Victims and Prisoners Act 2024

Prospective

2 The victims’ code E+W

(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—

(a) victims, or

(b) any aspect of the criminal justice system.

(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)).

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

(a) information to help them understand the criminal justice process;

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

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

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

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

(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—

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

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

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

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

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

(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—

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

(b) as well as the victim.

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

(a) victims of different descriptions;

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

(9) The victims’ code may make different provision for different areas.

(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.

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

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

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

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

(13) Until the first code of practice issued under this section is in operation, references in 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.

Commencement Information

I1 S. 2 not in force at Royal Assent, see s. 81(2)