Victims and Prisoners Act 2024

17Disclosures by victims that cannot be precluded by agreementE+W

This section has no associated Explanatory Notes

(1)A provision in an agreement is void in so far as it purports to preclude the making of a disclosure falling within subsection (2).

(2)A disclosure falls within this subsection if it is a disclosure of information that is made by a victim or a person who reasonably believes they are a victim—

(a)to any person who has law enforcement functions, for the purpose of those functions being exercised in relation to relevant conduct;

(b)to a qualified lawyer, for the purpose of seeking legal advice about relevant conduct;

(c)to any individual who is entitled to practise a regulated profession, for the purpose of obtaining professional support in relation to relevant conduct;

(d)to any individual who provides a service to support victims, for the purpose of obtaining support from that service in relation to relevant conduct;

(e)to a regulator of a regulated profession for the purpose of co-operating with the regulator in relation to relevant conduct;

[F1(ea)to the Criminal Injuries Compensation Authority, for the purpose of a claim for compensation in relation to relevant conduct under the Criminal Injuries Compensation Scheme or the Victims of Overseas Terrorism Compensation Scheme;

(eb)to a court or tribunal, for the purpose of issuing or pursuing any proceedings in relation to a decision of the Criminal Injuries Compensation Authority made in connection with a claim mentioned in paragraph (ea);]

(f)to a person who is authorised to receive information on behalf of a person mentioned in paragraph (a), (b), (c), (d) [F2, (e) or (ea), or on behalf of a court or tribunal mentioned in paragraph (eb), for the purpose mentioned in the paragraph in question;]

(g)to a child, parent or partner of the person making the disclosure, for the purpose of obtaining support in relation to relevant conduct.

(3)But a provision in an agreement is not void by virtue of subsection (1) so far as it purports to preclude a disclosure made for the primary purpose of releasing the information into the public domain.

(4)The Secretary of State may by regulations amend this section—

(a)to add, remove or modify a description of disclosure in relation to which subsection (1) applies (“a permitted disclosure”);

(b)to extend the application of subsection (1) to a provision in an agreement which purports to impose an obligation or liability in connection with a permitted disclosure.

(5)But regulations under subsection (4)(a) must not make any provision which would apply subsection (1) in relation to a disclosure—

(a)made by a person other than a victim or a person who reasonably believes they are a victim, or

(b)that does not relate to relevant conduct.

(6)In this section—

  • [F3“Criminal Injuries Compensation Scheme” means—

    (a)

    the schemes established by arrangements made under section 1 of the Criminal Injuries Compensation Act 1995, or

    (b)

    arrangements made by the Secretary of State for compensation for criminal injuries in operation before the commencement of those schemes;]

  • “entitled to practise”, in relation to a regulated profession, is to be read in accordance with section 19(2) of the Professional Qualifications Act 2022;

  • “law enforcement functions” means functions for the purposes of the investigation or prosecution of criminal offences or the execution of criminal penalties;

  • “partner”: a person is a “partner” of another person if they are married to each other, in a civil partnership with each other or in an intimate personal relationship with each other which is of significant duration;

  • “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 [F4or a person who is a registered foreign lawyer];

  • [F5“registered foreign lawyer” means a person who is registered with the Law Society under section 89 of the Courts and Legal Services Act 1990;]

  • “regulated profession” and “regulator” have the same meanings as in the Professional Qualifications Act 2022 (see section 19 of that Act);

  • “relevant conduct” means conduct by virtue of which the person making the disclosure is or reasonably believes they are a victim (see section 1(1) and (2) of this Act);

  • [F6“Victims of Overseas Terrorism Compensation Scheme” means the scheme established by arrangements made under section 47 of the Crime and Security Act 2010.]

Textual Amendments

Commencement Information

I1S. 17 not in force at Royal Assent, see s. 81(2)

I2S. 17 in force at 1.6.2025 for specified purposes by S.I. 2025/616, reg. 2(a)

I3S. 17 in force at 1.10.2025 in so far as not already in force by S.I. 2025/616, reg. 2(b)