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

Part 2Victims of major incidents

Appointment of advocates

36Appointment of advocates in respect of major incidents

(1)

The Secretary of State may appoint an individual to act as an advocate for victims of a major incident.

(2)

Before appointing an advocate in respect of a major incident that occurs in Wales, the Secretary of State must consult the Welsh Ministers.

(3)

An individual may be appointed as an advocate in respect of a major incident only if—

(a)

the individual is the standing advocate, or

(b)

the Secretary of State considers that the individual—

(i)

is qualified, and

(ii)

is appropriate to appoint in respect of the incident.

(4)

An individual may be qualified by virtue of—

(a)

their academic, professional or other qualifications, experience or skills;

(b)

their relationship with a geographical or other community;

(c)

any other matter the Secretary of State considers relevant.

(5)

In determining whether an individual is appropriate to appoint as an advocate in respect of a major incident, the Secretary of State may have regard to—

(a)

the geographical area in which the incident occurs;

(b)

any community affected by the incident;

(c)

the relevance of the individual’s qualifications, experience or skills to the incident and the matters in paragraphs (a) and (b);

(d)

any other matter the Secretary of State considers relevant.