Legislation – The Victims and Prisoners Act 2024 (Permitted Disclosures) Regulations 2025

Section 17(1) of the Victims and Prisoners Act 2024 (“the 2024 Act”) provides that a provision in an agreement is void in so far as it purports to preclude the making of a disclosure falling within section 17(2). Section 17(2) provides that a disclosure will fall within that subsection if it is a disclosure of information that is made by a victim of crime, or a person who reasonably believes they are a victim of crime, to certain specified bodies (including those with law enforcement functions, qualified lawyers and individuals who provide a service to support victims) for certain specified purposes related to the criminal conduct (the “permitted disclosures”). These Regulations amend the permitted disclosures in section 17 of the 2024 Act.

Regulation 2 adds disclosures to the Criminal Injuries Compensation Authority (“CICA”) to the list of permitted disclosures in section 17(2) of the 2024 Act for the purpose of a claim for compensation in relation to the criminal conduct under the Criminal Injuries Compensation Scheme or the Victims of Overseas Terrorism Compensation Scheme. Regulation 2 also adds disclosures to a court or tribunal to the list of permitted disclosures for the purpose of issuing or pursuing any proceedings in relation to a decision of CICA made in connection with any such claim. The effect of this is that a provision in an agreement will be void to the extent that it seeks to prevent a victim of crime, or a person who reasonably believes they are a victim of crime, from making a disclosure of information to CICA for the purpose of a claim for compensation in relation to the criminal conduct under the schemes that CICA administers or to a court or tribunal for the purpose of issuing or pursuing any proceedings in relation to a decision of CICA made in connection with any such claim.

Regulation 2 also adds registered foreign lawyers to the definition of “qualified lawyer” in section 17(6) of the 2024 Act. The effect of this is that a provision in an agreement will be void under section 17(1) of the 2024 Act to the extent that it seeks to prevent a victim of crime, or a person who reasonably believes they are a victim of crime, from making a disclosure of information to a registered foreign lawyer for the purpose of seeking legal advice about the criminal conduct.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.