Implementing the Victims and Prisoners Act 2024
We recently received an update from the Ministry of Justice about the implementation of the Victims and Prisoners Act 2024. The update outlines the first steps being taken by the Government to enact the victim-related measures in the Act, which was passed in May last year. They suggest that “this milestone is a crucial step that progresses the Government’s commitment to ensuring that victims have the information and support they need.”
Below is a summary of what the Government have commenced:
The commencement order and explanatory notes are available to view here. As well as provisions that inform the meaning of Part 1 of the Act, such as the definition of ‘victim,’ we are also commencing the following measures.
Firstly, we have commenced the obligation on those who provide Victims’ Code services to comply with the Victims’ Code unless there is a good reason not to. This underlines our commitment to ensuring victims receive the service that they deserve under the Victims’ Code, and that agencies are held to account for delivering this.
Secondly, we have commenced measures that will help the Victims’ Commissioner to better hold bodies accountable for how they are delivering for victims. This includes:
bringing new bodies into the Commissioner’s remit, including the criminal justice inspectorates and additional Government departments;
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- requiring that those subject to the Code compliance duty in section 5 of the Act to cooperate with the Commissioner, for example, complying with reasonable requests for data or access when requested, so far as it is appropriate and reasonably practicable;
- making clear that the Commissioner can include recommendations in their statutory reports, whether made annually or to the Secretary of State throughout the year; and requiring that those within the Commissioner’s remit respond to recommendations made in those reports where relevant to them within 56 days; and
- requiring criminal justice inspectorates to consult the Commissioner when developing their inspection frameworks and programmes.
Together, these measures will enable the Commissioner to gain a deeper understanding of the victims’ landscape. They will also foster greater transparency and accountability between authorities, encouraging good practice, and respectful treatment of victims.
Finally, we have commenced the measure that will simplify the complaints process for victims who need to escalate their complaints. Where victims of crime want to make complaints to the Parliamentary Health Services Ombudsman (PHSO) relating to their experience as a victim, this measure removes the so-called ‘MP-filter’ which required victims to make these complaints via their Member of Parliament. The measure also enables those acting on behalf of a victim to bypass the filter and make the victim’s complaint directly. This means victims can choose whether to make their complaint themselves, or through an MP or other trusted person if they prefer.
We look forward to seeing how these measures improve the way that victims of crime are treated in the justice system and will keep you posted as and when we hear more.