Victims and Prisoners Act 2024

Pt.1

Victims of criminal conduct

Pt.1(crossheading)(meaning)(of)(victim)

Meaning of “victim”

s.1

Meaning of “victim”

s.1(1)

In this Part, “victim” means a person who has suffered harm as a direct result of—

s.1(1)(a)

being subjected to criminal conduct, or

s.1(1)(b)

one or more of the circumstances mentioned in subsection (2).

s.1(2)

The circumstances are—

s.1(2)(a)

where the person has seen, heard, or otherwise directly experienced the effects of, criminal conduct at the time the conduct occurred;

s.1(2)(b)

where the person’s birth was the direct result of criminal conduct;

s.1(2)(c)

where the death of a close family member of the person was the direct result of criminal conduct;

s.1(2)(d)

where the person is a child who is a victim of domestic abuse which constitutes criminal conduct.

s.1(3)

The reference in subsection (2)(d) to a child who is a victim of domestic abuse is to be read in accordance with Part 1 of the Domestic Abuse Act 2021.

s.1(4)

For the purposes of this Part—

s.1(4)(a)

“harm” includes physical, mental or emotional harm and economic loss;

s.1(4)(b)

“criminal conduct” means conduct which constitutes an offence.

s.1(5)

It is immaterial for the purposes of subsection (4)(b) that—

s.1(5)(a)

no person has reported the offence;

s.1(5)(b)

no person has been charged with or convicted of the offence.

s.1(6)

In section 52(3)(a) of the Domestic Violence, Crime and Victims Act 2004, for “complaint has been made about” substitute “person has reported”.

Pt.1(crossheading)(victims)(code)

Victims’ code

s.2

The victims’ code

s.2(1)

The Secretary of State must issue a code of practice as to the services to be provided to victims by persons appearing to the Secretary of State to have functions of a public nature relating to—

s.2(1)(a)

victims, or

s.2(1)(b)

any aspect of the criminal justice system.

s.2(2)

In this Part, the “victims’ code” means the code of practice issued under this section that is for the time being in operation (but see subsection (13)).

s.2(3)

The victims’ code must make provision for services which reflect the principles that victims require—

s.2(3)(a)

information to help them understand the criminal justice process;

s.2(3)(b)

access to services which support them (including, where appropriate, specialist services);

s.2(3)(c)

the opportunity to make their views heard in the criminal justice process;

s.2(3)(d)

the ability to challenge decisions which have a direct impact on them.

s.2(3A)

The victims’ code must make provision about informing victims of the opportunity to ask the Attorney General to refer a case to the Court of Appeal under section 36 of the Criminal Justice Act 1988 (unduly lenient sentences).

s.2(3B)

Subsection (3A) applies only in respect of—

s.2(3B)(a)

a person who is a victim by virtue of section 1(1)(a) or (2)(c), and

s.2(3B)(b)

cases relating to the criminal conduct as a result of which that person is such a victim.

s.2(4)

The Secretary of State may by regulations make further provision about the victims’ code, including about matters that the code must include.

s.2(5)

But the Secretary of State may make regulations under subsection (4) only if satisfied that provision made in the code in compliance with the regulations would not result in—

s.2(5)(a)

a significant reduction in the quality or extent of the services provided in accordance with the victims’ code, or

s.2(5)(b)

a significant restriction in the description of persons to whom services are provided in accordance with the victims’ code.

s.2(6)

The victims’ code may restrict the application of its provisions to—

s.2(6)(a)

victims of specified descriptions (including those who are victims by virtue of specified conduct or conduct constituting specified offences);

s.2(6)(b)

specified persons who have functions of a kind mentioned in subsection (1).

s.2(7)

The victims’ code may include provision requiring or permitting the services which are to be provided to a victim to be provided to one or more other persons—

s.2(7)(a)

instead of the victim (for example, where the victim has died);

s.2(7)(b)

as well as the victim.

s.2(8)

The victims’ code may make different provision for different purposes, including different provision for—

s.2(8)(a)

victims of different descriptions;

s.2(8)(b)

persons who have different functions of a kind mentioned in subsection (1).

s.2(9)

The victims’ code may make different provision for different areas.

s.2(10)

In considering whether to exercise the power in subsection (8)(a), the Secretary of State must have regard to the particular needs of victims who are under the age of 18 or who have protected characteristics within the meaning of the Equality Act 2010.

s.2(11)

The victims’ code may not require anything to be done by—

s.2(11)(a)

a person acting in a judicial capacity, or on the instructions of or on behalf of such a person;

s.2(11)(b)

a person acting in the discharge of a prosecution function, if that function involves the exercise of a discretion.

s.2(12)

In this section, “specified” means specified in the victims’ code.

s.2(13)

Until the first code of practice issued under this section is in operation, references in subsection (3A) and sections 5 to 12 and 32 to the “victims’ code” are to the code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004 that is for the time being in operation.

s.3

Preparing and issuing the victims’ code

s.3(1)

This section applies in relation to the code of practice required to be issued under section 2.

s.3(2)

The Secretary of State must prepare a draft of the code.

s.3(3)

In preparing the draft the Secretary of State must consult—

s.3(3)(a)

the Attorney General,

s.3(3)(b)

the Commissioner for Victims and Witnesses, and

s.3(3)(c)

the Welsh Ministers.

s.3(4)

After preparing the draft the Secretary of State must—

s.3(4)(a)

publish the draft, and

s.3(4)(b)

specify a period during which representations about the draft may be made to the Secretary of State.

s.3(5)

The Secretary of State must—

s.3(5)(a)

consider, in consultation with the Attorney General, any representations about the draft made to the Secretary of State before the end of the period specified in accordance with subsection (4)(b), and

s.3(5)(b)

if the Secretary of State thinks it appropriate, modify the draft in the light of any such representations.

s.3(6)

After carrying out the duties under subsection (5), the Secretary of State must lay the draft code before Parliament.

s.3(7)

When the draft code has been laid before Parliament in accordance with subsection (6), the Secretary of State must bring it into operation on such day as the Secretary of State appoints by regulations.

s.3(8)

A requirement under any of subsections (2) to (5) may be met by steps taken before (as well as after) this section comes into force.

s.4

Revising the victims’ code

s.4(1)

The Secretary of State may from time to time revise the victims’ code.

s.4(2)

But the Secretary of State may revise the victims’ code only if satisfied that the proposed revisions would not result in—

s.4(2)(a)

a significant reduction in the quality or extent of the services provided in accordance with the code, or

s.4(2)(b)

a significant restriction in the description of persons to whom services are provided in accordance with the code.

s.4(3)

The procedure in section 3 applies to a revision of the victims’ code, except that if the Secretary of State considers that all of the revisions are minor the procedure in subsection (5) may be used instead.

s.4(4)

Revisions are minor if—

s.4(4)(a)

they make corrections or clarifications, or

s.4(4)(b)

they are consequential on changes to the law, practice or procedure relating to any aspect of the criminal justice system.

s.4(5)

The procedure in this subsection is that the Secretary of State must—

s.4(5)(a)

consult the Attorney General, the Commissioner for Victims and Witnesses and the Welsh Ministers about the proposed revisions,

s.4(5)(b)

lay a draft of the revised code before Parliament, and

s.4(5)(c)

when the draft revised code has been laid before Parliament, bring it into operation on such day as the Secretary of State appoints by regulations.

s.5

Code compliance

s.5(1)

Where the victims’ code makes provision about a service to be provided to victims by a person, the person must provide the service in accordance with the code unless the person has good reasons not to.

s.5(2)

Any person who is subject to the duty in subsection (1) and is not an individual must ensure that procedures are in place by which other persons may complain about an alleged failure to comply with the duty.

s.5(3)

If a person fails to act in accordance with the victims’ code, the failure does not of itself make that person liable to criminal or civil proceedings.

s.5(4)

But the victims’ code is admissible in evidence in criminal or civil proceedings, and a court may take into account a failure to act in accordance with the code in determining a question in the proceedings.

s.6

Code awareness and reviewing compliance: criminal justice bodies

s.6(1)

Each criminal justice body which provides services in a police area must—

s.6(1)(a)

take reasonable steps to promote awareness of the victims’ code among users of those services and other members of the public, and

s.6(1)(b)

keep under review whether and how those services are provided in accordance with the duty in section 5(1).

s.6(2)

A criminal justice body which provides services in a police area must, in particular, undertake the following activities in such manner as may be prescribed—

s.6(2)(a)

collect prescribed information about the provision of those services;

s.6(2)(b)

share prescribed information about the provision of those services with—

s.6(2)(b)(i)

each other criminal justice body which provides services in the police area, or such of those bodies as may be prescribed, and

s.6(2)(b)(ii)

the elected local policing body for the police area;

s.6(2)(c)

review information shared under paragraph (b) with the bodies with whom the information is shared.

s.6(3)

In subsection (2), “prescribed” means prescribed in regulations made by the Secretary of State.

s.6(4)

Regulations under subsection (2) may, in particular—

s.6(4)(a)

prescribe different information to be collected or shared by different bodies;

s.6(4)(b)

prescribe different information in relation to different services;

s.6(4)(c)

prescribe information relating to the characteristics or experiences of users of services;

s.6(4)(d)

prescribe the times at which, or periods within which, information must be collected, shared or reviewed;

s.6(4)(e)

prescribe the form in which information must be collected or shared, or require information to be collected or shared in such form as may be specified in a notice issued from time to time by the Secretary of State.

s.6(5)

Before making regulations under this section, the Secretary of State must consult the Commissioner for Victims and Witnesses and such other persons as the Secretary of State considers appropriate (and it is immaterial for these purposes whether the consultation is carried out before or after this section comes into force).

s.6(6)

In this section, “criminal justice body” means—

s.6(6)(a)

the chief officer of police for the police area in question;

s.6(6)(b)

the Crown Prosecution Service;

s.6(6)(c)

the Lord Chancellor, in the exercise of functions under section 1 of the Courts Act 2003 or section 39 of the Tribunals, Courts and Enforcement Act 2007;

s.6(6)(d)

the Secretary of State, in the exercise of functions in relation to prisons;

s.6(6)(e)

a youth offending team established under section 39 of the Crime and Disorder Act 1998;

s.6(6)(f)

the Secretary of State, in the exercise of functions in relation to probation provision within the meaning of Part 1 of the Offender Management Act 2007 (see section 2(1) of that Act).

s.6(7)

In subsection (6)(d), “prison” includes any youth detention accommodation within the meaning given by section 248(1) of the Sentencing Code (detention and training orders).

s.7

Arrangements for collection of victims’ feedback

s.7(1)

This section applies where the Secretary of State has made arrangements with a person for the collection by the person of information which—

s.7(1)(a)

relates to the characteristics or experiences of users of services provided by a relevant criminal justice body in a police area, and

s.7(1)(b)

is collected for the purposes of assessing whether and how those services are provided in accordance with the duty in section 5(1).

s.7(2)

The Secretary of State and the Attorney General may by a joint direction require the body to provide specified information to the person for the purposes of enabling or assisting the performance of the arrangements.

s.7(3)

A relevant criminal justice body which is directed to provide information under this section must provide it—

s.7(3)(a)

in such form and manner as may be specified, and

s.7(3)(b)

at such times or within such periods as may be specified.

s.7(4)

In this section—

s.8

Reviewing code compliance: elected local policing bodies

s.8(1)

The elected local policing body for a police area must keep under review whether and how criminal justice bodies which provide services in the police area provide those services in accordance with the duty in section 5(1).

s.8(2)

The elected local policing body for a police area must, in particular, undertake the following activities in such manner as may be prescribed—

s.8(2)(a)

provide the Secretary of State with information shared with it under section 6(2)(b), or such of that information as may be prescribed;

s.8(2)(b)

participate in any review under section 6(2)(c);

s.8(2)(c)

provide the Secretary of State with such reports, on such matters in connection with a review under section 6(2)(c), as may be prescribed.

s.8(3)

In subsection (2), “prescribed” means prescribed in regulations made by the Secretary of State.

s.8(4)

Regulations under subsection (2) may, in particular—

s.8(4)(a)

prescribe the times at which, or periods within which, information or a report must be provided;

s.8(4)(b)

prescribe the form in which information or a report must be provided, or require information or a report to be provided in such form as may be specified in a notice issued from time to time by the Secretary of State.

s.8(5)

Before making regulations under this section, the Secretary of State must consult the Commissioner for Victims and Witnesses and such other persons as the Secretary of State considers appropriate (and it is immaterial for these purposes whether the consultation is carried out before or after this section comes into force).

s.8(6)

In this section, “criminal justice body” has the meaning given by section 6(6).

s.9

Code awareness and reviewing compliance: British Transport Police

s.9(1)

In this section—

s.9(2)

The Chief Constable must take reasonable steps to promote awareness of the victims’ code among users of relevant services and other members of the public.

s.9(3)

The Chief Constable and the Authority must keep under review whether and how relevant services are provided in accordance with the duty in section 5(1).

s.9(4)

The Chief Constable must, in particular, undertake the following activities in such manner as may be prescribed—

s.9(4)(a)

collect prescribed information about the provision of relevant services;

s.9(4)(b)

share with the Authority prescribed information about the provision of relevant services;

s.9(4)(c)

review with the Authority information shared under paragraph (b).

s.9(5)

The Authority must, in particular, undertake the following activities in such manner as may be prescribed—

s.9(5)(a)

provide the Secretary of State with the information shared with it under subsection (4)(b), or such of that information as may be prescribed;

s.9(5)(b)

participate in any review under subsection (4)(c);

s.9(5)(c)

provide the Secretary of State with such reports, on such matters in connection with a review under subsection (4)(c), as may be prescribed.

s.9(6)

In this section, “prescribed” means prescribed in regulations made by the Secretary of State.

s.9(7)

Regulations under this section may, in particular—

s.9(7)(a)

prescribe different information in relation to different services;

s.9(7)(b)

prescribe information relating to the characteristics or experiences of users of services;

s.9(7)(c)

prescribe the times at which, or periods within which, information must be collected, shared or reviewed, or information or a report must be provided to the Secretary of State;

s.9(7)(d)

prescribe the form in which information must be collected or shared, or information or a report must be provided to the Secretary of State, or require those things to be done in such form as may be specified in a notice issued from time to time by the Secretary of State.

s.9(8)

Before making regulations under this section, the Secretary of State must consult the Commissioner for Victims and Witnesses and such other persons as the Secretary of State considers appropriate (and it is immaterial for these purposes whether the consultation is carried out before or after this section comes into force).

s.10

Code awareness and reviewing compliance: Ministry of Defence Police

s.10(1)

In this section—

s.10(2)

The Chief Constable must take reasonable steps to promote awareness of the victims’ code among users of relevant services and other members of the public.

s.10(3)

The Chief Constable and the Secretary of State must keep under review whether and how relevant services are provided in accordance with the duty in section 5(1).

s.10(4)

The Chief Constable must, in particular, undertake the following activities in such manner as may be prescribed—

s.10(4)(a)

collect prescribed information about the provision of relevant services;

s.10(4)(b)

share with the Secretary of State prescribed information about the provision of relevant services;

s.10(4)(c)

review with the Secretary of State information shared under paragraph (b).

s.10(5)

The Secretary of State must, in particular—

s.10(5)(a)

participate in any review under subsection (4)(c);

s.10(5)(b)

prepare such reports, on such matters in connection with a review under subsection (4)(c), as may be prescribed.

s.10(6)

In this section, “prescribed” means prescribed in regulations made by the Secretary of State.

s.10(7)

Regulations under this section may, in particular—

s.10(7)(a)

prescribe different information in relation to different services;

s.10(7)(b)

prescribe information relating to the characteristics or experiences of users of services;

s.10(7)(c)

prescribe the times at which, or periods within which, information must be collected, shared or reviewed;

s.10(7)(d)

prescribe the form in which information must be collected or shared, or require information to be collected or shared in such form as may be specified in a notice issued from time to time by the Secretary of State.

s.10(8)

Before making regulations under this section, the Secretary of State must consult the Commissioner for Victims and Witnesses and such other persons as the Secretary of State considers appropriate (and it is immaterial for these purposes whether the consultation is carried out before or after this section comes into force).

s.11

Reviewing code compliance: Secretary of State and Attorney General

s.11(1)

The Secretary of State and the Attorney General, acting jointly, must—

s.11(1)(a)

keep under review the code compliance of the persons mentioned in subsection (6), and

s.11(1)(b)

annually, prepare and publish a report about the code compliance of those persons in the period to which the report relates.

s.11(2)

If the Secretary of State and the Attorney General agree that the code compliance of a person mentioned in subsection (6) is unsatisfactory they may—

s.11(2)(a)

if the person is the chief officer of police for a police area, give the elected local policing body for the area a notice setting out their reasons for being of that view;

s.11(2)(b)

in any other case, give the person a notice setting out their reasons for being of that view.

s.11(3)

If the Secretary of State and the Attorney General give a notice under subsection (2) they must—

s.11(3)(a)

if the notice is given under paragraph (a) of that subsection, send a copy of the notice to the chief officer of police to whom the notice relates, and

s.11(3)(b)

in any case, publish the notice in such form and manner as they consider appropriate.

s.11(4)

The Secretary of State and the Attorney General must consult the Commissioner for Victims and Witnesses before—

s.11(4)(a)

publishing a report under subsection (1)(b);

s.11(4)(b)

giving a notice under subsection (2).

s.11(5)

The Secretary of State must publish such compliance information as the Secretary of State considers will enable members of the public to assess the code compliance of the persons mentioned in subsection (6) in the period to which the information relates.

s.11(6)

The persons are—

s.11(6)(a)

each criminal justice body which provides services in a police area;

s.11(6)(b)

the Chief Constable of the British Transport Police Force;

s.11(6)(c)

the Chief Constable of the Ministry of Defence Police.

s.11(7)

For the purposes of this section—

s.11(7)(a)

“compliance information” means information provided to the Secretary of State under section 8(2)(a), 9(5)(a) or 10(4)(b), or information collected under arrangements mentioned in section 7;

s.11(7)(b)

the “code compliance” of a person is whether and how the services provided by the person in the relevant area are provided in accordance with the duty in section 5(1).

s.11(8)

In subsection (7)(b), “relevant area” means—

s.11(8)(a)

in relation to a criminal justice body which provides services in a police area, that area;

s.11(8)(b)

in relation to the Chief Constable of the British Transport Police Force or the Chief Constable of the Ministry of Defence Police, England and Wales.

s.11(9)

The first report under paragraph (b) of subsection (1) may relate to any 12 month period that includes the day on which that paragraph comes into force.

s.11(10)

Subsequent reports must relate to the 12 month period immediately following the 12 month period to which the previous report relates.

s.11(11)

The Secretary of State must lay each report before Parliament.

s.11(12)

Information or a report published under this section—

s.11(12)(a)

must be published as soon as is reasonably practicable after the end of the period to which it relates;

s.11(12)(b)

may be published in such form and manner as the Secretary of State considers appropriate.

s.11(13)

Where information published by the Secretary of State under subsection (5) relates to a particular police area, the elected local policing body for the area must take reasonable steps to make members of the public in the area aware of how to access the information.

s.11(14)

In this section, “criminal justice body” has the meaning given by section 6(6).

s.12

Guidance on code awareness and reviewing compliance

s.12(1)

The Secretary of State must issue guidance about the discharge of duties under sections 6 to 11 (and any person subject to such a duty must have regard to the guidance when discharging the duty).

s.12(2)

The guidance may, in particular, include provision—

s.12(2)(a)

about ways of promoting awareness of the victims’ code (including different provision in relation to users of services provided by a person and other members of the public);

s.12(2)(b)

about the way in which information is collected (and in particular, how information in relation to individuals who are under the age of 18 or who have protected characteristics within the meaning of the Equality Act 2010 is collected);

s.12(2)(c)

about the way in which information is shared and reviewed (including, where meetings are held to review information, about the conduct of such meetings);

s.12(2)(d)

about the steps that an elected local policing body for a police area must take, where section 11(13) applies, to make members of the public aware of how to access compliance information published by the Secretary of State which relates to the police area.

s.12(3)

Before issuing guidance under this section, the Secretary of State must consult the Commissioner for Victims and Witnesses and such other persons as the Secretary of State considers appropriate (and it is immaterial for these purposes whether the consultation is carried out before or after this section comes in force).

Pt.1(crossheading)(collaboration)(in)(exercise)(of)(victim)(support)(functions)

Collaboration in exercise of victim support functions

s.13

Duty to collaborate in exercise of victim support functions

s.13(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.

s.13(2)

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

s.13(2)(a)

the provision of such services, or

s.13(2)(b)

the commissioning of such services provided by another person.

s.13(3)

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

s.13(3)(a)

the local policing body for the police area,

s.13(3)(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

s.13(3)(c)

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

s.13(4)

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

s.13(4)(a)

a county council,

s.13(4)(b)

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

s.13(4)(c)

the Greater London Authority, or

s.13(4)(d)

the Council of the Isles of Scilly.

s.13(5)

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

s.13(5)(a)

domestic abuse,

s.13(5)(b)

conduct of a sexual nature, or

s.13(5)(c)

serious violence.

s.13(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).

s.13(7)

For the purposes of subsection (5)(c), “violence” includes— but does not include terrorism within the meaning of the Terrorism Act 2000 (see section 1 of that Act).

s.13(7)(a)

violence against property, and

s.13(7)(b)

threats of violence,

s.13(8)

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

s.13(8)(a)

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

s.13(8)(b)

the impact of the conduct on any victim.

s.13(9)

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

s.14

Strategy for collaboration in exercise of victim support functions

s.14(1)

For the purposes of section 13, the relevant authorities for a police area in England must together—

s.14(1)(a)

prepare a strategy for the exercise in the area of their functions in relation to relevant victim support services,

s.14(1)(b)

set out in the strategy how they consider they are fulfilling, or intend to fulfil, the duty under section 13, and

s.14(1)(c)

implement the strategy.

s.14(2)

In preparing the strategy, the relevant authorities must—

s.14(2)(a)

make reasonable efforts to obtain the views of victims in the police area,

s.14(2)(b)

consult persons appearing to the relevant authorities to represent persons providing relevant victim support services in the police area, and

s.14(2)(c)

consult such other persons as the relevant authorities consider appropriate.

s.14(3)

In preparing the strategy, the relevant authorities must—

s.14(3)(a)

assess the needs of victims in the police area for relevant victim support services,

s.14(3)(b)

assess whether and how those needs are being met by the services which are available (whether or not provided by the relevant authorities), and

s.14(3)(c)

have regard to those assessments.

s.14(4)

When making an assessment under subsection (3), the relevant authorities must have regard to the particular needs of victims who are under the age of 18 or who have protected characteristics within the meaning of the Equality Act 2010.

s.14(5)

Once the strategy has been prepared the relevant authorities must—

s.14(5)(a)

publish the strategy,

s.14(5)(b)

keep the strategy under review, and

s.14(5)(c)

from time to time prepare a revised strategy.

s.14(6)

Subsections (1) to(5) apply to a revised strategy as they apply to the original strategy.

s.14(7)

In this section, “relevant authority” and “relevant victim support service” have the meanings given by section 13.

s.15

Guidance on collaboration in exercise of victim support functions

s.15(1)

The Secretary of State must issue guidance to assist relevant authorities for police areas in England in the discharge of the duties under sections 13 and 14 (and such authorities must have regard to the guidance when discharging those duties).

s.15(2)

Before issuing guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate (and it is immaterial for these purposes whether the consultation is carried out before or after this section comes in force).

s.15(3)

In this section, “relevant authority” has the meaning given by section 13(3).

Pt.1(crossheading)(guidance)(about)(specified)(victim)(support)(roles)

Guidance about specified victim support roles

s.16

Guidance about specified victim support roles

s.16(1)

The Secretary of State must issue guidance about specified victim support roles performed—

s.16(1)(a)

in England, and

s.16(1)(b)

subject to subsection (2), in Wales.

s.16(2)

Guidance under this section must not relate to a matter provision about which would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006).

s.16(3)

In this section—

s.16(4)

A victim support role may be specified by reference to (among other matters)—

s.16(4)(a)

the circumstances in which the role is performed;

s.16(4)(b)

the type of support provided in connection with the role;

s.16(4)(c)

the type of criminal conduct in relation to which such support is provided.

s.16(5)

Guidance under this section about a victim support role must include provision about—

s.16(5)(a)

the support provided in connection with the role;

s.16(5)(b)

training and qualifications for individuals who perform the role;

s.16(5)(c)

how individuals who perform the role, and other persons who have functions relating to victims or any aspect of the criminal justice system, work together.

s.16(6)

Guidance under this section must (where relevant) make provision in relation to victims who are under the age of 18 or who have protected characteristics within the meaning of the Equality Act 2010.

s.16(7)

Any person who has functions of a public nature relating to victims, or any aspect of the criminal justice system, must have regard to guidance under this section where—

s.16(7)(a)

the person is exercising such a function, and

s.16(7)(b)

the guidance is relevant to the exercise of that function.

s.16(8)

Subsection (7) does not apply to—

s.16(8)(a)

anything done by any person acting in a judicial capacity, or on the instructions of or on behalf of such a person;

s.16(8)(b)

a devolved Welsh authority, within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).

Pt.1(crossheading)(disclosures)(by)(victims)(that)(cannot)(be)(precluded)(by)(agreement)

Disclosures by victims that cannot be precluded by agreement

s.17

Disclosures by victims that cannot be precluded by agreement

s.17(1)

A provision in an agreement is void in so far as it purports to preclude the making of a disclosure falling within subsection (2).

s.17(2)

A disclosure falls within this subsection if it is a disclosure of information that is made by a victim or a person who reasonably believes they are a victim—

s.17(2)(a)

to any person who has law enforcement functions, for the purpose of those functions being exercised in relation to relevant conduct;

s.17(2)(b)

to a qualified lawyer, for the purpose of seeking legal advice about relevant conduct;

s.17(2)(c)

to any individual who is entitled to practise a regulated profession, for the purpose of obtaining professional support in relation to relevant conduct;

s.17(2)(d)

to any individual who provides a service to support victims, for the purpose of obtaining support from that service in relation to relevant conduct;

s.17(2)(e)

to a regulator of a regulated profession for the purpose of co-operating with the regulator in relation to relevant conduct;

s.17(2)(ea)

to the Criminal Injuries Compensation Authority, for the purpose of a claim for compensation in relation to relevant conduct under the Criminal Injuries Compensation Scheme or the Victims of Overseas Terrorism Compensation Scheme;

s.17(2)(eb)

to a court or tribunal, for the purpose of issuing or pursuing any proceedings in relation to a decision of the Criminal Injuries Compensation Authority made in connection with a claim mentioned in paragraph (ea);

s.17(2)(f)

to a person who is authorised to receive information on behalf of a person mentioned in paragraph (a), (b), (c), (d) , (e) or (ea), or on behalf of a court or tribunal mentioned in paragraph (eb), for the purpose mentioned in the paragraph in question;

s.17(2)(g)

to a child, parent or partner of the person making the disclosure, for the purpose of obtaining support in relation to relevant conduct.

s.17(3)

But a provision in an agreement is not void by virtue of subsection (1) so far as it purports to preclude a disclosure made for the primary purpose of releasing the information into the public domain.

s.17(4)

The Secretary of State may by regulations amend this section—

s.17(4)(a)

to add, remove or modify a description of disclosure in relation to which subsection (1) applies (“a permitted disclosure”);

s.17(4)(b)

to extend the application of subsection (1) to a provision in an agreement which purports to impose an obligation or liability in connection with a permitted disclosure.

s.17(5)

But regulations under subsection (4)(a) must not make any provision which would apply subsection (1) in relation to a disclosure—

s.17(5)(a)

made by a person other than a victim or a person who reasonably believes they are a victim, or

s.17(5)(b)

that does not relate to relevant conduct.

s.17(6)

In this section—

Pt.1(crossheading)(victims)(of)(domestic)(abuse)

Victims of domestic abuse

s.18

Restricting parental responsibility where one parent kills the other

s.18(1)

The Children Act 1989 is amended in accordance with subsections (2) to (7).

s.18(2)

In section 8 (child arrangements orders and other orders with respect to children), in the closing words of subsection (3), after “include” insert “proceedings in the Crown Court under section 10A or”.

s.18(3)

After section 10 insert—

s.18(4)

In section 9 (restrictions on making section 8 orders)—

s.18(4)(a)

in subsection (1), after “applies” insert “or a prohibited steps order made under section 10A”;

s.18(4)(b)

in subsection (6A), after “applies” insert “or a prohibited steps order made under section 10A”;

s.18(4)(c)

after subsection (7) insert—

s.18(5)

In section 33 (effect of care order), after subsection (3) insert—

s.18(6)

In section 91 (effect and duration of orders etc)—

s.18(6)(a)

in subsection (2), after “section 8 order” insert “(other than a prohibited steps order made under section 10A)”;

s.18(6)(b)

after subsection (5A) insert—

s.18(7)

In section 104 (regulations and orders)—

s.18(7)(a)

in each of subsections (2) and (3A), after “subsection” insert “(3AZA),”;

s.18(7)(b)

after subsection (3A) insert—

s.18(8)

In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), after subsection (2) insert—

s.19

Domestic abuse related death reviews

s.19(1)

The Domestic Violence, Crime and Victims Act 2004 is amended in accordance with subsections (2) to (4).

s.19(2)

After section 8 insert—

s.19(3)

In section 9 (establishment and conduct of domestic homicide reviews)—

s.19(3)(a)

in each of subsections (2) and (3)—

s.19(3)(a)(i)

for “Secretary of State” substitute “Department of Justice in Northern Ireland”;

s.19(3)(a)(ii)

for “(4)” substitute “(4)(b)”;

s.19(3)(b)

omit subsections (3A), (3B), (3C), (4)(a), (5) and (6).

s.19(4)

In section 61 (orders), in subsection (3), for “9(6)” substitute “8A(8)”.

s.19(5)

In section 26 of the Police, Crime, Sentencing and Courts Act 2022 (relationship of offensive weapons homicide reviews with other review requirements), in subsection (1)(b)—

s.19(5)(a)

after “of a” insert “domestic abuse related death review or”;

s.19(5)(b)

for “section” substitute “sections 8A and”.

s.20

Child victims of domestic abuse

s.20(1)

The Domestic Abuse Act 2021 is amended as follows.

s.20(2)

After section 49 insert—

s.20(3)

In the italic heading before section 50, for “and orders” substitute “, orders and notification arrangements”.

s.20(4)

In section 56 (interpretation of Part 3), in subsection (4), after paragraph (b) insert—

s.20(5)

In section 87 (regulations), in subsection (6), after paragraph (a) insert—

Pt.1(crossheading)(victim)(impact)(statements)(to)(mental)(health)(tribunals)(restricted)(patients)

Victim impact statements to mental health tribunals (restricted patients)

s.21

Victim impact statements to mental health tribunals (restricted patients)

s.21(1)

Chapter 2 of Part 3 of the Domestic Violence, Crime and Victims Act 2004 (victims’ rights to make representations and receive information) is amended as follows.

s.21(2)

In section 37(8)(c)(i), for “that area” substitute “that local probation board”.

s.21(3)

After section 37 insert—

Pt.1(crossheading)(victims)(commissioner)

Victims’ Commissioner

s.22

Commissioner for Victims and Witnesses

s.22(1)

The Domestic Violence, Crime and Victims Act 2004 is amended as follows.

s.22(2)

In section 49 (functions of Commissioner for Victims and Witnesses)—

s.22(2)(a)

in subsection (1)(c), for “section 32” substitute “section 2 of the Victims and Prisoners Act 2024, including the extent to which the duty in section 5(1) of that Act (duty to provide services in accordance with the code) is being complied with”;

s.22(2)(b)

in subsection (2)(c), after “remit” insert “(whether or not made by way of inclusion in a report prepared under paragraph (b) or subsection (4))”;

s.22(2)(c)

after subsection (4) insert—

s.22(2)(d)

after subsection (5) insert—

s.22(3)

After section 49 insert—

s.22(4)

After section 51 insert—

s.22(5)

In Schedule 9 (authorities within Commissioner’s remit)—

s.22(5)(a)

for paragraphs 1VA to 8B substitute—

s.22(5)(b)

after paragraph 11 insert—

s.22(5)(c)

after paragraph 16 insert—

s.22(5)(d)

after paragraph 29 insert—

Pt.1(crossheading)(inspections)(by)(criminal)(justice)(inspectorates)

Inspections by criminal justice inspectorates

s.23

His Majesty’s Chief Inspector of Prisons

s.23(1)

Schedule A1 to the Prison Act 1952 (further provision about Chief Inspector) is amended as follows.

s.23(2)

In paragraph 2 (inspection programmes and frameworks), in sub-paragraph (2), omit the “and” at the end of paragraph (i) and insert—

s.23(3)

In paragraph 5 (joint action), after sub-paragraph (6) insert—

s.24

His Majesty’s Chief Inspector of Constabulary

s.24(1)

Schedule 4A to the Police Act 1996 (further provision about inspectors of constabulary) is amended as follows.

s.24(2)

In paragraph 2 (inspection programmes and frameworks), in sub-paragraph (2), omit the “and” at the end of paragraph (i) and insert—

s.24(3)

In paragraph 5 (joint action), after sub-paragraph (6) insert—

s.25

His Majesty’s Chief Inspector of the Crown Prosecution Service

s.25(1)

The Schedule to the Crown Prosecution Service Inspectorate Act 2000 (further provision about Chief Inspector) is amended as follows.

s.25(2)

In paragraph 2 (inspection programmes and frameworks), in sub-paragraph (2), omit the “and” at the end of paragraph (i) and insert—

s.25(3)

In paragraph 5 (joint action), after sub-paragraph (6) insert—

s.26

His Majesty’s Chief Inspector of Probation for England and Wales

s.26(1)

Schedule 1A to the Criminal Justice and Court Services Act 2000 (further provision about the inspectorate) is amended as follows.

s.26(2)

In paragraph 2 (inspection programmes and frameworks), in sub-paragraph (2), omit the “and” at the end of paragraph (i) and insert—

s.26(3)

In paragraph 5 (joint action), after sub-paragraph (6) insert—

Pt.1(crossheading)(parliamentary)(commissioner)(for)(administration)

Parliamentary Commissioner for Administration

s.27

Parliamentary Commissioner for Administration

s.27(1)

The Parliamentary Commissioner Act 1967 is amended as follows.

s.27(2)

Section 5 (matters subject to investigation) is amended in accordance with subsections (3) to (5).

s.27(3)

In subsection (1)—

s.27(3)(a)

for paragraph (a) substitute—

s.27(3)(b)

in paragraph (b), at the beginning insert “in a case falling within paragraph (a)(ii),”.

s.27(4)

In subsection (1A)—

s.27(4)(a)

for paragraph (a) substitute—

s.27(4)(b)

in paragraph (b), at the beginning insert “in a case falling within paragraph (a)(ii),”.

s.27(5)

After subsection (9A) insert—

s.27(6)

Section 6 (provisions relating to complaints) is amended in accordance with subsections (7) to (10).

s.27(7)

After subsection (1A) insert—

s.27(8)

In subsection (2), for the words from “for himself” to the end substitute “or, where subsection (1B) applies, to authorise another person to act, the complaint may be made by the person’s personal representative, or by a member of the person’s family, or by another individual suitable to represent the person.”

s.27(9)

After subsection (2) insert—

s.27(10)

In subsection (3), omit “to a member of the House of Commons”.

s.27(11)

Section 10 (Commissioner’s reports) is amended in accordance with subsections (12) to (14).

s.27(12)

In subsection (1)—

s.27(12)(a)

for “under this Act” substitute “pursuant to a complaint made to a member of the House of Commons under section 5(1)(a)(ii) or (1A)(a)(ii),”;

s.27(12)(b)

for “the House of Commons” substitute “that House”.

s.27(13)

After subsection (1) insert—

s.27(14)

In subsection (5)(d), after “subsection” insert “(1A),”.

Pt.1(crossheading)(information)(relating)(to)(victims)

Information relating to victims

s.28

Information relating to victims

In Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (prevention, investigation and prosecution of crime), after Chapter 3 insert—

s.29

Information relating to victims: service police etc

After section 44E of the Police, Crime, Sentencing and Courts Act 2022 (inserted by section 28 of this Act), insert—

s.30

Review of provisions relating to counselling information requests

s.30(1)

The Secretary of State must prepare a report about the operation in the review period of Chapter 3A of the Police, Crime, Sentencing and Courts Act 2022 (requests for information relating to victims) (inserted by section 28 of this Act) in relation to counselling information requests.

s.30(2)

The Secretary of State may discharge the duty in subsection (1) by arranging for another person to prepare a report about those matters.

s.30(3)

As soon as is reasonably practicable after the end of the review period, the Secretary of State must—

s.30(3)(a)

arrange for the report prepared under subsection (1) (or under arrangements under subsection (2)) to be published, and

s.30(3)(b)

lay the report before Parliament.

s.30(4)

In this section—

s.31

Right to erasure of personal data in the UK

s.31(1)

Article 17 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (right to erasure) is amended in accordance with subsections (2) and (3).

s.31(2)

In paragraph 1, after point (f) insert—

s.31(3)

After paragraph 3 insert—

s.31(4)

After section 13 of the Data Protection Act 2018 insert—

Pt.1(crossheading)(data)(protection)

Data protection

s.32

Data protection

s.32(1)

Nothing in this Part requires or authorises the processing of information if the processing would contravene the data protection legislation (but in determining whether it would do so, take into account any duty imposed or power conferred by this Part).

s.32(2)

For these purposes—

s.32(2)(a)

references to this Part include regulations made under this Part, the victims’ code and guidance issued under this Part;

s.32(2)(b)

“processing” and “the data protection legislation” have the same meanings as in the Data Protection Act 2018 (see section 3 of that Act).

Pt.1(crossheading)(consequential)(provision)

Consequential provision

s.33

Consequential provision

s.33(1)

Chapter 1 of Part 3 of the Domestic Violence, Crime and Victims Act 2004 (the victims’ code) is repealed (and the code of practice issued under section 32 of that Act ceases to be in operation).

s.33(2)

The following amendments are made in consequence of subsection (1).

s.33(3)

In the Parliamentary Commissioner Act 1967, in section 5(1B)(a), for “section 32 of the Domestic Violence, Crime and Victims Act 2004” substitute “section 2 of the Victims and Prisoners Act 2024”.

s.33(4)

In the Domestic Violence, Crime and Victims Act 2004, in section 54 (disclosure of information)—

s.33(4)(a)

in subsection (2)(a), for “section 32” substitute “section 2 of the Victims and Prisoners Act 2024”;

s.33(4)(b)

in subsection (3)(a), for “required to do anything under the code issued under section 32” substitute “who is subject to the duty in section 5(1) of the Victims and Prisoners Act 2024 (duty to provide services in accordance with victims’ code)”.

Pt.2

Victims of major incidents

Pt.2(crossheading)(meaning)(of)(major)(incident)(etc)

Meaning of “major incident” etc

s.34

Meaning of “major incident” etc

s.34(1)

This Part concerns advocates for victims of major incidents.

s.34(2)

In this Part, “major incident” means an incident that—

s.34(2)(a)

occurs in England or Wales after this section comes into force,

s.34(2)(b)

causes the death of, or serious harm to, a significant number of individuals, and

s.34(2)(c)

is declared in writing by the Secretary of State to be a major incident for the purposes of this Part.

s.34(3)

Before declaring an incident that occurs in Wales to be a major incident, the Secretary of State must consult the Welsh Ministers.

s.34(4)

For the purposes of this Part, “harm” includes physical, mental or emotional harm.

s.34(5)

In this Part, “victims”, in relation to a major incident, means—

s.34(5)(a)

individuals who have suffered harm as a direct result of the incident (whether or not that harm is serious harm), and

s.34(5)(b)

close family members or close friends of individuals who have died or suffered serious harm as a direct result of the incident.

s.34(6)

In this Part, “advocate” means—

s.34(6)(a)

the standing advocate appointed under section 35(1);

s.34(6)(b)

an individual appointed as an advocate in respect of a major incident under section 36(1).

s.34(7)

But a reference in this Part to an advocate appointed in respect of a major incident includes the standing advocate only if the standing advocate has been appointed in respect of that incident under section 36(1).

Pt.2(crossheading)(appointment)(of)(advocates)

Appointment of advocates

s.35

Appointment of standing advocate

s.35(1)

The Secretary of State must appoint an individual as the standing advocate for victims of major incidents (in this Part, “the standing advocate”).

s.35(2)

The functions of the standing advocate are—

s.35(2)(a)

to advise the Secretary of State as to the interests of victims of major incidents, and their treatment by public authorities in response to major incidents;

s.35(2)(b)

to advise other advocates as to the exercise of the functions of those advocates;

s.35(2)(c)

to make reports in accordance with section 41.

s.35(3)

The standing advocate may take such steps as the standing advocate considers are— the functions of the standing advocate or another advocate.

s.35(3)(a)

appropriate to facilitate the exercise of, or

s.35(3)(b)

incidental or conducive to,

s.35(4)

An individual may be appointed as the standing advocate only if the Secretary of State considers that the individual is qualified, taking into account—

s.35(4)(a)

the individual’s academic, professional or other qualifications, experience or skills;

s.35(4)(b)

any other matter the Secretary of State considers relevant.

s.35(5)

For the purposes of subsection (2)(a), “public authority” includes— but does not include the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.

s.35(5)(a)

a court, tribunal, coroner, or inquiry panel within the meaning of section 3 of the Inquiries Act 2005, and

s.35(5)(b)

any other person certain of whose functions are functions of a public nature,

s.36

Appointment of advocates in respect of major incidents

s.36(1)

The Secretary of State may appoint an individual to act as an advocate for victims of a major incident.

s.36(2)

Before appointing an advocate in respect of a major incident that occurs in Wales, the Secretary of State must consult the Welsh Ministers.

s.36(3)

An individual may be appointed as an advocate in respect of a major incident only if—

s.36(3)(a)

the individual is the standing advocate, or

s.36(3)(b)

the Secretary of State considers that the individual—

s.36(3)(b)(i)

is qualified, and

s.36(3)(b)(ii)

is appropriate to appoint in respect of the incident.

s.36(4)

An individual may be qualified by virtue of—

s.36(4)(a)

their academic, professional or other qualifications, experience or skills;

s.36(4)(b)

their relationship with a geographical or other community;

s.36(4)(c)

any other matter the Secretary of State considers relevant.

s.36(5)

In determining whether an individual is appropriate to appoint as an advocate in respect of a major incident, the Secretary of State may have regard to—

s.36(5)(a)

the geographical area in which the incident occurs;

s.36(5)(b)

any community affected by the incident;

s.36(5)(c)

the relevance of the individual’s qualifications, experience or skills to the incident and the matters in paragraphs (a) and (b);

s.36(5)(d)

any other matter the Secretary of State considers relevant.

s.37

Terms of appointment

s.37(1)

Subject to the following provisions of this section, an individual is to be appointed as an advocate on terms agreed between the individual and the Secretary of State.

s.37(2)

The appointment may be terminated—

s.37(2)(a)

by the Secretary of State on such grounds as the Secretary of State considers appropriate;

s.37(2)(b)

by the advocate giving notice of their resignation to the Secretary of State;

s.37(2)(c)

otherwise in accordance with the terms of the advocate’s appointment.

s.37(3)

The Secretary of State may pay to or in respect of an advocate—

s.37(3)(a)

such remuneration as the Secretary of State considers appropriate;

s.37(3)(b)

reasonable costs incurred by the advocate in connection with the exercise of their functions, including those incurred in connection with proceedings relating to the exercise (or purported exercise) of those functions;

s.37(3)(c)

such other sums by way of allowances or gratuities as the Secretary of State considers appropriate.

s.37(4)

The Secretary of State may make provision for an advocate to have secretarial or other support in connection with the exercise of their functions.

s.37(5)

An advocate is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

s.38

Appointment of more than one advocate in respect of same major incident

s.38(1)

This section applies where the Secretary of State appoints more than one advocate in respect of the same major incident.

s.38(2)

The Secretary of State must appoint one of the advocates as the lead advocate in respect of that incident.

s.38(3)

An advocate appointed in respect of the incident must have regard to any directions given by the lead advocate as to how they are to exercise their functions in respect of the incident.

Pt.2(crossheading)(functions)(and)(powers)(of)(advocates)(in)(respect)(of)(major)(incidents)

Functions and powers of advocates in respect of major incidents

s.39

Functions of advocates appointed in respect of major incidents

s.39(1)

This section applies where an advocate is appointed in respect of a major incident.

s.39(2)

Where more than one advocate is appointed in respect of the incident, references in this section to “the advocate” are to each advocate individually and any number of them (including all of them) acting jointly.

s.39(3)

Subject to the terms of their appointment, the advocate may provide such support to victims of the incident as the advocate considers appropriate in relation to—

s.39(3)(a)

the aftermath of the incident;

s.39(3)(b)

an investigation by a public authority into the incident;

s.39(3)(c)

an inquest under the Coroners and Justice Act 2009 into a death the incident may have caused or contributed to;

s.39(3)(d)

an inquiry into the incident under the Inquiries Act 2005.

s.39(4)

The support provided under subsection (3) may include, for example—

s.39(4)(a)

helping victims understand the actions of public authorities in relation to the incident, and how the views of victims may be taken into account;

s.39(4)(b)

informing victims about other sources of support and advice, and services, that may be available in connection with the incident;

s.39(4)(c)

communicating with public authorities on behalf of victims in relation to the incident;

s.39(4)(d)

assisting victims to access documents or other information in relation to an investigation, inquest or inquiry referred to in subsection (3) (to the extent that victims are, or a particular victim is, entitled to such access).

s.39(5)

The advocate may provide support to victims by providing support to such persons as the advocate considers represent one or more victims, including where those persons are not victims themselves.

s.39(6)

Where the advocate provides support to victims under the age of 18, the advocate may do so only by providing support to such persons as the advocate considers represent those victims.

s.39(7)

A person may not represent victims for the purposes of this Part if the person—

s.39(7)(a)

is an individual under the age of 18, or

s.39(7)(b)

would, in representing victims, carry on a legal activity.

s.39(8)

The advocate may not, in supporting victims—

s.39(8)(a)

carry on a legal activity;

s.39(8)(b)

provide financial support to any person;

s.39(8)(c)

provide health care to any person.

s.39(9)

Nothing in this Part confers a right on any person to require the advocate to provide support, or support of a particular type, to that person or any other person.

s.39(10)

In this section—

s.40

Role of advocates under Part 1 of the Coroners and Justice Act 2009

In section 47(2) of the Coroners and Justice Act 2009 (interested persons in relation to a deceased person or investigation or inquest into a death), after paragraph (ka) insert—

Pt.2(crossheading)(functions)(and)(powers)(of)(advocates)(general)

Functions and powers of advocates: general

s.41

Reports to the Secretary of State

s.41(1)

The standing advocate must, in respect of each calendar year, report to the Secretary of State as to—

s.41(1)(a)

the exercise of the standing advocate’s functions in that year;

s.41(1)(b)

such matters as the Secretary of State may require in writing;

s.41(1)(c)

such other matters as the standing advocate considers relevant to their functions or the functions of another advocate.

s.41(2)

A report under subsection (1) must be made by 1 July in the calendar year following the year in respect of which the report is made.

s.41(3)

If the Secretary of State gives notice under subsection (4) to an advocate, the advocate must report to the Secretary of State—

s.41(3)(a)

if specified in the notice, the advocate’s opinions as to the treatment of victims in the course of an investigation, inquest or inquiry referred to in section 39(3);

s.41(3)(b)

such other matters relating to the advocate’s exercise of their functions as the Secretary of State specifies in the notice.

s.41(4)

A notice under this subsection must specify—

s.41(4)(a)

that the Secretary of State requires a report under subsection (3);

s.41(4)(b)

the matters the Secretary of State requires the report to address.

s.41(5)

The notice may require the advocate to report within such reasonable period as may be specified in the notice (or such other period as may be agreed).

s.41(6)

A report made under subsection (3) may include any matters the advocate considers relevant to— whether or not the matters have been specified in a notice under subsection (4).

s.41(6)(a)

a major incident in respect of which they are appointed, or

s.41(6)(b)

in the case of the standing advocate, any major incident,

s.41(7)

An advocate may, at their discretion and at any time, report to the Secretary of State such matters as the advocate considers relevant to—

s.41(7)(a)

a major incident in respect of which they are appointed, or

s.41(7)(b)

in the case of the standing advocate, any major incident.

s.41(8)

If more than one advocate has been appointed in respect of the same major incident—

s.41(8)(a)

the Secretary of State may give notice under subsection (4) in relation to the incident only to the lead advocate;

s.41(8)(b)

only the lead advocate may make a report under subsection (7) in relation to the incident.

s.42

Publication of reports

s.42(1)

The Secretary of State must publish a copy of a report made under section 41 if—

s.42(1)(a)

it is made by the standing advocate under section 41(1) (annual reports),

s.42(1)(b)

it is made by an advocate under section 41(3) (reports required by the Secretary of State), or

s.42(1)(c)

it is made by an advocate under section 41(7) (reports at discretion of advocate), and the advocate making the report requests in writing that the report is published.

s.42(2)

The copy may be published in such manner as the Secretary of State thinks fit.

s.42(3)

But material may be omitted from the copy if the Secretary of State considers that the publication of that material would—

s.42(3)(a)

risk death or injury to any person,

s.42(3)(b)

risk damage to national security or international relations,

s.42(3)(c)

risk damage to the economic interests of the United Kingdom or of any part of the United Kingdom,

s.42(3)(d)

risk damage caused by disclosure of commercially sensitive information,

s.42(3)(e)

breach any conditions as to confidentiality subject to which the advocate making the report acquired the material,

s.42(3)(f)

contravene the data protection legislation (within the meaning given by section 3 of the Data Protection Act 2018), or

s.42(3)(g)

prejudice—

s.42(3)(g)(i)

the investigation or prosecution of an offence,

s.42(3)(g)(ii)

an inquiry under the Inquiries Act 2005,

s.42(3)(g)(iii)

an inquest under the Coroners and Justice Act 2009, or

s.42(3)(g)(iv)

any other investigation or inquiry by a person exercising functions of a public nature.

s.42(4)

The Secretary of State must lay a copy of a report as published under this section before Parliament.

s.43

Information sharing and data protection

s.43(1)

An advocate may, to the extent the advocate considers appropriate, share information received in the exercise of their functions with—

s.43(1)(a)

the standing advocate;

s.43(1)(b)

any other advocate appointed in respect of the same major incident;

s.43(1)(c)

the Secretary of State;

s.43(1)(d)

any other person exercising functions of a public nature;

s.43(1)(e)

a victim of a major incident in respect of which the advocate is appointed.

s.43(2)

A person exercising functions of a public nature may share such information as the person considers appropriate with an advocate for the purposes of the advocate exercising their functions.

s.43(3)

An advocate may use information received in the exercise of their functions only for the purpose of exercising their functions.

s.43(4)

The information referred to in this section may comprise or include personal data.

s.43(5)

This section does not limit the circumstances in which information may be disclosed apart from this Part.

s.43(6)

Except as provided by subsection (7), a disclosure of information under this Part does not breach—

s.43(6)(a)

any obligation of confidence owed by the person disclosing the information, or

s.43(6)(b)

any other restriction on the disclosure of information (however imposed).

s.43(7)

Nothing in this Part requires or authorises the processing of information if the processing would contravene the data protection legislation (but, in determining whether it would do so, the powers conferred by this Part are to be taken into account).

s.43(8)

In this section, “personal data”, “processing” and “the data protection legislation” have the meanings given by section 3 of the Data Protection Act 2018.

Pt.2(crossheading)(guidance)(for)(advocates)

Guidance for advocates

s.44

Guidance for advocates

s.44(1)

The Secretary of State may issue guidance as to the matters to which an advocate appointed in respect of a major incident must have regard in exercising their functions.

s.44(2)

Guidance under this section—

s.44(2)(a)

must not be directed at any specific advocate or relate to a specific major incident;

s.44(2)(b)

may be withdrawn or revised at any time.

s.44(3)

An advocate appointed in respect of a major incident must, to the extent relevant to the terms of their appointment and to the incident in respect of which they are appointed, have regard to the matters stated in guidance under this section.

Pt.2(crossheading)(consequential)(amendments)

Consequential amendments

s.45

Consequential amendments

s.45(1)

In paragraph 3 of Schedule 1 to the Public Records Act 1958 (establishments and organisations whose records are public records), in Part 2 of the Table, at the appropriate place insert—

s.45(2)

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert—

s.45(3)

In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying from membership of the House of Commons), in Part 3, at the appropriate place insert—

s.45(4)

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 6, at the appropriate place insert—

s.45(5)

In Schedule 19 to the Equality Act 2010 (public authorities), in Part 1, after “A government department other than the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.” insert—

Pt.2(crossheading)(reviews)

Reviews

s.46

Review of duty of candour in relation to major incidents

s.46(1)

The Secretary of State or the Minister for the Cabinet Office must, before 1 January 2025, carry out a review to determine the extent to which additional duties of transparency and candour should be imposed on public servants in relation to major incidents.

s.46(2)

The Secretary of State or the Minister for the Cabinet Office may discharge the duty in subsection (1) by arranging for another person to carry out the review.

s.46(3)

The Secretary of State or the Minister for the Cabinet Office must, as soon as reasonably practicable after the completion of the review—

s.46(3)(a)

prepare, or arrange for another person to prepare, a report about the review,

s.46(3)(b)

publish the report, and

s.46(3)(c)

lay the report before Parliament.

s.46(4)

In this section, “public servant” means—

s.46(4)(a)

a public authority within the meaning given by section 35(2)(a) (see section 35(5));

s.46(4)(b)

any person exercising the functions of a public authority (including as an employee of a public authority or as a person in the civil service of the State).

s.47

Review of operation of Part 2

s.47(1)

The Secretary of State must, as soon as reasonably practicable after the end of the review period—