Legislation – Victims and Prisoners Act 2024

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Introduction

Part 1
Victims of criminal conduct

1 Meaning of “victim”

2 The victims’ code

3 Preparing and issuing the victims’ code

4 Revising the victims’ code

5 Code compliance

6 Code awareness and reviewing compliance: criminal justice bodies

7 Arrangements for collection of victims’ feedback

8 Reviewing code compliance: elected local policing bodies

9 Code awareness and reviewing compliance: British Transport Police

10 Code awareness and reviewing compliance: Ministry of Defence Police

11 Reviewing code compliance: Secretary of State and Attorney General

12 Guidance on code awareness and reviewing compliance

13 Duty to collaborate in exercise of victim support functions

14 Strategy for collaboration in exercise of victim support functions

15 Guidance on collaboration in exercise of victim support functions

16 Guidance about specified victim support roles

17 Disclosures by victims that cannot be precluded by agreement

18 Restricting parental responsibility where one parent kills the other

19 Domestic abuse related death reviews

20 Child victims of domestic abuse

21 Victim impact statements to mental health tribunals (restricted patients)

22 Commissioner for Victims and Witnesses

23 His Majesty’s Chief Inspector of Prisons

24 His Majesty’s Chief Inspector of Constabulary

25 His Majesty’s Chief Inspector of the Crown Prosecution Service

26 His Majesty’s Chief Inspector of Probation for England and Wales

27 Parliamentary Commissioner for Administration

28 Information relating to victims

29 Information relating to victims: service police etc

30 Review of provisions relating to counselling information requests

31 Right to erasure of personal data in the UK

32 Data protection

33 Consequential provision

Part 2
Victims of major incidents

34 Meaning of “major incident” etc

35 Appointment of standing advocate

36 Appointment of advocates in respect of major incidents

37 Terms of appointment

38 Appointment of more than one advocate in respect of same major incident

39 Functions of advocates appointed in respect of major incidents

40 Role of advocates under Part 1 of the Coroners and Justice Act 2009

41 Reports to the Secretary of State

42 Publication of reports

43 Information sharing and data protection

44 Guidance for advocates

45 Consequential amendments

46 Review of duty of candour in relation to major incidents

47 Review of operation of Part 2

Part 3
Infected blood compensation

48 Infected Blood Compensation Authority

49 Infected blood compensation scheme

50 Payments

51 Applications and procedure

52 Reviews and appeals

53 Information: infected blood compensation scheme

54 Duty to co-operate with the IBCA

55 Provision of support and assistance

56 Payments to personal representatives of qualifying infected persons

57 Information: payments to personal representatives

Part 4
Prisoners

58 Public protection decisions: life prisoners

59 Public protection decisions: fixed-term prisoners

60 Amendment of power to change test for release on licence of certain prisoners

61 Referral of release decisions: life prisoners

62 Referral of release decisions: fixed-term prisoners

63 Licence conditions of life prisoners released following referral

64 Licence conditions of fixed-term prisoners released following referral

65 Assessing etc risks posed by controlling or coercive offenders

66 Imprisonment or detention for public protection

67 Imprisonment or detention for public protection: annual report

68 Extension of home detention curfew

69 Section 3 of the Human Rights Act 1998: life prisoners

70 Section 3 of the Human Rights Act 1998: fixed-term prisoners

71 Section 3 of the Human Rights Act 1998: power to change release test

72 Application of certain Convention rights in prisoner release cases

73 Parole Board rules

74 Parole Board membership

75 Whole life prisoners prohibited from forming a marriage

76 Whole life prisoners prohibited from forming a civil partnership

Part 5
General

77 Financial provision

78 Power to make consequential provision

79 Regulations

80 Extent

81 Commencement

82 Short title

SCHEDULES

Schedule 1 Infected Blood Compensation Authority

Schedule 2 Offences relevant to public protection decisions

Changes to legislation:

Victims and Prisoners Act 2024, Section 19 is up to date with all changes known to be in force on or before 27 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes to Legislation

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 1Victims of criminal conduct

Victims of domestic abuse

1

The Domestic Violence, Crime and Victims Act 2004 is amended in accordance with subsections (2) to (4).

2

After section 8 insert—

8AEstablishment and conduct of reviews

1

In this section “domestic abuse related death review” means a review of the circumstances of the death of a person which is held—

a

where the death has, or appears to have, resulted from domestic abuse towards the person within the meaning of the Domestic Abuse Act 2021, and

b

with a view to identifying the lessons to be learned from the death.

2

The Secretary of State may in a particular case direct a specified person or body within subsection (6) to establish, or to participate in, a domestic abuse related death review.

3

It is the duty of any person or body within subsection (6) establishing or participating in a domestic abuse related death review (whether or not held pursuant to a direction under subsection (2)) to have regard to any guidance issued by the Secretary of State as to the establishment and conduct of such reviews.

4

A person or body within subsection (6) that establishes a domestic abuse related death review (whether or not held pursuant to a direction under subsection (2)) must send a copy of any report setting out the conclusions of the review to the Secretary of State and the Domestic Abuse Commissioner.

5

The copy must be sent as soon as reasonably practicable after the report is completed.

6

The persons and bodies within this subsection are—

  • chief officers of police for police areas in England and Wales;

  • local authorities;

  • NHS England;

  • integrated care boards established under section 14Z25 of the National Health Service Act 2006;

  • providers of probation services;

  • Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006;

  • NHS trusts established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006.

7

In subsection (6)local authority” means—

a

in relation to England, the council of a district, county or London borough, the Common Council of the City of London and the Council of the Isles of Scilly;

b

in relation to Wales, the council of a county or county borough.

8

The Secretary of State may by order amend subsection (6) or (7).

3

In section 9 (establishment and conduct of domestic homicide reviews)—

a

in each of subsections (2) and (3)—

i

for “Secretary of State” substitute “Department of Justice in Northern Ireland”;

ii

for “(4)” substitute “(4)(b)”;

b

omit subsections (3A), (3B), (3C), (4)(a), (5) and (6).

4

In section 61 (orders), in subsection (3), for “9(6)” substitute “8A(8)”.

5

In section 26 of the Police, Crime, Sentencing and Courts Act 2022 (relationship of offensive weapons homicide reviews with other review requirements), in subsection (1)(b)—

a

after “of a” insert “domestic abuse related death review or”;

b

for “section” substitute “sections 8A and”.

Annotations:
Commencement Information
I1

S. 19 not in force at Royal Assent, see s. 81(2)