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Victims and Prisoners Act 2024

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Changes over time for: Section 41

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41Reports to the Secretary of StateE+W

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

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

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

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

(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.

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

(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);

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

(4)A notice under this subsection must specify—

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

(b)the matters the Secretary of State requires the report to address.

(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).

(6)A report made under subsection (3) may include any matters the advocate considers relevant to—

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

(b)in the case of the standing advocate, any major incident,

whether or not the matters have been specified in a notice under subsection (4).

(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—

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

(b)in the case of the standing advocate, any major incident.

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

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

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

Commencement Information

I1S. 41 not in force at Royal Assent, see s. 81(2)

I2S. 41(3)-(5)(6)(a)(7)(a)(8) in force at 18.9.2024 by S.I. 2024/966, reg. 2(g)

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