Victims and Prisoners Act 2024

Collaboration in exercise of victim support functions

13 Duty to collaborate in exercise of victim support functions

(1) The relevant authorities for a police area in England must collaborate with each other in the exercise in the area of their functions in relation to relevant victim support services.

(2) A relevant authority exercises a function in relation to relevant victim support services if it exercises the function in relation to—

(a) the provision of such services, or

(b) the commissioning of such services provided by another person.

(3) The “relevant authorities” for a police area in England are—

(a) the local policing body for the police area,

(b) an integrated care board, established under Chapter A3 of Part 2 of the National Health Service Act 2006, all or part of whose area falls within the police area, and

(c) a local authority, all or part of whose area falls within the police area.

(4) For the purposes of subsection (3)(c), “local authority” means—

(a) a county council,

(b) a district council for an area for which there is no county council,

(c) the Greater London Authority, or

(d) the Council of the Isles of Scilly.

(5) “Relevant victim support service” means a service, other than accommodation-based support, provided to support victims of criminal conduct which constitutes—

(a) domestic abuse,

(b) conduct of a sexual nature, or

(c) serious violence.

(6) In subsection (5), “accommodation-based support” and “domestic abuse” have the same meanings as in the Domestic Abuse Act 2021 (see sections 1 and 57 of that Act).

(7) For the purposes of subsection (5)(c), “violence” includes—

(a) violence against property, and

(b) threats of violence,

but does not include terrorism within the meaning of the Terrorism Act 2000 (see section 1 of that Act).

(8) In considering whether violence amounts to serious violence, the relevant authorities must, in particular, take into account—

(a) the maximum penalty which could be imposed for any offence which the conduct constitutes, and

(b) the impact of the conduct on any victim.

(9) Collaboration under this section may include the processing of information within the meaning given by section 3 of the Data Protection Act 2018.

14 Strategy for collaboration in exercise of victim support functions

(1) For the purposes of section 13, the relevant authorities for a police area in England must together—

(a) prepare a strategy for the exercise in the area of their functions in relation to relevant victim support services,

(b) set out in the strategy how they consider they are fulfilling, or intend to fulfil, the duty under section 13, and

(c) implement the strategy.

(2) In preparing the strategy, the relevant authorities must—

(a) make reasonable efforts to obtain the views of victims in the police area,

(b) consult persons appearing to the relevant authorities to represent persons providing relevant victim support services in the police area, and

(c) consult such other persons as the relevant authorities consider appropriate.

(3) In preparing the strategy, the relevant authorities must—

(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.

(4) When making an assessment under subsection (3), the relevant authorities must have regard to the particular needs of victims who are under the age of 18 or who have protected characteristics within the meaning of the Equality Act 2010.

(5) Once the strategy has been prepared the relevant authorities must—

(a) publish the strategy,

(b) keep the strategy under review, and

(c) from time to time prepare a revised strategy.

(6) Subsections (1) to(5) apply to a revised strategy as they apply to the original strategy.

(7) In this section, “relevant authority” and “relevant victim support service” have the meanings given by section 13.

15 Guidance on collaboration in exercise of victim support functions

(1) The Secretary of State must issue guidance to assist relevant authorities for police areas in England in the discharge of the duties under sections 13 and 14 (and such authorities must have regard to the guidance when discharging those duties).

(2) Before issuing guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate (and it is immaterial for these purposes whether the consultation is carried out before or after this section comes in force).

(3) In this section, “relevant authority” has the meaning given by section 13(3).