Legislation – Police, Crime, Sentencing and Courts Act 2022
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PART 2Prevention, investigation and prosecution of crime
F1Chapter 3ARequests for information relating to victims
44DCode of practice
(1)
The Secretary of State must prepare a code of practice for authorised persons about victim information requests and compliance with this Chapter.
(2)
The code must in particular—
(a)
provide that an authorised person must, when considering whether they are satisfied as required by paragraph (c) of section 44A(3) in relation to a counselling information request, start from the presumption that the request is not necessary and proportionate to achieve a purpose in that paragraph, and
(b)
set out the steps that must be taken by an authorised person when deciding whether that presumption is rebutted.
(3)
For the purposes of subsection (2), a “counselling information request” has the meaning given by section 44A(5).
(4)
The code may make different provision for different purposes or areas.
(5)
In preparing the code, the Secretary of State must consult―
(a)
the Information Commissioner,
(b)
the Commissioner for Victims and Witnesses,
(c)
the Domestic Abuse Commissioner, and
(d)
such other persons as the Secretary of State considers appropriate.
(6)
After preparing the code, the Secretary of State must lay it before Parliament and publish it.
(7)
The code is to be brought into force by regulations made by statutory instrument.
(8)
A statutory instrument containing regulations under subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament.
(9)
After the code has come into force the Secretary of State may from time to time revise it.
(10)
A failure on the part of an authorised person to act in accordance with the code does not of itself render the person liable to any criminal or civil proceedings.
(11)
But the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to act in accordance with it in determining a question in the proceedings.
(12)
References in subsections (2) to (11) to the code include a revised code, subject to subsection (13).
(13)
The duty to consult in subsection (5) does not apply in relation to the preparation of a revised code if the Secretary of State considers that the proposed revisions are insubstantial.