Domestic Violence, Crime and Victims Act 2004

Disclosure of information E+W

54 Disclosure of information E+W

(1) A person may disclose information to a relevant authority for a purpose specified in subsection (2).

(2) The purposes are purposes connected with any of these—

(a) compliance with the code issued under section 32;

(b) compliance with sections 35 to 44;

(c) the carrying out of the functions of the Commissioner.

(3) These are relevant authorities—

(a) a person required to do anything under the code issued under section 32;

(b) a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

[F1 (ba) a provider of probation services,]

(c) the Commissioner;

(d) an authority within the Commissioner’s remit.

(4) The Secretary of State [F2 for Justice] may by order—

(a) amend subsection (2) by adding any purpose appearing to him to be connected with the assistance of victims of offences or anti-social behaviour, witnesses of offences or anti-social behaviour or other persons affected by offences or anti-social behaviour;

(b) amend subsection (3) by adding any authority appearing to him to exercise functions of a public nature.

(5) The reference in subsection (4)(a) to persons affected by offences does not include persons accused or convicted of offences.

(6) The Secretary of State [F2 for Justice] may exercise the power in subsection (4) only after consulting the Attorney General and the [F3 Secretary of State for the Home Department].

(7) Nothing in this section authorises the making of a disclosure which contravenes [F4 the data protection legislation].

(8) This section does not affect a power to disclose which exists apart from this section.

[F5 (9) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

Textual Amendments

F1 S. 54(3)(ba) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(13)

F2 Words in s. 54 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(2)

F3 Words in s. 54 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(3)

F4 Words in s. 54(7) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 103(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F5 S. 54(9) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 103(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Modifications etc. (not altering text)

C1 S. 54: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(a), 5(2)(a) (with art. 7)

Commencement Information

I1 S. 54 wholly in force at 1.2.2010; s. 54 not in force at Royal Assent see s. 60; s. 54(1)(2)(a)(b)(3)(a)(b)(4)-(8) in force at 18.10.2005 by S.I. 2005/2848, art. 2(c); s. 54 in force so far as not already in force at 1.2.2010 by S.I. 2010/129, art. 2(e)