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 1Victims of criminal conduct

Collaboration in exercise of victim support functions

13Duty to collaborate in exercise of victim support functions

1

The relevant authorities for a police area in England must collaborate with each other in the exercise in the area of their functions in relation to relevant victim support services.

2

A relevant authority exercises a function in relation to relevant victim support services if it exercises the function in relation to—

a

the provision of such services, or

b

the commissioning of such services provided by another person.

3

The “relevant authorities” for a police area in England are—

a

the local policing body for the police area,

b

an integrated care board, established under Chapter A3 of Part 2 of the National Health Service Act 2006, all or part of whose area falls within the police area, and

c

a local authority, all or part of whose area falls within the police area.

4

For the purposes of subsection (3)(c), “local authority” means—

a

a county council,

b

a district council for an area for which there is no county council,

c

the Greater London Authority, or

d

the Council of the Isles of Scilly.

5

Relevant victim support service” means a service, other than accommodation-based support, provided to support victims of criminal conduct which constitutes—

a

domestic abuse,

b

conduct of a sexual nature, or

c

serious violence.

6

In subsection (5), “accommodation-based support” and “domestic abuse” have the same meanings as in the Domestic Abuse Act 2021 (see sections 1 and 57 of that Act).

7

For the purposes of subsection (5)(c), “violence” includes—

a

violence against property, and

b

threats of violence,

but does not include terrorism within the meaning of the Terrorism Act 2000 (see section 1 of that Act).

8

In considering whether violence amounts to serious violence, the relevant authorities must, in particular, take into account—

a

the maximum penalty which could be imposed for any offence which the conduct constitutes, and

b

the impact of the conduct on any victim.

9

Collaboration under this section may include the processing of information within the meaning given by section 3 of the Data Protection Act 2018.