The Victims and Prisoners Act 2024 (Commencement No. 7) Regulations 2025

Explanatory Note

(This note is not part of the Regulations)

These Regulations bring into force certain provisions of the Victims and Prisoners Act 2024 (c. 21) (“the 2024 Act”) on 25th June 2025. These are the seventh commencement Regulations made under the 2024 Act.

Regulation 2(a) brings into force section 21 from Part 1 of the 2024 Act (victims of criminal conduct). Section 21 introduces entitlements for certain victims of offenders subject to hospital orders with restriction orders (pursuant to sections 37 and 41 of the Mental Health Act 1983 (c. 20)) to make a victim impact statement to the First-tier Tribunal (Mental Health) or the Mental Health Review Tribunal for Wales (“the Tribunal”); and, where a tribunal hearing is due to take place and the victim has applied to attend the hearing to read their statement, to have that application granted by the Tribunal unless there are good reasons not to. The entitlements are introduced by way of insertion of a new section 37ZA into the Domestic Violence, Crime and Victims Act 2004 (c. 28) (“the 2004 Act”) and will apply to victims of offenders convicted of a sexual, violent or terrorism offence. Pursuant to new section 37ZA(4), the Tribunal may have regard to the statement when deciding what discharge conditions to impose on the offender, but must not have regard to it in relation to any other matter, for example, the discharge decision itself.

The new entitlements will apply where an application or reference listed in section 37(5) of the 2004 Act is made to the Tribunal. These entitlements will apply to applications or references made to the Tribunal on or after the day on which section 21 comes into force (25th June 2025).

Regulations 2(b) to (h) bring into force provisions from Part 2 of the 2024 Act (victims of major incidents) that relate to the appointment and functions of the standing advocate. The standing advocate will be a permanent advocate for victims of major incidents and will advise the Secretary of State on their interests and the response of public authorities. The advocate will report annually on the exercise of its functions in that year, and may also report at the request of the Secretary of State or at their own discretion on matters relating to a major incident to which they have been appointed.

A full impact assessment has not been produced for this instrument as no, or no significant impact, on the private, voluntary or public sector is foreseen.