Part 1U.K.Victims of criminal conduct

Disclosures by victims that cannot be precluded by agreementE+W

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

(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—