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

Functions and powers of advocates in respect of major incidents

39Functions of advocates appointed in respect of major incidents

1

This section applies where an advocate is appointed in respect of a major incident.

2

Where more than one advocate is appointed in respect of the incident, references in this section to “the advocate” are to each advocate individually and any number of them (including all of them) acting jointly.

3

Subject to the terms of their appointment, the advocate may provide such support to victims of the incident as the advocate considers appropriate in relation to—

a

the aftermath of the incident;

b

an investigation by a public authority into the incident;

c

an inquest under the Coroners and Justice Act 2009 into a death the incident may have caused or contributed to;

d

an inquiry into the incident under the Inquiries Act 2005.

4

The support provided under subsection (3) may include, for example—

a

helping victims understand the actions of public authorities in relation to the incident, and how the views of victims may be taken into account;

b

informing victims about other sources of support and advice, and services, that may be available in connection with the incident;

c

communicating with public authorities on behalf of victims in relation to the incident;

d

assisting victims to access documents or other information in relation to an investigation, inquest or inquiry referred to in subsection (3) (to the extent that victims are, or a particular victim is, entitled to such access).

5

The advocate may provide support to victims by providing support to such persons as the advocate considers represent one or more victims, including where those persons are not victims themselves.

6

Where the advocate provides support to victims under the age of 18, the advocate may do so only by providing support to such persons as the advocate considers represent those victims.

7

A person may not represent victims for the purposes of this Part if the person—

a

is an individual under the age of 18, or

b

would, in representing victims, carry on a legal activity.

8

The advocate may not, in supporting victims—

a

carry on a legal activity;

b

provide financial support to any person;

c

provide health care to any person.

9

Nothing in this Part confers a right on any person to require the advocate to provide support, or support of a particular type, to that person or any other person.

10

In this section—

  • health care” includes all forms of health care, whether relating to physical or mental health;

  • legal activity” has the meaning given by section 12(3) of the Legal Services Act 2007;

  • public authority” has the same meaning as in section 35(2)(a) (see section 35(5)).