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

Schedules

Schedule 2Offences relevant to public protection decisions

Section 59(9)

Before Schedule 19 to the Criminal Justice Act 2003 insert—

Schedule 18BOffences relevant to public protection decisions

Section 237A(4)

Part 1Common law offences

Offences under the law of England and Wales, Scotland and Northern Ireland

1

Kidnapping.

2

Murder.

3Offences under the law of England and Wales and Northern Ireland

Manslaughter.

Offences under the law of Scotland

4

Abduction.

5

Assault and poisoning.

6

Assault by explosive device.

7

Assault to severe injury.

8

Assault with intent to rob.

9

Culpable homicide.

10

Malicious mischief.

11

Poisoning.

12

Robbery.

13

Wilful fire-raising.

Offences under the law of Northern Ireland

14

Affray.

15

Riot.

Part 2Statutory offences

16Offences against the Person Act 1861

An offence under any of the following provisions of the Offences against the Person Act 1861—

a

section 4 (soliciting murder);

b

section 16 (threats to kill);

c

section 18 (wounding with intent to cause grievous bodily harm);

d

section 20 (malicious wounding);

e

section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);

f

section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);

g

section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);

h

section 27 (abandoning children);

i

section 28 (causing bodily injury by explosives);

j

section 29 (using explosives etc with intent to do grievous bodily harm);

k

section 30 (placing explosives with intent to do bodily injury);

l

section 31 (setting spring guns etc with intent to do grievous bodily harm);

m

section 32 (endangering the safety of railway passengers);

n

section 35 (injuring persons by furious driving);

o

section 37 (assaulting officer preserving wreck);

p

section 38 (assault with intent to resist arrest);

q

section 47 (assault occasioning actual bodily harm).

17Explosive Substances Act 1883

An offence under any of the following provisions of the Explosive Substances Act 1883—

a

section 2 (causing explosion likely to endanger life or property);

b

section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

c

section 4 (making or possession of explosive under suspicious circumstances);

d

section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).

18Infant Life (Preservation) Act 1929

An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

19Children and Young Persons Act 1933

An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).

20Infanticide Act 1938

An offence under section 1 of the Infanticide Act 1938 (infanticide).

21Sexual Offences Act 1956

An offence under section 33A of the Sexual Offences Act 1956 (keeping a brothel used for prostitution).

22Firearms Act 1968

An offence under any of the following provisions of the Firearms Act 1968—

a

section 16 (possession of firearm with intent to injure);

b

section 16A (possession of firearm with intent to cause fear of violence);

c

section 17(1) (use of firearm to resist arrest);

d

section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

e

section 18 (carrying a firearm with criminal intent).

23Theft Act 1968

An offence under any of the following provisions of the Theft Act 1968—

a

section 8 (robbery or assault with intent to rob);

b

section 9, where the offence is burglary with intent to—

i

inflict grievous bodily harm on a person, or

ii

do unlawful damage to a building or anything in it;

c

section 10 (aggravated burglary);

d

section 12A (aggravated vehicle-taking).

24Criminal Damage Act 1971

1

An offence of arson under section 1 of the Criminal Damage Act 1971.

2

An offence under section 1(2) of that Act (destroying or damaging property), other than an offence of arson.

25Biological Weapons Act 1974

An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).

26Protection of Children Act 1978

An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).

27Customs and Excise Management Act 1979

An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).

28Taking of Hostages Act 1982

An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

29Aviation Security Act 1982

An offence under any of the following provisions of the Aviation Security Act 1982—

a

section 1 (hijacking);

b

section 2 (destroying, damaging or endangering safety of aircraft);

c

section 3 (other acts endangering or likely to endanger safety of aircraft);

d

section 4 (offences in relation to certain dangerous articles);

e

section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).

30Nuclear Material (Offences) Act 1983

An offence under section 2 of the Nuclear Material (Offences) Act 1983 (preparatory acts and threats).

31Mental Health Act 1983

An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).

32Public Order Act 1986

An offence under any of the following provisions of the Public Order Act 1986—

a

section 1 (riot);

b

section 2 (violent disorder);

c

section 3 (affray).

33Criminal Justice Act 1988

An offence under either of the following provisions of the Criminal Justice Act 1988—

a

section 134 (torture);

b

section 160 (possession of indecent photograph of a child).

34Road Traffic Act 1988

An offence under any of the following provisions of the Road Traffic Act 1988—

a

section 1 (causing death by dangerous driving);

b

section 3ZC (causing death by driving: disqualified drivers);

c

section 3A (causing death by careless driving when under influence of drink or drugs).

35Aviation and Maritime Security Act 1990

An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

a

section 1 (endangering safety at aerodromes);

b

section 9 (hijacking of ships);

c

section 10 (seizing or exercising control of fixed platforms);

d

section 11 (destroying ships or fixed platforms or endangering their safety);

e

section 12 (other acts endangering or likely to endanger safe navigation);

f

section 13 (offences involving threats);

g

section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety).

36Channel Tunnel (Security) Order 1994 (S.I. 1994/570)

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

37Chemical Weapons Act 1996

An offence under either of the following provisions of the Chemical Weapons Act 1996—

a

section 2 (use etc of chemical weapons);

b

section 11 (premises or equipment used for producing chemical weapons).

38Protection from Harassment Act 1997

An offence under either of the following provisions of the Protection from Harassment Act 1997—

a

section 4 (putting people in fear of violence);

b

section 4A (stalking involving fear of violence or serious alarm or distress).

39Crime and Disorder Act 1998

1

An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults).

2

An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986).

40Terrorism Act 2000

An offence under any of the following provisions of the Terrorism Act 2000—

a

section 11 (membership of a proscribed organisation);

b

section 12 (inviting support for a proscribed organisation etc);

c

section 15 (fund-raising);

d

section 16 (use or possession of money or property for terrorist purposes);

e

section 17 (involvement in terrorist funding arrangements);

f

section 17A (insurance against payments made in response to terrorist demands);

g

section 18 (laundering of terrorist property);

h

section 19 (failure to disclose professional belief or suspicion about terrorist offences);

i

section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);

j

section 38B (failure to disclose information about acts of terrorism);

k

section 39 (disclosure of information prejudicial to a terrorist investigation etc);

l

section 54 (weapons training);

m

section 56 (directing terrorist organisation);

n

section 57 (possession of article for terrorist purposes);

o

section 58 (collection of information likely to be of use to a terrorist);

p

section 58A (publishing information about members of the armed forces);

q

section 58B (entering or remaining in a designated area);

r

sections 59 to 61 (inciting terrorism overseas).

41International Criminal Court Act 2001

An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

42Anti-terrorism, Crime and Security Act 2001

An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

a

section 47 (use etc of nuclear weapons);

b

section 50 (assisting or inducing certain weapons-related acts overseas);

c

section 113 (use of noxious substance or thing to cause harm or intimidate).

43Female Genital Mutilation Act 2003

An offence under any of the following provisions of the Female Genital Mutilation Act 2003—

a

section 1 (female genital mutilation);

b

section 2 (assisting a girl to mutilate her own genitalia);

c

section 3 (assisting a non-UK person to mutilate overseas a girl’s genitalia).

44Sexual Offences Act 2003

An offence under Part 1 of the Sexual Offences Act 2003 (sexual offences), other than an offence under any of the following provisions of that Act—

a

section 51A (soliciting);

b

section 53A (paying for sexual services of a prostitute subjected to force etc);

c

section 71 (sexual activity in a public lavatory).

45Domestic Violence, Crime and Victims Act 2004

An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).

46Terrorism Act 2006

An offence under any of the following provisions of the Terrorism Act 2006—

a

section 1 (encouragement of terrorism);

b

section 2 (dissemination of terrorist publications);

c

section 5 (preparation of terrorist acts);

d

section 6 (training for terrorism);

e

section 8 (attendance at a place used for terrorist training);

f

section 9 (making or possession of radioactive device or material);

g

section 10 (misuse of radioactive device or material for terrorist purposes etc);

h

section 11 (terrorist threats relating to radioactive devices etc).

47Counter-Terrorism Act 2008

An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc).

48Terrorism Prevention and Investigation Measures Act 2011

An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).

49Counter-Terrorism and Security Act 2015

An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).

50Serious Crime Act 2015

An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

51Modern Slavery Act 2015

An offence under either of the following provisions of the Modern Slavery Act 2015—

a

section 1 (slavery, servitude and forced or compulsory labour);

b

section 2 (human trafficking).

52Space Industry Act 2018

An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018—

a

paragraph 1 (hijacking of spacecraft);

b

paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

c

paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

d

paragraph 4 (endangering safety at spaceports).