Part 1

Victims of criminal conduct

Disclosures by victims that cannot be precluded by agreement

Disclosures by victims that cannot be precluded by agreement
17
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;
f
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;
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—
- “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;
- “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).