspect of the criminal justice system to have regard to the guidance. This duty will have effect where such a function is being exercised, and the guidance is relevant to the exercise of that function.
277. Subsection (7) specifies that the duty to have regard to the guidance - outlined in subsection (6) - does not apply to those acting in a judicial capacity, or on the instructions of or on behalf such a person. This is designed to protect judicial independence.
278. Subsection (8) specifies that the Secretary of State must consult the Welsh Ministers before issuing guidance under this section, so far as the guidance relates to devolved matters, meaning a matter provision about which would be within the legislative competence of Senedd Cymru were it contained in an Act of the Senedd.

Non-disclosure agreements and confidentiality clauses

Section 17: Disclosures by victims that cannot be precluded by agreement

279. Subsection (1) voids the portion of confidentiality clauses that purport to preclude victims from making a disclosure falling under subsection (2). This means a confidentiality clause could not be legally enforced against a victim for making a permitted disclosure under subsection (2) in the context of a claim against a victim for breach of contract by the other party to the agreement.
280. Subsection (2) specifies the permitted disclosures that a victim, or a person who reasonably believes they are a victim, can make:
     1. to any person who has law enforcement functions, for the purpose of those functions being exercised in relation to relevant conduct;
     2. to a qualified lawyer, for the purpose of seeking legal advice about relevant conduct;
     3. to any individual who is entitled to practise a regulated profession, for the purpose of obtaining professional support in relation to relevant conduct;
     4. to any individual who provides a service to support victims, for the purpose of obtaining support from that service in relation to relevant conduct;
     5. to a regulator of a regulated profession for the purpose of co-operating with the regulator in relation to relevant conduct;
     6. to a person who is authorised to receive information on behalf of a person mentioned in paragraph (a), (b), (c), (d) or (e) for the purpose mentioned in that paragraph;
     7. to a child, parent or partner of the person making the disclosure, for the purpose of obtaining support in relation to relevant conduct.
281. Subsection (3) provides that a confidentiality clause would not be void under these provisions if the victim makes a disclosure to anyone listed under subsection (2) for the primary purpose of releasing the information into the public domain. This aims to protect the legitimate uses of non-disclosure agreements. This provision does not conflict with whistleblowing legislation under the Employment Rights Act 1996. The Act allows workers to make a protected disclosure, which can involve the release of information into the public domain, if the relevant criteria in that legislation is met. In those cases, confidentiality clauses would be voided by virtue of the Employment Rights Act provision instead.
282. Subsections (4) and (5) provide that the Secretary of State may by regulations subject to the affirmative resolution procedure amend the list of permitted disclosures under subsection (2) and extend the application of subsection (1) to specific obligations or liabilities in non-disclosure agreements so that they cannot be legally enforced in relation to the permitted disclosures.
283. Subsection (6) defines "law enforcement functions" as functions for the purposes of the investigation or prosecution of criminal offences or the execution of criminal penalties and sets out that "qualified lawyer" means a person who is an authorised person in relation to a reserved legal activity for the purposes of the Legal Services Act 2007.
284. Subsection (6) also defines "entitled to practise" in relation to a regulated profession as to be read in accordance with section 19(2) of the Professional Qualifications Act 2022 and provides that "regulated profession" and "regulator" have the same meanings as in the Professional Qualifications Act 2022.
285. Subsection (6) specifies that a person is a "partner" of another person if they are married to each other, in in a civil partnership with each other, or in an intimate personal relationship with each other which is of significant duration. "Relevant conduct" is also defined as conduct by virtue of which the person making the permitted disclosure is or reasonably believes they are a victim.

Restricting parental responsibility where one parent kills the other

Section 18: Restricting parental responsibility where one parent kills the other

286. Section 18 amends the Children Act 1989 to place a requirement on the Crown Court to make a prohibited steps order (PSO) when the offender is sentenced in cases where one parent has been convicted of the manslaughter or murder of the other parent. The section also places a duty on the local authority to make an application to the High Court or the family court to review the PSO.
287. Subsection (1) makes provision for the Act to amend the Children Act 1989.
288. Subsection (2) amends section 8 of the Children Act 1989 to provide that the term ‘family proceedings’ (as it is defined in the Children Act 1989) does not include the proceedings when in the Crown Court covered under the new section 10A.
289. Subsection (3) inserts new Sections 10A and 10B into the Children Act 1989.
290. New Section 10A in the Children Act 1989 (inserted by subsection (3)) covers the requirement for the Crown Court to make a PSO:
291. Subsection (1) of new section 10A in the Children Act 1989 clarifies that the section applies where a child has two parents, at least one of whom has parental responsibility (PR) for them and that a parent who holds PR has been convicted of the murder or, in certain circumstances, the manslaughter of the other parent.
292. Subsection (2) sets out the circumstances where manslaughter convictions are within scope of the measure. Namely where a parent who holds PR has been convicted of the manslaughter due to reasons of loss of control (as provided for by Section 45 of the Coroners and Justice Act 2009) or diminished responsibility (as covered by Section 2 of the Homicide Act 1957).
293. Subsection (3) confirms that in cases where the provision applies the Crown Court is required to make a PSO when sentencing the offender.
294. Subsection (4) sets out the terms the PSO must contain to prevent the offender from taking any step in the exercise of their PR without the consent of the High Court or the family court and that order will remain in place until it is varied or discharged by either the High Court or the family court.
295. Subsection (5) confirms that a PSO should not be made by the Crown Court where there is already a PSO in place that already provides that no steps could be taken in exercise of a parent’s PR or if, in cases where the offender has been convicted of manslaughter, it would not be in the interests of justice to do so.
296. Subsection (6) makes clear that where the Crown Court is undertaking the duty placed on it by Section 10A and in the context of the Crown Court’s discretion in certain manslaughter cases, it should not apply the following sections of the Children Act 1989:
297. Section 1, which covers the elements the court must include in its consideration of a child’s welfare, such as the presumption that a child’s welfare will be furthered by the involvement of each parent in their lives.
298. Section 7, which gives the court the power to commission the Children and Family Court Advisory and Support Service. (Cafcass), Cafcass Cymru or local authority social workers to deliver reports on the child’s welfare.
299. Section 11, which covers a series of provisions relating to timetabling, orders and the provision of welfare reports.
300. Subsection (7) clarifies that where a PSO has been made it will not automatically stop where the affected parent is acquitted on appeal. Instead, provision is made in new section 10B for the family court to review any order in such circumstances.
301. Subsection (8) provides that a PSO made by the Crown Court is to be treated as an order of the family court for the purposes of section 31F(6) of the Matrimonial and Family Proceedings Act 1984 (which gives the family court the power to vary, suspend, rescind or revive any order it makes).
302. Subsection (9) provides that the Crown Court cannot hear applications for the enforcement of the PSO, these will instead be heard by the family court.
303. The new Section 10B in the Children Act 1989 (inserted by subsection (3)) confirms details of the duty that will be placed on the local authority:
304. Subsection (1) sets out it applies when a PSO made under new section 10A.
305. Subsection (2) confirms that where a PSO is made under the new section 10A the relevant local authority at the time the PSO is made must make an application for the family court to review the PSO. The references to ‘the court’ here is as provided for by Section 92(7) of the Children Act 1989 and means the High Court or the family court.
306. Subsection (3) provides the circumstances in which subsection (4) applies. Subsection (3) confirms that subsection (4) applies the where the Crown Court has made a PSO under the new Section 10A and the court has finished its deliberations and made a final order in relation to the PSO made by the Crown Court following the local authority’s application under subsection (2). Subsection (3) also provides that subsection (4) applies when the parent has been acquitted on appeal of the murder or manslaughter which resulted in the making of the PSO by the Crown Court. The meaning of relevant local authority is clarified by Subsection (7).
307. Subsection (4) confirms that the relevant local authority at the time of the verdict of the parent’s acquittal is entered must make an application for the family court to review the PSO.
308. Subsection (5) makes clear that the relevant local authority must make an application to the court to review the order as soon as would be reasonably practicable and in all cases within 14 days after the day on which either the order is made by the Crown Court, or, where the affected parent is acquitted on appeal, the verdict of acquittal was entered.
309. Subsection (6) provides that the Secretary of State has the power to change the length of the 14-day time limit by secondary legislation.
310. Subsection (7) defines the ‘relevant local authority’ as the local authority within whose area the child(ren) involved are ordinarily resident or the local authority within whose area the child(ren) is present. If there is no local authority which fits this description, no duty arises. Nothing in this subsection affects the law applicable to whether the court has jurisdiction to make any orders as a result of the review.
311. Subsection (4) of this section removes the following restrictions on making a PSO, as set out in the Children Act 1989:
     1. That a PSO cannot be made in situations where the child(ren) in question is in the care of a local authority;
     2. Where the PSO would end after the child(ren) involved has reached the age of 16; or
     3. Where the child(ren) in question is over the age of 16.
312. Subsection (5) confirms that when a local authority has the power (under Section 33(3)(b) of the Children Act 1989) to decide how an offender can use their PR, the local authority may only use this power in order to stop them from taking steps that are not already prohibited by the PSO made under new section 10A.
313. Subsection 6(a) amends subsection 91(2) of the Children Act 1989 to provide that if a care order is made after the making of a PSO under new section 10A that PSO will not be discharged as would be the case for other section 8 orders.
314. Subsection 6(b) inserts new provision into section 91 of the Children Act 1989 that, where a PSO is already in place and a further PSO is made that specifies the affected parent may not exercise their parental responsibility, the first PSO will be discharged, save to the extent the first PSO also prohibits other actions not covered by the new PSO, for example in relation to other persons or children.
315. Subsection (7) amends the provisions of the Children Act 1989 in relation to the powers to make regulations under the Act consequential on the new Section 10B(6).
316. Subsection (8) provides that a PSO made by the Crown Court under section 10A does not fall within the definition of a ‘sentence’ for the purposes of section 50 of the Criminal Appeals Act 1968 and cannot therefore be appealed by the offender through the Crown Court. The question of whether the PSO should remain in place, be varied or discharged will be considered by the court following the application by the relevant local authority (any decision made by the family court would be subject to appeal through the usual routes).

Domestic Abuse Related Death Reviews

Section 19: Establishment and conduct of domestic abuse related death reviews

317. This section inserts new section 8A of the Domestic Violence, Crime and Victims Act 2004 ("the 2004 Act").
318. New section 8A provides for Domestic Abuse Related Death Reviews to replace Domestic Homicide Reviews under section 9 of the 2004 Act in England and Wales. Reviews can be commissioned following a homicide, a victim taking their own life after experiencing domestic abuse or in circumstances that are unexplained but give rise to concern. The intention behind providing for Domestic Abuse Related Death Reviews is to better reflect the range of deaths that are within scope of a review.
319. The Secretary of State may direct a review to take place where a death of a person has, or appears to have, resulted from domestic abuse towards the person within the meaning of the Domestic Abuse Act 2021. The definition of domestic abuse set out in the Domestic Abuse Act 2021 includes controlling or coercive behaviour, emotional abuse and economic abuse. It also clarifies that domestic abuse happens between individuals who are ‘personally connected’ via intimate or family relationships. The intention behind providing for a Domestic Abuse Related Death Review to be considered when a death has or appears to have resulted from domestic abuse as defined in the Domestic Abuse Act 2021 is to ensure Domestic Abuse Related Death Reviews contribute to better understanding of domestic abuse, as well as encourage consistency in decision making for reviews when domestic abuse has been identified.
320. The section makes consequential provision to ensure that, in relation to Northern Ireland, domestic homicide reviews will continue to take place under section 9 of the 2004 Act.

Notifying schools etc if a child is a suspected victim of domestic abuse

Section 20: Child victims of domestic abuse

321. Section 20 amends the Domestic Abuse Act 2021 to establish that arrangements are in place in all police forces to ensure that all schools and other educational establishments a child might attend are notified where there are reasonable grounds to believe that the child may be a victim of domestic abuse, in order to provide appropriate support. The Domestic Abuse Act 2021 legally recognises children as victims of domestic abuse in their own right for the first time.
322. A duty on chief officers to ensure that arrangements are in place to make notifications is intended to motivate change as they can be held to account against them (via potential judicial review); to improve existing frontline practices, which would contribute to improving child safeguarding, and to enable early intervention and prevention of further domestic abuse. This section also provides a power to make regulations in the future to extend the organisations to which notifications can be made to include childcare providers.
323. This will ensure there is an obligation on chief officers of police to make sure that all forces are making notifications as soon as reasonably practicable, except in exceptional circumstances that will be set out in regulations subject to the negative procedure.
324. The decision to make a notification will require an assessment of whether the police member’s suspicions are reasonable and if an exceptional circumstance applies. The amendment will be inserted into the Domestic Abuse Act 2021, ensuring that the definition of ‘domestic abuse’ and the obligations relating to guidance in the Domestic Abuse Act 2021 will apply.
325. In due course (following the making of regulations subject to the affirmative procedure) childcare providers may also receive notifications from the police in either England and Wales or in both jurisdictions, meaning that children of below school age would also be covered by the scheme.

Victim impact statements in the Mental Health Tribunal

Section 21: Victim impact statements to mental health tribunals (restricted patients)

326. Section 21 amends the Domestic Violence, Crime and Victims Act 2004 ("the DVCVA") to introduce entitlements for victims of offenders subject to hospital orders with restriction orders to: (a) make a victim impact statement to the Mental Health Tribunal ("MHT") or the Mental Health Review Tribunal for Wales ("MHRTW"); and, (b) be able to apply to attend a tribunal hearing that is due to take place to read their statement, an application which must be granted by the tribunal unless there are good reasons not to do so. The MHT operates in England and is part of the First-tier Tribunal. The MHRTW is the equivalent tribunal in Wales.
327. These entitlements are made effective by way of a new section inserted into Chapter 2 of the DVCVA, which at present contains entitlements for victims of certain offenders to make representations about certain matters and receive information in specified circumstances. Section 36 sets out entitlements for victims of offenders who are subject to hospitals orders (pursuant to s.37 of the Mental Health Act 1983, "the MHA") with or without restriction orders (which, if imposed, are done so pursuant to s.41 of the MHA). Section 37 contains further provision around the procedure for handling victim representations in cases where a restriction order is made. In this context, offenders are referred to as ‘patients’.
328. The entitlements contained in section 37ZA will apply to victims where:
     1. The relevant patient is charged with a sexual, violent or terrorism offence and one of the following categories applies:
        1. the patient is convicted of the offence;
        2. a verdict is returned that the patient is not guilty of the offence by reason of insanity;
        3. a finding is made- (i) under section 4 of the Criminal Procedure (Insanity) Act 1964 (c. 84) that the patient is under a disability, and (ii) under section 4A of that Act that he did the act or made the omission charged against him as the offence; (s.36(2)) and,
     2. A hospital order with a restriction order is made in respect of the relevant patient. (s.37(1)).
     3. An application referenced in section 37(5) (so under ss. 69, 70, 71 of 75 of the MHA) is made to the First-tier Tribunal (MHT) or the MHRTW.
329. In a case where the conditions above apply, the relevant probation body (as defined in s.37ZA(5)) must take all reasonable steps to ascertain whether the victim of the offence, or someone acting for them, wishes to make a victim impact statement (subsection (2)(a)). ‘Victim impact statement’ has the meaning given to it by subsection (5) and is a statement about the way in which, and degree to which, the offence has affected and/or continues to affect the victim or any other person. Where the victim or the person acting for them makes such a statement, the relevant probation body must forward it to the Tribunal (subsection (2)(b)).
330. Subsection (3) then creates an entitlement for the person who made a statement in the circumstances outlined above to ask permission to attend a relevant hearing to read the statement (subsection (3)(a)), and to have this permission granted by the tribunal unless they consider there are good reasons not to (subsection (3)(b)). ‘Requesting permission’ is intended as a reference to the relevant tribunal’s process for non-parties to apply to attend a hearing – for example, in the MHT, this is done pursuant to Rule 36(2) of The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008. ‘Relevant hearing’ is defined pursuant to subsection (5) and is intended to mean that this entitlement will only apply where a tribunal hearing is already due to take place, meaning one will not have to be convened especially for the victim to read their statement.
331. Subsection (4) sets out how the statement should be used by the Tribunal. They may have regard to it when determining a matter specified in section 36(5)(a) or (b) – i.e. where they are deciding whether to impose discharge conditions on a patient and, if so, what conditions. However, they must not have regard to it for any other purpose, including in relation to the discharge decision itself (to which only the factors in section 73 of the MHA should be relevant).

Victims’ Commissioner

Section 22: Commissioner for Victims and Witnesses

332. This section makes the following amendments to the Domestic Violence, Crime and Victims Act 2004 (the 2004 Act).
333. Subsection (2)(a) amends the Victim Commissioners’ statutory function under the section 49 of the 2004 Act to keep the operation of the Code under review to include the extent to which agencies under the duty in section 5(1) of the Act (duty to provide services in accordance with the Code) have complied with it.
334. Subsection (2)(b) amends section 49(2)(c) of the 2004 Act to provide that the Victims’ Commissioner can make recommendations at any point in time and is not limited to just making recommendations in the annual report. Subsection (2)(b) inserts a provision which specifies that the Victims’ Commissioner can include within their reports recommendations to any authority within the Victims’ Commissioner’s remit and subsection (2)(c) inserts a requirement for the Victims’ Commissioner to lay their annual report before Parliament.
335. Subsection (3) inserts a requirement for criminal justice agencies or Government departments who are named directly in the Victim’s Commissioner’s reports to respond to any recommendations made to them. The relevant person(s) must prepare comments on any recommendations made in the report, with an explanation of:
     1. the action that has been, or is proposed to be taken in response to the recommendation, or;
     2. why action has not been, or is not proposed to be, taken in response to the recommendations.
336. The inserted wording provides that the relevant person(s) is the authority the recommendations are made about, or in the event the authority is a Government department with a responsible Minister, that Minister. It also specifies that the response must be published in a manner considered appropriate by the relevant person(s), within 56 days of the Victim’s Commissioner’s report being published and that anything published must be sent to the Victim’s Commissioner and, where the authority is not a Government department in the charge of a Minister, the Secretary of State.
337. Subsection (4) ensures that Schedule 9 to the 2004 Act includes the authorities that may be responsible for responding as per subsection (3) above.

Inspections by criminal justice inspectorates

Section 23: His Majesty’s Chief Inspector of Prisons

338. Subsection (1) amends the Prisons Act 1952 with subsection (2) providing for the Commissioner for Victims and Witnesses to be added to the mandatory list of consultees on the inspectorates’ work programmes and frameworks.
339. Subsection (3) adds provisions to the Prison Act 1952 (which includes provision for His Majesty’s Chief Inspector of Prisons) to provide for the Secretary of State, Lord Chancellor, and the Attorney General to jointly require that the criminal justice inspectorates’ joint inspection programme includes provision for inspections, at specified times, of specified matters relating to the experiences and treatment of victims. It also sets out that "specified" means specified in the joint direction, and "victim" has the meaning given in section 1 of the Act.

Section 24: His Majesty’s Chief Inspector of Constabulary

340. Subsection (1) amends the Police Act 1996 (further provision about inspectors of constabulary) with subsection (2) providing for the Commissioner for Victims and Witnesses to be added to the mandatory list of consultees on the inspectorates’ work programmes and frameworks.
341. Subsection (3) adds provisions to the Police Act 1996 (which includes provision for His Majesty’s Chief Inspector of Prisons) to provide for the Secretary of State, Lord Chancellor, and the Attorney General to jointly require that the criminal justice inspectorates’ joint inspection programme includes provision for inspections, at specified times, of specified matters relating to the experiences and treatment of victims. It also sets out that "specified" means specified in the joint direction, and "victim" has the meaning given in section 1 of the Act.

Section 25: His Majesty’s Chief Inspector of the Crown Prosecution Service

342. Subsection (1) amends the Crown Prosecution Service Inspectorate Act 2000 (further provision about Chief Inspector) with subsection (2) providing for the Commissioner for Victims and Witnesses to be added to the mandatory list of consultees on the inspectorates’ work programmes and frameworks.
343. Subsection (3) adds provisions to the Crown Prosecution Service Inspectorate Act 2000 (which includes provision for His Majesty’s Chief Inspector of Prisons) to provide for the Secretary of State, Lord Chancellor, and the Attorney General to jointly require that the criminal justice inspectorates’ joint inspection programme includes provision for inspections, at specified times, of specified matters relating to the experiences and treatment of victims. It also sets out that "specified" means specified in the joint direction, and "victim" has the meaning given in section 1 of the Act.

Section 26: His Majesty’s Chief Inspector of Probation for England and Wales

344. Subsection (1) amends the Criminal Justice and Court Services Act 2000 (further provision about the inspectorate) with subsection (2) providing for the Commissioner for Victims and Witnesses to be added to the mandatory list of consultees on the inspectorates’ work programmes and frameworks.
345. Subsection (3) adds provisions to the Criminal Justice and Court Services Act 2000 (which includes provision for His Majesty’s Chief Inspector of Prisons) to provide for the Secretary of State, Lord Chancellor, and the Attorney General to jointly require that the criminal justice inspectorates’ joint inspection programme includes provision for inspections, at specified times, of specified matters relating to the experiences and treatment of victims. It also sets out that "specified" means specified in the joint direction, and "victim" has the meaning given in section 1 of the Act.

Parliamentary Commissioner for Administration

Section 27: Parliamentary Commissioner for Administration

346. Subsections (2) to (5) amend section 5 of the Parliamentary Commissioner for Administration Act 1967 through the following actions.
347. Subsection (3) provides for complainants who claim to have sustained injustice due to the maladministration of a Government department or other authority to which the Act applies, to go directly to the Commissioner, rather than going through a member of the House of Commons, where the complaint relates to their experience as a victim. Subsection (3) also provides for all other complaints to be referred to a member of the House of Commons in the usual way.
348. Subsection (4) provides for complainants who claim that a duty under the Victims’ Code has been breached or a person has failed to comply with a duty to victims under sections 35-44 of the Domestic Violence, Crime and Victims Act 2004, to go directly to the Commissioner, rather than going through a member of the House of Commons, where the complaint relates to their experience as a victim. Again, subsection (4) also provides for all other complaints to be referred to a member of the House of Commons in the usual way.
349. Subsection (5) provides for "victim" in the amended provisions to have the meaning given by section 1 of this Act.
350. Subsection (6) to (10) amends section 6 of the Parliamentary Commissioner for Administration Act 1967 through the following actions.
351. Subsection (7) inserts a new subsection which provides that a complaint may be made directly by a person authorised to act on behalf of the aggrieved person, regardless of whether it is made via a member of the House of Commons or directly by the complainant themselves.
352. Subsection (8) provides for complaints to be made by a personal representative or a member of the complainant’s family or another individual suitable to represent them, where a person is unable to authorise another person to act on their behalf. Subsection (9) adds a new subsection that provides that these are the only circumstances in which a complaint can be entertained when not made by the person aggrieved.
353. Subsection (10) removes another reference to a complaint being made via a member of the House of Commons. The existing requirement that a complaint must be made within 12 months from the first notice of the matters alleged in the complaint remains, except that now the complaint can be made directly to the Commissioner in some circumstances.
354. Subsections (11) to (14) amends section 10 of the Parliamentary Commissioner for Administration Act 1967 through the following actions.
355. Subsection (12) and (13) adjust where the report or statement on the complaint should be sent. This is to the person who made the complaint, but the amended provision also allows for the report or statement to also be sent to a member of the House of Commons with the consent of the person who makes the complaint.
356. Lastly, subsection (14) adjusts the existing provision which states that a report or statement by the Commissioner shall be absolutely privileged, to reflect the changes made in subsections (12) and (13).

Information relating to victims

Section 28: Information relating to victims

357. This section amends the Police, Crime, Sentencing and Courts Act 2022 ("the 2022 Act"), to insert new sections 44A to 44E into that Act, relating to victim third party material requests.
358. New section 44A provides that a "victim information request" (a request for third party material relating to a victim, or person who is at risk of being a victim) may only be made when it is necessary and proportionate to the prevention, detection, investigation, or prosecution of a crime, and in pursuit of a reasonable line of enquiry. Additionally, the authorised persons must have a reason to believe that the information being requested is held by the third party. In making or deciding whether to make such a request the authorised person must have regard to the Code of Practice issued by the Secretary of State. It applies to specified law enforcement bodies who undertake and support investigations and protect vulnerable victims.
359. New section 44B requires the authorised person to provide the victims with a written notice that details what information is being sought, why it is being sought, and how the information will be dealt with once obtained when appropriate. The notice must be given on or before the date the request is made or, if that is not reasonably practicable, as soon as practicable after that date. Where the victim is a child or an adult without capacity, the notice must be given to their parent or guardian, or person representing the authority or organisation whose care they are in. If no such person is available, notice is to be given to any adult the authorised person considers appropriate.
360. New section 44C requires that the request to the third party to be made in writing, and specify what information is being sought, why it is being sought, and how the information will be dealt with once it has been obtained. The authorised person is not required to give full information about the crime, as this is often highly sensitive, but instead must provide a more general overview to the third party they are requesting material from.
361. New section 44D requires the Secretary of State to prepare a Code of Practice which sets out the duties and best practice for authorised persons when making a victim information request. Prior to issuing the Code, the Secretary of State must consult relevant bodies such as the Information Commissioner, the Commissioner for Victims and Witnesses and the Domestic Abuse Commissioner.
362. New section 44E defines "authorised person" and includes the police, British Transport Police, National Crime Agency and the Ministry of Defence Police. The Secretary of State may amend the list of authorised persons, by adding or removing persons or modifying the references to the persons (for example if their name changes), by regulations.

Section 29: Information relating to victims: service police etc

363. This sections amends the Police, Crime, Sentencing and Courts Act 2022 ("the 2022 Act"), to insert new section 44F. Section 44F applies the provisions set out in 44A – 44E to the service police (the Royal Navy Police, Royal Military Police, and Royal Air Force Police) and the Service Complaints Commissioner, with limited modifications, as if they were authorised persons i.e. they must comply with the same obligations.

Section 30: Review of provisions relating to counselling information requests

364. This section requires the Secretary of State to prepare a report about the operation, in the review period (being 3 years after the provisions are commenced), of the provisions of new Chapter 3A of the Police, Crime, Sentencing and Courts Act 2022 (i.e. new sections 44A to 44F relating to victim third party material requests), in relation to requests for counselling information ("counselling information requests). The Secretary of State may arrange for another person to prepare the report.
365. The report must be published and laid before parliament as soon as is reasonably practicable after the end of the review period (i.e. 3 years after the provisions are commenced). This will enable the effectiveness of the additional safeguards applicable to requests for counselling information to be reviewed.

Data Protection

Section 31: Right to erasure of personal data

366. This section amends Article 17 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 which provides data subjects with the right to request that data controllers erase their personal data. Article 17(1) specifies grounds under which data subjects can request erasure, and where the data controller is obliged to accept this request. Article 17(3) sets out circumstances when this right does not apply, and a data controller can refuse a request for erasure.
367. Subsection (2) inserts an additional ground under Article 17(1) which victims of harassment and stalking can use to request the erasure of personal data from a data controller. This new ground applies if the personal data held was a result of an allegation that was made by a malicious person in relation to the victim, and the data controller has investigated the allegation and has decided that no further action is needed. The exemption detailed in Article 17(3) will apply to this new ground.
368. Subsection (3) defines the term ‘malicious person’ as an individual who has either been convicted of a relevant offence in relation to the data subject or who is subject to a stalking protection order made to protect the victim. Subsection (3) also lists the relevant offences in an accompanying table and these offences cover stalking and harassment.
369. Subsection (4) amends the Data Protection Act 2018 to add in a new power for the Secretary of State to make regulations to amend the list of relevant offences set out in subsection (3). This regulation making power is subject to the affirmative resolution procedure.

Section 32: Data protection

370. This section makes it clear that nothing in this Part of the Act requires or authorises the processing of information if that processing would contravene the data protection legislation (where "data protection legislation" has the same meaning as in the Data Protection Act 2018).

Consequential provision for Part 1

Section 33: Consequential provision

371. This section repeals Chapter 1 of Part 3 of the Domestic Violence, Crime and Victims Act 2004 and makes various consequential amendments.