Circular No. 2025/01

Victims and Prisoners Act 2024 – part 1 (victims of crime) related measures

This circular is of interest to: All Government Departments, His Majesty’s Courts and Tribunals Service, His Majesty’s Prison and Probation Service, Ministry of Defence Police, Police and Crime Commissioners, Police Forces, Police Witness Care Units, The British Transport Police, The Criminal Cases Review Commission, The Criminal Injuries Compensation Authority, The Crown Prosecution Service, The National Probation Service, The Parole Board for England and Wales, The UK Supreme Court, Youth Offending Teams, Department for Business, Energy and Industrial Strategy (Criminal Enforcement), His Majesty’s Revenue and Customs, Home Office (Immigration Enforcement), Independent Office for Police Conduct, Natural Resources Wales, The Competition and Markets Authority, The Environment Agency, The Financial Conduct Authority, The Gambling Commission, The Health and Safety Executive, The Information Commissioner’s Office, The National Crime Agency, The National Health Service, The Office of Rail and Road, The Serious Fraud Office, British Transport Police, Criminal Cases Review Commission, His Majesty’s Chief Inspector of Prisons, His Majesty’s Chief Inspector of the Crown Prosecution Service, His Majesty’s Inspectorate of Probation for England and Wales, His Majesty’s Inspectors of Constabulary, His Majesty’s Prison Service, Local policing bodies, Maritime and Coastguard Agency, Office for Nuclear Regulation, Providers of probation services, The First Tier Tribunal (in relation to their functions in respect of appeals under the Criminal Injuries Compensation Scheme), Youth Justice Board for England and Wales, the Parliamentary and Health Services Ombudsman (PHSO), Member of Parliament, and Bodies within the PHSOs remit.

Purpose of this circular

1. This circular is issued to inform criminal justice agencies and other interested authorities (full list in Annex A) of the commencement of measures in Part 1 (victims of criminal conduct) of the Victims and Prisoners Act 2024 (the Act).

2. This circular does not constitute legal advice. It is not a statement of law and is not intended to provide a comprehensive description or interpretation of legislation. This circular should be read alongside the Act and the accompanying explanatory notes. Unless otherwise indicated, the measures discussed in this circular extend and apply to England and Wales only.

Overview of Part 1 (Victims of Crime) of the Victims and Prisoners Act 2024

3. The Code of Practice for Victims of Crime (the Victims’ Code) is a practical guide for victims to understand what they can expect from the criminal justice system if they have been a victim of crime. It sets out the services that victims should receive in England and Wales. The Victims’ Commissioner promotes the interests of victims and witnesses of crime, encourages good practice in their treatment, and keeps the operation of the Victims’ Code under review.

4. The measures in the Act are intended to enable the Victims’ Commissioner to better hold bodies accountable for how they are delivering entitlements under the Victims’ Code, and make it easier for victims to raise complaints when they do not receive what they should under the Victims’ Code.

5. Additionally, the Act changes the way in which victims make complaints to the Parliamentary and Health Services Ombudsman (the PHSO). The PHSO was established in 1967 as a body that can investigate complaints about public bodies and the NHS, as a ‘last stage’ of a complaint if someone considers the complaint has not been resolved satisfactorily by the body the complaint is against. This includes investigating complaints against criminal justice bodies in relation to the experiences of victims of crime.

6. Broadly, the measures:

• bring new bodies into the Victims’ Commissioner’s remit, including the criminal justice inspectorates and those government departments not already within the Commissioner’s remit.
• require those subject to the Victims’ Code compliance duty in section 5 of the Act to cooperate with the Victims’ Commissioner when requested - for example, complying with reasonable requests for data or access - in so far as it is appropriate and reasonably practicable;
• make clear that the Victims’ 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 Victims’ Commissioner’s remit respond to recommendations made in those reports where relevant to them within 56 days;
• require criminal justice inspectorates to consult the Victims’ Commissioner when developing their inspection frameworks and programmes; and
• where victims of crime want to make complaints to the Parliamentary Health Services Ombudsman relating to their experience as a victim, removing the so-called ‘MP-filter’ which required victims to make these complaints via their Member of Parliament.

Measures

The full list of measures that will be commenced on 29 January 2025 is as follows:

Section 1:  a technical clause, which brings into force the definition of a ‘victim’ for the purposes of Part 1 of the Act.

Section 2(2) and 2(13): two technical clauses, which respectively provide for the meaning of the “Victims’ Code” in Part 1 of the Act, and make transitional arrangements so that specific Part 1 provisions (ss5-12, and 32) can apply to the existing Code.

Section 5: Requires bodies responsible for providing Victims’ Code services to provide those services in accordance with the Victims’ Code, unless there is a good reason not to.  It also requires that those bodies ensure there is a process in place so that victims can complain about an alleged failure to provide services in accordance with the Victims’ Code. Finally, it also restates from the Domestic Violence, Crime and Victims Act 2004 (the 2004 Act) that failure to comply with the Code does not, in itself, give rise to liability to criminal or civil proceedings, but that the Code is admissible in evidence in proceedings.

Section 22(1), (2)(b-d), (3), (4) and (5) enhances the powers of the Victims’ Commissioner by:

• making clear in legislation that the Victims’ Commissioner can make recommendations in any of their reports (whether it is an ad-hoc report to the Secretary of State for Justice, or their annual report) (section 22(2)(b) and (c)); 
• placing a requirement on the Victims’ Commissioner to lay their annual report in Parliament (section 22(2)(d));
• placing a duty on authorities within the Victims’ Commissioner’s remit to respond to any recommendations made to them in the Victims’ Commissioner’s reports within 56 days (section 22(3));
• placing a duty on bodies responsible for providing Victims’ Code services to cooperate with the Victims’ Commissioner in any way they consider necessary for the exercise of their functions, where is appropriate and reasonably practicable (e.g. complying with direct requests for information, data and meetings) (section 22(4)); and
• bringing new authorities into the Victims’ Commissioner’s remit, including the criminal justice inspectorates, Police and Crime Commissioners and additional Government Departments (section 22(5)).

Sections 23(1)-(2), 24(1)-(2), 25(1)-(2) and 26(1)-(2): Placing a duty on criminal justice inspectorates to consult the Victims’ Commissioner on their inspection programmes and frameworks.

Section 27: Removes the requirement for a victim of crime to refer their complaint via their Member of Parliament (MP) before it can be investigated by the PHSO. Where victims of crime want to escalate a complaint in this way, this measure means victims can choose whether to make their complaint directly, or through an MP or another trusted person if they prefer. This only applies where the complaint relates to their experience as a victim (within the meaning of section 1 of the Act).

Annex A: List of bodies affected by Part 1 of the Victims and Prisoners’ Act 2024.

Section 1: meaning of ‘victim’

• No bodies directly affected, though this section informs the meaning of other obligations (see below).

Section 2(2) and 2(13): provides the definition of Victims’ Code, and makes transitional arrangements, so that the existing Victims’ Code can be used in relation to the specific sections specified in section 2(13).

• No bodies directly affected, though this section informs the meaning of other obligations (see below).

Section 5: Requires bodies responsible for providing Victims’ Code services to comply with the Victims’ Code when providing those services to victims, unless there is a good reason not to. Affects all those who the Victims’ Code states will provide a service to victims, which includes:

• His Majesty’s Courts and Tribunals Service
• His Majesty’s Prison and Probation Service
• Ministry of Defence Police
• Police and Crime Commissioners
• Police Forces
• Police Witness Care Units
• The British Transport Police
• The Criminal Cases Review Commission
• The Criminal Injuries Compensation Authority
• The Crown Prosecution Service
• The National Probation Service
• The Parole Board for England and Wales
• The UK Supreme Court
• Youth Offending Teams

To the extent that the Victims’ Code states they will provide a service to victims, this may also include:

• Department for Business, Energy and Industrial Strategy (Criminal Enforcement)
• His Majesty’s Revenue and Customs
• Home Office (Immigration Enforcement)
• Independent Office for Police Conduct
• Natural Resources Wales
• The Competition and Markets Authority
• The Environment Agency
• The Financial Conduct Authority
• The Gambling Commission
• The Health and Safety Executive
• The Information Commissioner’s Office
• The National Crime Agency
• The National Health Service
• The Office of Rail and Road
• The Serious Fraud Office

22(3) Placing a duty on bodies within the Commissioner’s remit to respond to Commissioner recommendations made to them in any report within 56 days.

• All Government Departments
• British Transport Police (Via the Department of Transport)
• Criminal Cases Review Commission
• Criminal Injuries Compensation Authority
• Crown Prosecution Service
• Health and Safety Executive
• His Majesty Revenue and Customs
• His Majesty’s Chief Inspector of Prisons
• His Majesty’s Chief Inspector of the Crown Prosecution Service
• His Majesty’s Inspectorate of Probation for England and Wales
• His Majesty’s Inspectors of Constabulary
• His Majesty’s Prison Service
• Local policing bodies (e.g. Police and Crime Commissioners)
• Maritime and Coastguard Agency
• Ministry of Defence Police (Via the Ministry of Defence)
• National Crime Agency
• Office for Nuclear Regulation
• Police Forces
• Providers of probation services
• Serious Fraud Office
• The First Tier Tribunal (in relation to their functions in respect of appeals under the Criminal Injuries Compensation Scheme)
• The Parole Board
• Those exercising functions relating to the business of a court (e.g. staff of His Majesty Courts and Tribunal Service)
• Youth Justice Board for England and Wales
• Youth Offending Teams

Section 22 (4) Placing a duty on agencies, who are under the new duty to act in accordance with the Victims’ Code (see section 5 above), to cooperate with requests from the Victims’ Commissioner, where appropriate and reasonably practicable. All those who the Victims’ Code states will provide a service to victims, which includes:

• British Transport Police
• His Majesty’s Courts and Tribunals Service
• His Majesty’s Prison and Probation Service
• Ministry of Defence Police
• Police and Crime Commissioners
• Police Forces
• Police Witness Care Units
• The Criminal Cases Review Commission
• The Criminal Injuries Compensation Authority
• The Crown Prosecution Service
• The National Probation Service
• The Parole Board for England and Wales
• The UK Supreme Court
• Youth Offending Teams

To the extent that the Victims’ Code states they will provide a service to victims, this may also include:

• Department for Business, Energy and Industrial Strategy (Criminal Enforcement)
• His Majesty’s Revenue and Customs
• Home Office (Immigration Enforcement)
• Independent Office for Police Conduct
• Natural Resources Wales
• The Competition and Markets Authority
• The Environment Agency
• The Financial Conduct Authority
• The Gambling Commission
• The Health and Safety Executive
• The Information Commissioner’s Office
• The National Crime Agency
• The National Health Service
• The Office of Rail and Road
• The Serious Fraud Office

Section 22(5) Brings new authorities into the Victims’ Commissioner’s remit

• All Government Departments (previously only some departments were included)
• His Majesty’s Chief Inspector of Prisons
• His Majesty’s Chief Inspector of the CPS
• His Majesty’s Inspectorate of Probation for England and Wales
• His Majesty’s Inspectors of Constabulary
• Local policing bodies (e.g. Police and Crime Commissioners)

Section 23-26 Requiring the criminal justice inspectorates to consult the Victims’ Commissioner on their inspection frameworks and programmes (both joint and individual), alongside other mandatory consultees.

• His Majesty’s Chief Inspector of Prisons.
• His Majesty’s Inspectors of Constabulary
• His Majesty’s Chief Inspector of the CPS
• His Majesty’s Inspectorate of Probation for England and Wales.

Section 27: Remove the requirement for a victim to complain to the Parliamentary and Health Services (PHSO) via a Member of Parliament (MP), where their complaint relates to their experience as a victim.

• The PHSO
• MPs
• Bodies within the PHSO’s remit