Legislation – Victims and Prisoners Act 2024

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Part 1Victims of criminal conduct

Victims’ Commissioner

22Commissioner for Victims and Witnesses

(1)

The Domestic Violence, Crime and Victims Act 2004 is amended as follows.

(2)

In section 49 (functions of Commissioner for Victims and Witnesses)—

(a)

in subsection (1)(c), for “section 32” substitute “section 2 of the Victims and Prisoners Act 2024, including the extent to which the duty in section 5(1) of that Act (duty to provide services in accordance with the code) is being complied with”;

(b)

in subsection (2)(c), after “remit” insert “(whether or not made by way of inclusion in a report prepared under paragraph (b) or subsection (4))”;

(c)

after subsection (4) insert—

“(4A)

A report prepared under subsection (2)(b) or (4) may include provision making recommendations to any authority within the Commissioner’s remit.”;

(d)

after subsection (5) insert—

“(5A)

The Commissioner must arrange for each report prepared under subsection (4) to be laid before Parliament.”

(3)

After section 49 insert—

“49ADuty to respond to Commissioner’s recommendations

(1)

This section applies where the Commissioner publishes a report under section 49(2)(b) or (4) containing recommendations to an authority within the Commissioner’s remit.

(2)

The relevant person must prepare comments on the report.

(3)

The relevant person is—

(a)

where the authority is a government department in the charge of a Minister of the Crown, the Minister, or

(b)

in any other case, the authority.

(4)

The comments must include, in respect of each recommendation made in the report, an explanation of—

(a)

the action which the relevant person has taken, or proposes to take, in response to the recommendation, or

(b)

why the relevant person has not taken, or does not propose to take, any action in response.

(5)

The relevant person must arrange for the comments to be published in such manner as the person considers appropriate.

(6)

The comments must be published before the end of the period of 56 days beginning with the day on which the report is published.

(7)

The relevant person must send a copy of anything published under subsection (6) to—

(a)

the Commissioner, and

(b)

(unless the authority is a government department in the charge of a Minister of the Crown) the Secretary of State.”

(4)

After section 51 insert—

“51ADuty to co-operate with Commissioner

(1)

The Commissioner may request a relevant person to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of the Commissioner’s functions.

(2)

A relevant person must comply with a request made to the person under this section, so far as it is appropriate and reasonably practicable for the person to do so.

(3)

In this section “relevant person” means a person who is not an individual and is subject to the duty in section 5(1) of the Victims and Prisoners Act 2024 (duty to provide services in accordance with the code issued under section 2 of that Act).”

(5)

In Schedule 9 (authorities within Commissioner’s remit)—

(a)

for paragraphs 1VA to 8B substitute—

“1

A government department in the charge of a Minister of the Crown.”;

(b)

after paragraph 11 insert—

“11A

A local policing body.”;

(c)

after paragraph 16 insert—

“16A

His Majesty’s Inspectors of Constabulary.”;

(d)

after paragraph 29 insert—

“29A

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

29B

His Majesty’s Chief Inspector of Prisons.

29C

His Majesty’s Inspectorate of Probation for England and Wales.”