Legislation – Police, Crime, Sentencing and Courts Act 2022
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There are currently no known outstanding effects for the Police, Crime, Sentencing and Courts Act 2022, Section 44B.
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PART 2Prevention, investigation and prosecution of crime
F1Chapter 3ARequests for information relating to victims
44BNotice requirements for victim information requests
(1)
The authorised person must (subject to subsection (5)) give notice of a victim information request to the person to whom the information sought relates (“V”).
(2)
Notice under this section must be in writing—
(a)
specifying or describing the information sought by the victim information request,
(b)
specifying the reason why the information is sought, and
(c)
specifying how the information will be dealt with once it has been obtained.
(3)
Notice under this section must be given—
(a)
on or before the date on which the victim information request is made, or
(b)
if that is not reasonably practicable, as soon as is reasonably practicable after that date.
(4)
If V is a child or an adult without capacity, notice under this section is given to V by giving it to—
(a)
a parent or guardian of V or, if V is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation, or
(b)
if no person described in paragraph (a) is available, any adult who the authorised person considers appropriate.
(5)
The authorised person need not give notice under this section, or specify a particular matter when giving notice, if the authorised person considers that doing so―
(a)
is not reasonably practicable in the circumstances,
(b)
might interfere with the investigation or enquiry for which the information is sought or any other investigation or enquiry which is being pursued, or is to be pursued, by the authorised person or another authorised person, or
(c)
might risk causing serious harm to V or another person.
(6)
In this section―
“adult” means a person aged 18 or over;
“adult without capacity” means an adult who, within the meaning of the Mental Capacity Act 2005, lacks capacity in relation to a notice under this section;
“child” means a person aged under 18;
“harm” includes physical, mental or emotional harm and economic loss;
“relevant authority”—
(a)
in relation to England, means a county council, a district council for an area for which there is no county council, a London borough council or the Common Council of the City of London in its capacity as a local authority;
(b)
in relation to Wales, means a county council or a county borough council;
“voluntary organisation” means a body (other than a public authority) whose activities are not carried on for profit.