Legislation – Police, Crime, Sentencing and Courts Act 2022

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PART 2Prevention, investigation and prosecution of crime

F1Chapter 3ARequests for information relating to victims

44ARequests for information relating to victims

(1)

A victim information request must be made in accordance with this Chapter.

(2)

In this Chapter, a “victim information request” means a request by an authorised person to another person to provide information which relates to a third person who the authorised person has reason to believe is or may be—

(a)

a victim, or

(b)

at risk of being a victim.

(3)

A victim information request may be made only if the authorised person—

(a)

has reason to believe that the person to whom the request is made holds the information sought,

(b)

has reason to believe that the information sought is relevant to a reasonable line of enquiry which is being pursued, or is to be pursued, by the authorised person or another authorised person, and

(c)

is satisfied that the request is necessary and proportionate to achieve the purpose of preventing, detecting, investigating or prosecuting crime.

(4)

A counselling information request may be made only if the authorised person has reason to believe that the information sought is likely to have substantial probative value to a reasonable line of enquiry which is being pursued, or is to be pursued, by the authorised person or another authorised person.

(5)

For the purposes of subsection (4), a “counselling information request” means a victim information request to a person who provides counselling services of a description specified in regulations made by the Secretary of State by statutory instrument.

(6)

The reference in subsection (3)(c) to crime is a reference to―

(a)

conduct which constitutes one or more criminal offences in England and Wales, or

(b)

conduct which, if it took place in England and Wales, would constitute one or more criminal offences.

(7)

Subsection (8) applies if the authorised person thinks that, in making the request, there is a risk of obtaining information other than information necessary to achieve a purpose within subsection (3)(c).

(8)

The authorised person must, to be satisfied that the request is proportionate, be satisfied that—

(a)

there are no other means of obtaining the information sought, or

(b)

there are such other means, but it is not reasonably practicable to use them.

(9)

In making a victim information request or deciding whether to make such a request (including giving notice under section 44B or deciding whether to give such notice) an authorised person must have regard to the code of practice for the time being in force under section 44D.

(10)

In this section “victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024.

(11)

This section is subject to sections 44B (notice requirements for victim information requests) and 44C (content of victim information requests).

(12)

A statutory instrument containing regulations under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.