Victims and Prisoners Act 2024

(44A) (1) A victim information request must be made in accordance with this Chapter. (2) In this Chapter, a “victim information request” means a request by an authorised person to another person to provide information which relates to a third person who the authorised person has reason to believe is or may be— (a) a victim, or (b) at risk of being a victim. (3) A victim information request may be made only if the authorised person— (a) has reason to believe that the person to whom the request is made holds the information sought, (b) has reason to believe that the information sought is relevant to a reasonable line of enquiry which is being pursued, or is to be pursued, by the authorised person or another authorised person, and (c) is satisfied that the request is necessary and proportionate to achieve the purpose of preventing, detecting, investigating or prosecuting crime. (4) A counselling information request may be made only if the authorised person has reason to believe that the information sought is likely to have substantial probative value to a reasonable line of enquiry which is being pursued, or is to be pursued, by the authorised person or another authorised person. (5) For the purposes of subsection (4), a “counselling information request” means a victim information request to a person who provides counselling services of a description specified in regulations made by the Secretary of State by statutory instrument. (6) The reference in subsection (3)(c) to crime is a reference to― (a) conduct which constitutes one or more criminal offences in England and Wales, or (b) conduct which, if it took place in England and Wales, would constitute one or more criminal offences. (7) Subsection (8) applies if the authorised person thinks that, in making the request, there is a risk of obtaining information other than information necessary to achieve a purpose within subsection (3)(c). (8) The authorised person must, to be satisfied that the request is proportionate, be satisfied that— (a) there are no other means of obtaining the information sought, or (b) there are such other means, but it is not reasonably practicable to use them. (9) In making a victim information request or deciding whether to make such a request (including giving notice under section 44B or deciding whether to give such notice) an authorised person must have regard to the code of practice for the time being in force under section 44D. (10) In this section “victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024. (11) This section is subject to sections 44B (notice requirements for victim information requests) and 44C (content of victim information requests). (12) A statutory instrument containing regulations under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament. (44B) (1) The authorised person must (subject to subsection (5)) give notice of a victim information request to the person to whom the information sought relates (“V”). (2) Notice under this section must be in writing— (a) specifying or describing the information sought by the victim information request, (b) specifying the reason why the information is sought, and (c) specifying how the information will be dealt with once it has been obtained. (3) Notice under this section must be given— (a) on or before the date on which the victim information request is made, or (b) if that is not reasonably practicable, as soon as is reasonably practicable after that date. (4) If V is a child or an adult without capacity, notice under this section is given to V by giving it to— (a) a parent or guardian of V or, if V is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation, or (b) if no person described in paragraph (a) is available, any adult who the authorised person considers appropriate. (5) The authorised person need not give notice under this section, or specify a particular matter when giving notice, if the authorised person considers that doing so― (a) is not reasonably practicable in the circumstances, (b) might interfere with the investigation or enquiry for which the information is sought or any other investigation or enquiry which is being pursued, or is to be pursued, by the authorised person or another authorised person, or (c) might risk causing serious harm to V or another person. (6) In this section― - “adult” means a person aged 18 or over; - “adult without capacity” means an adult who, within the meaning of the Mental Capacity Act 2005, lacks capacity in relation to a notice under this section; - “child” means a person aged under 18; - “harm” includes physical, mental or emotional harm and economic loss; - “relevant authority”— in relation to England, means a county council, a district council for an area for which there is no county council, a London borough council or the Common Council of the City of London in its capacity as a local authority; in relation to Wales, means a county council or a county borough council; - “voluntary organisation” means a body (other than a public authority) whose activities are not carried on for profit. (44C) (1) A victim information request must be in writing― (a) specifying or describing the information sought, (b) specifying the reason why the information is sought, and (c) specifying how the information will be dealt with once it has been obtained. (2) The authorised person need not specify the matters mentioned in subsection (1)(b) or (c) if the authorised person considers that doing so― (a) is not reasonably practicable in the circumstances, (b) might interfere with the investigation or enquiry for which the information is sought or any other investigation or enquiry which is being pursued, or is to be pursued, by the authorised person or another authorised person, or (c) might risk causing serious harm to the person to whom the information sought relates or another person. (44D) (1) The Secretary of State must prepare a code of practice for authorised persons about victim information requests and compliance with this Chapter. (2) The code must in particular— (a) provide that an authorised person must, when considering whether they are satisfied as required by paragraph (c) of section 44A(3) in relation to a counselling information request, start from the presumption that the request is not necessary and proportionate to achieve a purpose in that paragraph, and (b) set out the steps that must be taken by an authorised person when deciding whether that presumption is rebutted. (3) For the purposes of subsection (2), a “counselling information request” has the meaning given by section 44A(5). (4) The code may make different provision for different purposes or areas. (5) In preparing the code, the Secretary of State must consult― (a) the Information Commissioner, (b) the Commissioner for Victims and Witnesses, (c) the Domestic Abuse Commissioner, and (d) such other persons as the Secretary of State considers appropriate. (6) After preparing the code, the Secretary of State must lay it before Parliament and publish it. (7) The code is to be brought into force by regulations made by statutory instrument. (8) A statutory instrument containing regulations under subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament. (9) After the code has come into force the Secretary of State may from time to time revise it. (10) A failure on the part of an authorised person to act in accordance with the code does not of itself render the person liable to any criminal or civil proceedings. (11) But the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to act in accordance with it in determining a question in the proceedings. (12) References in subsections (2) to (11) to the code include a revised code, subject to subsection (13). (13) The duty to consult in subsection (5) does not apply in relation to the preparation of a revised code if the Secretary of State considers that the proposed revisions are insubstantial. (44E) (1) In this Chapter, each of the following is an “authorised person”— (a) a constable of a police force in England and Wales; (b) a member of staff appointed by the chief officer of police of a police force in England and Wales; (c) an employee of the Common Council of the City of London who is under the direction and control of a chief officer of police; (d) a constable of the British Transport Police Force; (e) an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003; (f) a constable of the Ministry of Defence police; (g) a National Crime Agency officer; (h) a person designated by the Director General of the Independent Office for Police Conduct under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002; (i) a person who has been engaged to provide services consisting of or including the obtaining of information for the purposes of the exercise of functions by a person mentioned in any of paragraphs (a) to (h). (2) The Secretary of State may by regulations made by statutory instrument amend subsection (1)— (a) so as to add a reference to a person; (b) so as to remove a reference to a person; (c) so as to modify a description of a person mentioned. (3) Regulations under subsection (2) may contain transitional, transitory or saving provision. (4) A statutory instrument containing regulations under subsection (2)(a) or (b) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (5) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Information relating to victims: service police etc

29

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

(44F) (1) This Chapter applies in relation to a person mentioned in subsection (2) as it applies in relation to an authorised person, with the modifications specified in subsections (3) and (4). (2) The persons are— (a) a member of the Royal Navy Police, the Royal Military Police or the Royal Air Force Police; (b) a person designated by the Service Police Complaints Commissioner under regulation 36(2) of the Service Police (Complaints etc) Regulations 2023 (S.I. 2023/624); (c) a person who has been engaged to provide services consisting of or including the obtaining of information for the purposes of the exercise of functions by a person mentioned in paragraph (a) or (b). (3) Section 44A applies as if for subsection (6) there were substituted— (6) The reference in subsection (3)(c) to crime is a reference to conduct which constitutes one or more— (a) service offences within the meaning of the Armed Forces Act 2006, or (b) SDA offences within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059). (4) Section 44B applies as if, in subsection (6)— (a) for the definition of “adult without capacity” there were substituted— - “adult without capacity”— in relation to England and Wales, means an adult who, within the meaning of the Mental Capacity Act 2005, lacks capacity in relation to a notice under this section; in relation to Scotland, means an adult (within the meaning of this section) who is incapable, within the meaning of the Adults with Incapacity (Scotland) Act 2000, in relation to a notice under this section; in relation to Northern Ireland, means an adult who, within the meaning of the Mental Capacity Act (Northern Ireland) 2016, lacks capacity in relation to a notice under this section; (b) for the definition of “relevant authority” there were substituted— - “relevant authority”— in relation to England, means a county council, a district council for an area for which there is no county council, a London borough council or the Common Council of the City of London in its capacity as a local authority; in relation to Wales, means a county council or a county borough council; in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994; in relation to Northern Ireland, means an authority within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)); (c) for the definition of “voluntary organisation” there were substituted— - “voluntary organisation”— in relation to England and Wales, has the same meaning as in the Children Act 1989; in relation to Scotland, has the same meaning as in Part 2 of the Children (Scotland) Act 1995; in relation to Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995.

Review of provisions relating to counselling information requests

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.

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

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

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

• (b) lay the report before Parliament.

• (4) In this section—

• “counselling information request” has the meaning given by section 44A(5) of the Police, Crime, Sentencing and Courts Act 2022;

• “review period” means the period of three years beginning with the day on which section 28 of this Act comes into force.

Right to erasure of personal data in the UK

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).

• (2) In paragraph 1, after point (f) insert—

(g) the personal data have been processed as a result of an allegation about the data subject— (i) which was made by a person who is a malicious person in relation to the data subject (whether they became such a person before or after the allegation was made), (ii) which has been investigated by the controller, and (iii) in relation to which the controller has decided that no further action is to be taken.

• (3) After paragraph 3 insert—

(4) For the purposes of paragraph (1)(g), a person who has made an allegation about a data subject is a “malicious person” in relation to the data subject if the person— (a) has been convicted of an offence specified in column 1 of the table in paragraph 5 in relation to which the data subject is a person specified in the corresponding entry in column 2 of that table, or (b) is subject to a stalking protection order under section 2 of the Stalking Protection Act 2019 or section 8 of the Protection from Stalking Act (Northern Ireland) 2022 (c. 17 (N.I.)) made to protect the data subject from a risk associated with stalking (see section 2(1)(c) of the 2019 Act and section 8(2)(c) of the 2022 Act). (5) The table is as follows—

	Offence	Data subject
1.	An offence under section 2 of the Protection from Harassment Act 1997 (offence of harassment: England and Wales)	A person mentioned in section 1(1)(a) or 1(1A)(a) of that Act
2.	An offence under section 2A, 4 or 4A of the Protection from Harassment Act 1997 (other harassment and stalking offences: England and Wales)	The person against whom the offence is committed
3.	An offence under section 8 of the Stalking Protection Act 2019 (offence of breaching stalking protection order etc)	A person who the stalking protection order was made to protect from a risk associated with stalking (see section 2(1)(c) of that Act)
4.	An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in entry 1, 2 or 3 of this table	A person specified in column 2 of the entry in which the corresponding offence is specified
5.	An offence under section 70 of the Army Act 1955 or Air Force Act 1955 as respects which the corresponding civil offence (within the meaning of that Act) is an offence specified in entry 1 or 2 of this table	A person specified in column 2 of the entry in which the corresponding civil offence is specified
6.	An offence under section 42 of the Naval Discipline Act 1957 as respects which the civil offence (within the meaning of that section) is an offence specified in entry 1 or 2 of this table	A person specified in column 2 of the entry in which the civil offence is specified
7.	An offence under section 39 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (stalking offences: Scotland)	The person against whom the offence is committed
8.	An offence under section 1 of the Protection from Stalking Act (Northern Ireland) 2022 (stalking offences: Northern Ireland)	The person against whom the offence is committed
9.	An offence under section 13 of the Protection from Stalking Act (Northern Ireland) 2022 (offence of breaching order: Northern Ireland)	A person who the stalking protection order was made to protect from a risk associated with stalking (see section 8(2)(c) of that Act)
10.	An offence under Article 4 or 6 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (harassment offences: Northern Ireland)	The person against whom the offence is committed

• (4) After section 13 of the Data Protection Act 2018 insert—

(13A) (1) The Secretary of State may by regulations amend the table in Article 17(5) of the UK GDPR. (2) Regulations under this section are subject to the affirmative resolution procedure.

Data protection

Data protection

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).

• (2) For these purposes—

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

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

Consequential provision

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

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).

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

• (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”.

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

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

• (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)”.

Part 2 — Victims of major incidents

Meaning of “major incident” etc

Appointment of standing advocate

34

• (1) This Part concerns advocates for victims of major incidents.

• (2) In this Part, “major incident” means an incident that—

• (a) occurs in England or Wales after this section comes into force,

• (b) causes the death of, or serious harm to, a significant number of individuals, and

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

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

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

• (5) In this Part, “victims”, in relation to a major incident, means—

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

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

• (6) In this Part, “advocate” means—

• (a) the standing advocate appointed under section 35(1);

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

• (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).

Appointment of advocates

Appointment of standing advocate

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”).

• (2) The functions of the standing advocate are—

• (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;

• (b) to advise other advocates as to the exercise of the functions of those advocates;

• (c) to make reports in accordance with section 41.

• (3) The standing advocate may take such steps as the standing advocate considers are—

• (a) appropriate to facilitate the exercise of, or

• (b) incidental or conducive to,

the functions of the standing advocate or another advocate.

• (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—

• (a) the individual’s academic, professional or other qualifications, experience or skills;

• (b) any other matter the Secretary of State considers relevant.

• (5) For the purposes of subsection (2)(a), “public authority” includes—

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

• (b) any other person certain of whose functions are functions of a public nature,

but does not include the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.

Appointment of advocates in respect of major incidents

36

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

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

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

• (a) the individual is the standing advocate, or

• (b) the Secretary of State considers that the individual—

• (i) is qualified, and

• (ii) is appropriate to appoint in respect of the incident.

• (4) An individual may be qualified by virtue of—

• (a) their academic, professional or other qualifications, experience or skills;

• (b) their relationship with a geographical or other community;

• (c) any other matter the Secretary of State considers relevant.

• (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—

• (a) the geographical area in which the incident occurs;

• (b) any community affected by the incident;

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

• (d) any other matter the Secretary of State considers relevant.

Terms of appointment

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.

• (2) The appointment may be terminated—

• (a) by the Secretary of State on such grounds as the Secretary of State considers appropriate;

• (b) by the advocate giving notice of their resignation to the Secretary of State;

• (c) otherwise in accordance with the terms of the advocate’s appointment.

• (3) The Secretary of State may pay to or in respect of an advocate—

• (a) such remuneration as the Secretary of State considers appropriate;

• (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;

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

• (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.

• (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.

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

38

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

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

• (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.

Functions and powers of advocates in respect of major incidents

Functions of advocates appointed in respect of major incidents

39

• (1) This section applies where an advocate is appointed in respect of a major incident.

• (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.

• (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—

• (a) the aftermath of the incident;

• (b) an investigation by a public authority into the incident;

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

• (d) an inquiry into the incident under the Inquiries Act 2005.

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

• (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;

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

• (c) communicating with public authorities on behalf of victims in relation to the incident;

• (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).

• (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.

• (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.

• (7) A person may not represent victims for the purposes of this Part if the person—

• (a) is an individual under the age of 18, or

• (b) would, in representing victims, carry on a legal activity.

• (8) The advocate may not, in supporting victims—

• (a) carry on a legal activity;

• (b) provide financial support to any person;

• (c) provide health care to any person.

• (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.

• (10) In this section—

• “health care” includes all forms of health care, whether relating to physical or mental health;

• “legal activity” has the meaning given by section 12(3) of the Legal Services Act 2007;

• “public authority” has the same meaning as in section 35(2)(a) (see section 35(5)).

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

40

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—

(kb) where an advocate has been appointed under section 36(1) of the Victims and Prisoners Act 2024 in respect of an incident which may have caused or contributed to the death of the deceased— (i) each advocate that has been appointed under that section in respect of that incident, and (ii) the standing advocate appointed under section 35(1) of that Act;

.

Functions and powers of advocates: general

Reports to the Secretary of State

41

• (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.

Publication of reports

42

• (1) The Secretary of State must publish a copy of a report made under section 41 if—

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

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

• (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.

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

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

• (a) risk death or injury to any person,

• (b) risk damage to national security or international relations,

• (c) risk damage to the economic interests of the United Kingdom or of any part of the United Kingdom,

• (d) risk damage caused by disclosure of commercially sensitive information,

• (e) breach any conditions as to confidentiality subject to which the advocate making the report acquired the material,

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

• (g) prejudice—

• (i) the investigation or prosecution of an offence,

• (ii) an inquiry under the Inquiries Act 2005,

• (iii) an inquest under the Coroners and Justice Act 2009, or

• (iv) any other investigation or inquiry by a person exercising functions of a public nature.

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

Information sharing and data protection

43

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

• (a) the standing advocate;

• (b) any other advocate appointed in respect of the same major incident;

• (c) the Secretary of State;

• (d) any other person exercising functions of a public nature;

• (e) a victim of a major incident in respect of which the advocate is appointed.

• (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.

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

• (4) The information referred to in this section may comprise or include personal data.

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

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

• (a) any obligation of confidence owed by the person disclosing the information, or

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

• (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).

• (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.

Guidance for advocates

Guidance for advocates

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.

• (2) Guidance under this section—

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

• (b) may be withdrawn or revised at any time.

• (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.

Consequential amendments

Consequential amendments

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—

• An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.

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

• An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.

• (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—

• An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.

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

• An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.

• (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—

• An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.

Reviews

Review of duty of candour in relation to major incidents

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.

• (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.

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

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

• (b) publish the report, and

• (c) lay the report before Parliament.

• (4) In this section, “public servant” means—

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

• (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).

Review of operation of Part 2

47

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

• (a) prepare and publish a report about the operation in the review period of this Part, and

• (b) lay the report before Parliament.

• (2) The “review period” is the period of 18 months beginning with the day on which the power in section 36(1) (appointment of advocate in respect of major incident) is first exercised.

Part 3 — Infected blood compensation

Infected Blood Compensation Authority

48

• (1) A body corporate called the Infected Blood Compensation Authority is established.

• (2) In this Part that body is referred to as “the IBCA”.

• (3) Schedule 1 contains further provision about the IBCA.

Infected blood compensation scheme

49

• (1) The Secretary of State or the Minister for the Cabinet Office must by regulations within three months of the passing of this Act establish a scheme (the “infected blood compensation scheme”) for making payments to eligible persons.

• (2) “Eligible persons” means such persons within subsection (3) as the regulations provide are to be eligible persons.

• (3) The persons within this subsection are persons who—

• (a) have been infected as a result of being treated with blood, blood products or tissue,

• (b) have been infected as a result of another person being treated with blood, blood products or tissue, or

• (c) have been affected by another person being infected as described in paragraph (a) or (b).

• (4) The regulations may define an eligible person by reference to matters including (but not limited to)—

• (a) the kind of infection;

• (b) the duration or effect of an infection;

• (c) when the treatment occurred;

• (d) where the treatment was given;

• (e) who gave the treatment;

• (f) whether a person was treated with blood, blood products or tissue;

• (g) in the case of a person within subsection (3)(b), how the person was infected and their connection with the person who was treated;

• (h) in the case of a person within subsection (3)(c), how the person has been affected and their connection with the person who has been infected.

• (5) The regulations must provide for payments under the scheme to be made by, and the scheme to be otherwise administered by, the IBCA.

Payments

50

• (1) The amount of a payment under the infected blood compensation scheme is to be determined in accordance with regulations under section 49.

• (2) The regulations may make provision for the amount payable to eligible persons—

• (a) to be a specified amount;

• (b) to be an amount within a specified range;

• (c) not to exceed a specified amount.

• (3) The regulations may make provision—

• (a) for payments to be made as a lump sum or periodically;

• (b) for payments to be held on trust;

• (c) for interest to be payable on payments;

• (d) for the amount of any periodic payment to be increased to take account of changes in the value of money.

• (4) The regulations may make provision for payments to be made subject to conditions.

• (5) The regulations may make provision for payments under the scheme to be repaid to the IBCA (in whole or in part) in specified circumstances.

• (6) In this section “specified” means specified in the regulations.

Applications and procedure

51

Regulations under section 49 may deal with the procedure for the making and deciding of applications for payments under the infected blood compensation scheme and, in particular, may—

• (a) impose time limits for making an application or taking other steps;

• (b) make provision about evidence.

Reviews and appeals

52

• (1) Regulations under section 49—

• (a) may make provision for the IBCA to review decisions taken under the infected blood compensation scheme;

• (b) must confer a right of appeal to the First-tier Tribunal against a decision taken under the scheme.

• (2) If the regulations make provision under subsection (1)(a), they may provide for the right of appeal to be exercisable only if the IBCA has reviewed the decision.

Information: infected blood compensation scheme

53

• (1) The IBCA may provide information to another person, and a person may provide information to the IBCA, for the purposes of any matter connected with the administration of the infected blood compensation scheme.

• (2) The IBCA may by notice in writing require a person to provide information to the IBCA for the purposes of any matter connected with the administration of the infected blood compensation scheme.

• (3) If a person fails to comply with a notice under subsection (2), the IBCA may apply to the appropriate court for an order requiring the person to comply with the notice.

• (4) The information referred to in this section may comprise or include personal data.

• (5) This section does not limit the circumstances in which information may be disclosed apart from this section.

• (6) Except as provided by subsection (7), a disclosure of information authorised by or required under this section does not breach—

• (a) any obligation of confidence owed by the person making the disclosure, or

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

• (7) This section does not authorise or require the processing of information if the processing would contravene the data protection legislation (but in determining whether it would do so, take into account the powers conferred and duties imposed by this section).

• (8) In this section—

• “the appropriate court” means— in England and Wales and Northern Ireland, the High Court; in Scotland, the Court of Session;

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

Duty to co-operate with the IBCA

54

• (1) Each relevant person must co-operate with the IBCA on any matter connected with the making of payments to persons in connection with those persons, or other persons, being treated with infected blood, infected blood products or infected tissue.

• (2) The relevant persons are—

• (a) the Secretary of State;

• (b) the Minister for the Cabinet Office;

• (c) a Special Health Authority established under section 28 of the National Health Service Act 2006;

• (d) the Welsh Ministers;

• (e) a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;

• (f) a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006;

• (g) the Scottish Ministers;

• (h) a person who has at any time been appointed by the Scottish Ministers under subsection (4)(d) of section 28 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) to manage a scheme made under that section;

• (i) the Department of Health in Northern Ireland;

• (j) the Regional Business Services Organisation established by section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.));

• (k) any other persons specified as relevant persons in regulations made by the Secretary of State or the Minister for the Cabinet Office for the purposes of this section.

• (3) Regulations under subsection (2)(k)—

• (a) may not specify a Welsh body as a relevant person unless the Welsh Ministers consent;

• (b) may not specify a Scottish body as a relevant person unless the Scottish Ministers consent;

• (c) may not specify a Northern Ireland body as a relevant person unless the Department of Health in Northern Ireland consents.

• (4) In subsection (3)—

• “Welsh body” means— a devolved Welsh authority as defined in section 157A of the Government of Wales Act 2006; a person providing services to a person within paragraph (a);

• “Scottish body” means— a person who is a part of the Scottish Administration; a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998); a person providing services to a person within paragraph (a) or (b);

• “Northern Ireland body” means— a Northern Ireland department; a public authority whose functions are exercisable only or mainly in or as regards Northern Ireland and relate only or mainly to transferred matters (within the meaning of the Northern Ireland Act 1998); a person providing services to a person within paragraph (a) or (b).

Provision of support and assistance

55

• (1) The Secretary of State or the Minister for the Cabinet Office may make such arrangements as they consider appropriate for the provision of support and assistance to applicants (or potential applicants) for compensation under the infected blood compensation scheme.

• (2) The arrangements may be for the provision of support and assistance by the IBCA or any other person.

Payments to personal representatives of qualifying infected persons

56

• (1) The Secretary of State or the Minister for the Cabinet Office must make arrangements for the personal representatives of a qualifying infected person (in their capacity as such) to receive a payment of £100,000.

• (2) A “qualifying infected person” is a deceased person—

• (a) who was registered as an infected person under an infected blood support scheme, or with a relevant organisation, before 17 April 2024, or

• (b) whose death was registered as the death of an infected person under an infected blood support scheme, or with a relevant organisation, before 17 April 2024,

and to or in respect of whom no payment has been made under the Infected Blood Interim Compensation Payment Scheme.

• (3) An “infected blood support scheme” means—

• (a) the England Infected Blood Support Scheme established under section 2 of, and paragraph 7C of Schedule 1 to, the National Health Service Act 2006,

• (b) the Wales Infected Blood Support Scheme established under sections 1 to 3 of the National Health Service (Wales) Act 2006,

• (c) the Scottish Infected Blood Support Scheme established partly under section 28 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), and

• (d) the Infected Blood Payment Scheme for Northern Ireland established under section 3 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.)).

• (4) A “relevant organisation” means—

• (a) the Caxton Foundation (charity number 1142529),

• (b) the Eileen Trust (charity number 1028027),

• (c) the Macfarlane Trust (charity number 298863),

• (d) the Macfarlane (Special Payments) Trust established on 29 January 1990,

• (e) the Macfarlane (Special Payments) (No. 2) Trust established on 3 May 1991,

• (f) MFET Limited (company number 07121661), and

• (g) the Skipton Fund Limited (company number 5084964).

• (5) A payment is made in respect of a deceased person under the Infected Blood Interim Compensation Payment Scheme if a payment under that scheme is made to the person’s personal representatives (in their capacity as such) or the person’s bereaved partner.

• (6) The Infected Blood Interim Compensation Payment Scheme means the scheme of that name administered by the persons who administer the infected blood support schemes (whether or not in conjunction with other persons).

• (7) The arrangements under subsection (1)—

• (a) must include provision about the procedure for making payments to the personal representatives of qualifying infected persons;

• (b) may include arrangements for one or more other persons (which may in particular include relevant persons) to administer the making of payments, in accordance with that procedure, on behalf of the Secretary of State or the Minister for the Cabinet Office.

• (8) The arrangements under subsection (1) may be made, in whole or in part, by exercising powers conferred on the Secretary of State or the Minister for the Cabinet Office apart from this section.

• (9) In this section—

• “personal representatives”, in relation to a deceased person, means the persons responsible for administering the deceased person’s estate;

• “relevant person” has the same meaning as in section 54.

• (10) The Secretary of State or the Minister for the Cabinet Office may by regulations repeal or amend subsections (1) to (9).

Information: payments to personal representatives

57

• (1) A person may provide information to—

• (a) the Secretary of State or the Minister for the Cabinet Office, or

• (b) a person administering the making of payments under section 56 by virtue of section 56(7)(b),

for the purposes of any matter connected with the making of payments to personal representatives under that section.

• (2) The information referred to in subsection (1) may comprise or include personal data.

• (3) Subsection (1) does not limit the circumstances in which information may be disclosed apart from that subsection.

• (4) Except as provided by subsection (5), a disclosure of information authorised by this section does not breach—

• (a) any obligation of confidence owed by the person making the disclosure, or

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

• (5) Subsection (1) does not authorise the processing of information if the processing would contravene the data protection legislation (but in determining whether it would do so, take into account the power conferred by that subsection).

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

Part 4 — Prisoners

Public protection decisions

Public protection decisions: life prisoners

58

• (1) Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (life sentences) is amended as follows.

• (2) After section 28 insert—

(28ZA) (1) This section applies for the purposes of any public protection decision made by a decision-maker about a life prisoner under a relevant provision of this Chapter. (2) A “public protection decision”, in relation to a prisoner, is a decision as to whether the decision-maker is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined. (3) The decision-maker must not be so satisfied unless the decision-maker considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm. (4) In making that assessment, the decision-maker must consider the risk that the prisoner would engage in conduct which would (or, if carried out in any particular part of the United Kingdom, would) constitute an offence specified in Schedule 18B to the Criminal Justice Act 2003. (5) When making a public protection decision about a prisoner, the following matters must be taken into account by the decision-maker— (a) the nature and seriousness of the offence in respect of which the relevant sentence was imposed; (b) the nature and seriousness of any other offence for which the prisoner has at any time been convicted; (c) the conduct of the prisoner while serving the relevant sentence (whether in prison or on licence); (d) the risk that the prisoner would commit a further offence (whether or not specified in Schedule 18B to the Criminal Justice Act 2003) if no longer confined; (e) the risk that, if released on licence, the prisoner would fail to comply with one or more licence conditions; (f) any evidence of the effectiveness in reducing the risk the prisoner poses to the public of any treatment, education or training the prisoner has received or participated in while serving the relevant sentence; (g) any submissions made by or on behalf of the prisoner or the Secretary of State (whether or not on a matter mentioned in paragraphs (a) to (f)). (6) When making a public protection decision about a prisoner, the decision-maker must in particular have regard to the protection of any victim of the prisoner. (7) For the purposes of subsection (6), a “victim” of a prisoner is a person who meets the definition of victim in section 1 of the Victims and Prisoners Act 2024 by reference to the conduct which constituted the offence for which the relevant sentence was imposed. (8) In subsections (5) and (7), “relevant sentence” means the sentence in respect of which the public protection decision is made. (9) This section does not limit the matters which the decision-maker must or may take into account when making a public protection decision. (10) The “relevant provisions” of this Chapter under which a public protection decision may be made, and the purposes for which the decision is made, are— (a) section 28(6)(b), for the purposes of section 28(5); (b) section 32(5A), for the purposes of section 32(5); (c) subsection (1) of section 32ZAC, for the purposes of that subsection. (11) The “decision-maker”, in relation to a public protection decision made under a relevant provision of this Chapter, is— (a) if the decision is made under section 28(6)(b) or 32(5A), the Parole Board; (b) if the decision is made under section 32ZAC(1), the High Court. (12) Subsection (2) has effect in relation to a decision made by the Parole Board under section 32(5A) (recall of life prisoners while on licence) as if for the words “be confined” there were substituted “remain in prison”.

• (3) In section 28A (murder or manslaughter: prisoner’s non-disclosure of information)—

• (a) in subsection (1), in the words before paragraph (a), after “life prisoner” insert “under section 28(6)(b), for the purposes of section 28(5),”;

• (b) in subsection (5), for the definition of “public protection decision” substitute—

• “public protection decision” has the meaning given by section 28ZA(2);

.

• (4) In section 28B (indecent images: prisoner’s non-disclosure of information)—

• (a) in subsection (1), in the words before paragraph (a), after “life prisoner” insert “under section 28(6)(b), for the purposes of section 28(5),”;

• (b) in subsection (7), for the definition of “public protection decision” substitute—

• “public protection decision”, in relation to a prisoner, has the meaning given by section 28ZA(2);

.

• (5) In section 32ZZA (imprisonment or detention for public protection: powers in relation to release of recalled prisoners) (inserted by section 66 of this Act), after subsection (3) insert—

(3A) The Secretary of State must not be satisfied as mentioned in subsection (3) unless the Secretary of State considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm (and section 28ZA(4) applies for the purposes of that assessment).

Public protection decisions: fixed-term prisoners

59

• (1) The Criminal Justice Act 2003 is amended as follows.

• (2) After section 237 insert—

(237A) (1) This section applies for the purposes of any public protection decision made by a decision-maker about a prisoner under a relevant provision of this Chapter. (2) A “public protection decision”, in relation to a prisoner, is a decision as to whether the decision-maker is satisfied that it is not necessary, or no longer necessary, for the protection of the public that the prisoner should be confined. (3) The decision-maker must not be so satisfied unless the decision-maker considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm. (4) In making that assessment, the decision-maker must consider the risk that the prisoner would engage in conduct which would (or, if carried out in any particular part of the United Kingdom, would) constitute an offence specified in Schedule 18B. (5) When making a public protection decision about a prisoner, the following matters must be taken into account by the decision-maker— (a) the nature and seriousness of the offence in respect of which the relevant sentence was imposed; (b) the nature and seriousness of any other offence for which the prisoner has at any time been convicted; (c) the conduct of the prisoner while serving the relevant sentence (whether in prison or on licence); (d) the risk that the prisoner would commit a further offence (whether or not specified in Schedule 18B) if no longer confined; (e) the risk that, if released on licence, the prisoner would fail to comply with one or more licence conditions; (f) any evidence of the effectiveness in reducing the risk the prisoner poses to the public of any treatment, education or training the prisoner has received or participated in while serving the relevant sentence; (g) any submissions made by or on behalf of the prisoner or the Secretary of State (whether or not on a matter mentioned in paragraphs (a) to (f)). (6) When making a public protection decision about a prisoner, the decision-maker must in particular have regard to the protection of any victim of the prisoner. (7) For the purposes of subsection (6), a “victim” of a prisoner is a person who meets the definition of victim in section 1 of the Victims and Prisoners Act 2024 by reference to the conduct which constituted the offence for which the relevant sentence was imposed. (8) In subsections (5) and (7), “relevant sentence” means the sentence in respect of which the public protection decision is made. (9) This section does not limit the matters which the decision-maker must or may take into account when making a public protection decision. (10) Section 237B lists the “relevant provisions” of this Chapter under which a public protection decision may be made, and the purposes for which the decision is made. (11) The “decision-maker”, in relation to a public protection decision made under a relevant provision of this Chapter, is— (a) if the decision is made under section 256AZBC(1), the High Court; (b) in any other case, the Board. (12) Subsection (2) has effect in relation to a decision made by the Board— (a) under section 255B(4A) (automatic release) as if for the words “be confined” there were substituted “remain in prison until the end of the period mentioned in section 255B(1)(b)”; (b) under section 255C(4A) (prisoners not suitable for automatic release) or 256A(4) (further review) as if for the words “be confined” there were substituted “remain in prison”. (13) The Secretary of State may by order amend Schedule 18B so as to— (a) specify a further offence, or (b) omit an offence for the time being specified. (237B) In the following table— (a) the first column lists each provision of this Chapter which is a “relevant provision” under which a public protection decision may be made; (b) the second column lists, in relation to each relevant provision, the purposes for which the decision is made.

Relevant provision	Purposes
section 244ZC(4)	section 244ZC(3)
section 244ZC(5)(b)	section 244ZC(3)
section 244A(4)(b)	section 244A(3)
section 246A(6)(b)	section 246A(5)
section 247A(5)(b)	section 247A(4)
section 255B(4A)	section 255B(4A)
section 255C(4A)	section 255C(4A)
section 256A(4)	section 256A(4)
section 256AZBC(1)	section 256AZBC(1)
paragraph 6(2) of Schedule 20B	paragraph 6(1) of Schedule 20B
paragraph 15(4) of Schedule 20B	paragraph 15(3) of Schedule 20B
paragraph 25(3) of Schedule 20B	paragraph 25(2) of Schedule 20B
paragraph 28(3) of Schedule 20B	paragraph 28(2) of Schedule 20B

.

• (3) In section 246B (manslaughter: prisoner’s non-disclosure of information)—

• (a) in subsection (1), in the words before paragraph (a), after “a prisoner” insert “under section 246A(6)(b), for the purposes of section 246A(5),”;

• (b) in subsection (5), for the definition of “public protection decision” substitute—

• “public protection decision” has the meaning given by section 237A(2);

.

• (4) In section 246C (indecent images: prisoner’s non-disclosure of information)—

• (a) in subsection (1), in the words before paragraph (a), after “a prisoner” insert “under section 246A(6)(b), for the purposes of section 246A(5),”;

• (b) in subsection (6), for the definition of “public protection decision” substitute—

• “public protection decision”, in relation to a prisoner, has the meaning given by section 237A(2);

.

• (5) In section 255B (automatic release), after subsection (3) insert—

(3A) The Secretary of State must not be satisfied as mentioned in subsection (3) unless the Secretary of State considers that there is no more than a minimal risk that, if P were released before the end of the period mentioned in subsection (1)(b), P would commit a further offence the commission of which would cause serious harm (and section 237A(4) applies for the purposes of that assessment).

• (6) In section 255C (prisoners not suitable for automatic release), after subsection (3) insert—

(3A) The Secretary of State must not be satisfied as mentioned in subsection (3) unless the Secretary of State considers that there is no more than a minimal risk that, if P were released, P would commit a further offence the commission of which would cause serious harm (and section 237A(4) applies for the purposes of that assessment).

• (7) In section 256AZB (power to change test for release following recall), after subsection (2) insert—

(3) Provision made in an order under subsection (1)(c) by virtue of section 330(4) (consequential etc provision) may in particular amend, or modify the application of, section 256AZBC(1) (powers of High Court on referral of release decisions).

• (8) In section 330 (orders and rules), in subsection (5)(a), before “section 246(5)” insert—

• section 237A(13),

.

• (9) Schedule 18B (offences relevant to public protection decisions) is inserted by Schedule 2 to this Act.

• (10) Schedule 20B (modifications of Chapter 6 of Part 12 in certain transitional cases) is amended in accordance with subsections (11) and (12).

• (11) In paragraph 38 (manslaughter: prisoner’s non disclosure of information)—

• (a) in sub-paragraph (1), in the words before paragraph (a), after “making a” insert “relevant”;

• (b) in sub-paragraph (2), in the words before paragraph (a), after “making the” insert “relevant”;

• (c) in sub-paragraph (3), after “making a” insert “relevant”;

• (d) in sub-paragraph (4), for the definition of “public protection decision” substitute—

• “public protection decision” has the meaning given by section 237A(2);
• “relevant public protection decision” means the public protection decision made— under paragraph 6(2) for the purposes of paragraph 6(1), under paragraph 15(4) for the purposes of paragraph 15(3), under paragraph 25(3) for the purposes of paragraph 25(2), or under paragraph 28(3) for the purposes of paragraph 28(2);

.

• (12) In paragraph 39 (indecent images: prisoner’s non disclosure of information)—

• (a) in sub-paragraph (1), in the words before paragraph (a), after “making a” insert “relevant”;

• (b) in sub-paragraph (2), in the words before paragraph (a), after “making the” insert “relevant”;

• (c) in sub-paragraph (3), after “making a” insert “relevant”;

• (d) in sub-paragraph (5)—

• (i) for the definition of “public protection decision” substitute—

• “public protection decision”, in relation to a prisoner, has the meaning given by section 237A(2);

;

• (ii) after the definition of “relevant indecent image” insert—

• “relevant public protection decision”, in relation to a prisoner, means the public protection decision made— under paragraph 6(2) for the purposes of paragraph 6(1), under paragraph 15(4) for the purposes of paragraph 15(3), under paragraph 25(3) for the purposes of paragraph 25(2), or under paragraph 28(3) for the purposes of paragraph 28(2).

Amendment of power to change test for release on licence of certain prisoners

60

• (1) Section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for release on licence of certain prisoners) is amended as follows.

• (2) In subsection (3)—

• (a) after paragraph (a) insert—

(aza) amend section 28ZA of the Crime (Sentences) Act 1997 (public protection decisions), as that section applies for the purposes of section 28 or 32 of that Act,

;

• (b) after paragraph (aa) insert—

(aaza) amend section 237A of the Criminal Justice Act 2003 (public protection decisions), as that section applies for the purposes of a provision of that Act mentioned in any of paragraphs (aaa) to (c) below,

.

• (3) After subsection (3) insert—

(3A) Provision made in an order under this section by virtue of subsection (3)(f) may in particular amend, or modify the application of, the following provisions— (a) section 32ZAC(1) of the Crime (Sentences) Act 1997 (powers of High Court on referral of release decisions); (b) section 256AZBC(1) of the Criminal Justice Act 2003 (powers of High Court on referral of release decisions).

Referral of release decisions

Referral of release decisions: life prisoners

61

• (1) After section 32ZA of the Crime (Sentences) Act 1997 insert—