Legislation – The Victims and Prisoners Act 2024 (Commencement No. 9) Regulations 2025

These Regulations bring into force sections 23(3), 24(3), 25(3), 26(3) and sections 61 to 64 of the Victims and Prisoners Act 2024 (c. 21) (“the 2024 Act”). These are the ninth commencement regulations made under the 2024 Act.

Sections 23(3), 24(3), 25(3) and 26(3) of the 2024 Act make amendments in respect of joint inspection programmes (inspection programmes delivered by 2 or more of HM Inspectorate of Prisons, HM Inspectorate of Constabulary and Fire & Rescue Services, HM Crown Prosecution Service Inspectorate and HM Inspectorate of Probation). The amendments empower the Secretary of State, Lord Chancellor and Attorney General together to direct that provision is included within such programmes for inspections, at specified times, of specified matters relating to the experiences and treatment of victims.

Sections 61 and 62 amend the Crime (Sentences) Act 1997 (c. 43) (“the 1997 Act”) and the Criminal Justice Act 2003 (c. 44) (“the 2003 Act”) in relation to life prisoners and fixed-term prisoners respectively. The amendments make provision for the Secretary of State to direct the Parole Board to refer certain release decisions it has made to the High Court. The High Court will then make a fresh decision on whether the statutory release test has been met and either direct the Secretary of State to give effect to the Parole Board’s release direction, or quash it. Sections 63 and 64 amend the 1997 Act and the 2003 Act respectively to specify that the Secretary of State is responsible for including licence conditions set by the High Court in a referral case. The provisions also confer the power on the Secretary of State to subsequently vary or cancel those conditions.