Victims and Courts Bill

A Bill to Make provision about the experience of victims within the criminal justice system; about the functions of the Commissioner for Victims and Witnesses; and about procedure and the administration of criminal justice.

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Available Versions

28 Oct 2025
Lords: Committee
HL Bill 141 (as brought from the Commons)
(0 amendments)
25 Jun 2025
Commons: Report
Bill 271 2024-25 (as amended in Public Bill Committee)
No digital version of this Bill was published by Parliament
Date Debate
Monday 27th October 2025 Report stage
7 May 2025
Commons: Committee
Bill 233 2024-25 (as introduced)
(41 amendments)
Date Debate
Tuesday 24th June 2025 Committee stage: 5th sitting
Thursday 19th June 2025 Committee stage: 4th sitting
Thursday 19th June 2025 Committee stage: 3rd sitting
Tuesday 17th June 2025 Committee stage: 2nd sitting
Tuesday 17th June 2025 Committee stage: 1st sitting

Relevant Documents

Bill PDF
Bill 233 2024-25 (as introduced)
Latest Amendments
Notices of Amendments as at 25 June 2025
Explanatory Note
Bill 233 EN 2024-25
Impact Assessment
Victims Measures Impact Assessment from the Ministry of Justice

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16 New Clauses Proposed

Page 1

"Attendance at sentencing hearings"

Source Bill 233 EN 2024-25

Attendance at sentencing hearings

Attendance at sentencing hearings

 
"Power to compel attendance at sentencing hearing"

Source Bill 233 EN 2024-25

Clause 1 inserts new sections 41A and 41B into a new Chapter 2A within Part 3 of the Sentencing Code (Procedure). New section 41A makes provision for a judge of the Crown Court to order an offender to attend their sentencing hearing and states that any offender commits a contempt of court if, when the court has made such an order, they fail without reasonable excuse to attend.

New subsection (1)(a)(b) and (c) of section 41A set out the conditions under which the order can be made. These are that an offender has been convicted of an offence; the offender is to be detained in custody while awaiting sentencing in the Crown Court; and the offender has refused to attend their sentencing hearing or there are reasonable grounds to suspect that he or she will refuse.

New subsection (2) states that the Crown Court may make such an order if the conditions of subsection (1) are satisfied.

New subsection (3) states that an order under subsection (2) may be made by the court of its own motion or following an application by the prosecuting authority.

New subsection (4) prohibits the court from making such an order in relation to an offender under the age of 18 without having first consulted the relevant youth offending team.

New subsection (5) clarifies that a relevant officer may use reasonable force to give effect to an order made under subsection (2) and deliver an offender aged 18 or over to the courtroom.

New subsection (6) states that an offender's failure to comply with an order made under subsection (2) without reasonable excuse is a criminal contempt of court.

New subsection (7) defines the meaning of the terms, “relevant officer”, “relevant youth offending team” and “sentencing hearing” as they apply to this provision. “Relevant officer” means a prison officer, an officer of a young offender institution or a prisoner custody officer (within the meaning of section 89 of the Criminal Justice Act 1991). “Relevant youth offending team” means the youth offending team established under section 39 of the Crime and Disorder Act 1998 that is providing support to the offender while he or she is awaiting sentence. “Sentencing hearing” means a hearing for the purposes of sentencing the offender following conviction.

New subsection (8) clarifies, for the avoidance of doubt, that this provision does not limit any other power available to the court to order the attendance of an offender for their sentencing hearing, any part of the law of contempt or any other power of a relevant officer to use force.

New section 41B makes provision for and explains the meaning of a "prison sanctions order".

New subsection (1)(a), (b), (c) and (d) sets out the conditions needed to be met before a court can consider making a “prison sanctions order”. These conditions are that an order under section 41A has been made, the offender has committed a contempt by breaching an order made under section 41A as mentioned in section 41A(6), or has committed a contempt by interrupting or otherwise misbehaving in the hearing and been removed from the hearing because of such conduct; the offender is aged 18 or over at the time at which the contempt is committed; and the offender is sentenced to a term of imprisonment or detention for either the offence being sentenced or committed for the contempt.

New subsection (2) confirms the power to impose prison sanctions may be used instead of or in addition to any other power available to the court in dealing with the contempt matter.

New subsection (3)(a) and (b) sets out the parameters for imposing a prison sanctions order on a person aged between 18 and 20.An order can be made in relation to an offender who is aged 18 or over who is taken to a prison or young offenders institution provided exclusively as a place of detention for persons aged 18-20 after the order is made.

New subsection (4)(a) and (b) defines the meaning of a "prison sanctions order” as an order imposing one or more of the sanctions as described by regulations made by the Secretary of State and in so doing provides the power to make those regulations. It also requires the court to specify a period not exceeding the maximum period as defined by those regulations.

New subsection (5) limits the sanctions that may be specified in regulations to those which correspond with punishments available under prison rules for an offence against discipline. This means that existing punishments in the prison rules will provide a list from which punishments can be selected for the purposes of these regulations. Not all existing punishments will be appropriate for use in this context.

New subsection (6) states that the regulations must specify a maximum period for which a sanction may apply, only if the corresponding punishment in the prison rules has a maximum period.

New subsection (7) states that the maximum period set by regulations must not exceed the corresponding maximum period for that sanction as set out in the prison rules.

New subsection (8) states that the regulations may make further provision as to the effect of a sanction imposed by a prison sanctions order.

New subsection (9) (a) and (b) sets out that in particular, the regulations made by subsection (8) may create exceptions or confer a discretion on the governor of a prison as to the effect of a sanction being imposed by a prison sanctions order. It is intended that this will be used to permit the governor to override the order in certain circumstances, for example, where it is considered necessary for health, safety and operational reasons.

New subsection (10) confirms that regulations made under this section are subject to the affirmative resolution procedure.

New subsection (11) defines the meaning of "governor" in relation to a prison or youth offender institution, includes a director of the prison or institution, the meaning of "prison" as having the same meaning as in the Prison Act 1952 and the meaning of “prison rules” as being the same as under section 47 of the Prison Act 1952.
1
Power to compel attendance at sentencing hearing
 
 
In Part 3 of the Sentencing Code (procedure), after Chapter 2 insert—
 

Source Bill 233 EN 2024-25

Chapter 2A

Chapter 2A

 
"Attendance at sentencing hearings"

Source Bill 233 EN 2024-25

Attendance at sentencing hearings
 
Attendance at sentencing hearings
5
"Power to order offender to attend"

Source Bill 233 EN 2024-25

Power to order offender to attend
41A
Power to order offender to attend
 
 
(1)
This section applies where—
 
 
(a)
an offender has been convicted of an offence,
 
 
(b)
the offender is to be detained in custody while awaiting
 
 
sentencing by the Crown Court, and
10
 
(c)
the offender has refused, or there are reasonable grounds to
 
 
suspect that the offender will refuse, to attend court for the
 
 
sentencing hearing.
 
 
(2)
The Crown Court may order the offender to attend court for the
 
 
sentencing hearing.
15
 
(3)
An order under subsection (2) may be made by the court of its own
 
 
motion or on the application of the prosecutor.
 
 
(4)
Before making an order under subsection (2) in relation to an offender
 
 
aged under 18, the court must consult the relevant youth offending
 
 
team.
20
 
(5)
Where the court makes an order under subsection (2) in relation to
 
 
an offender who is aged 18 or over, a relevant officer may, in exercising
 

Page 2

 
any function for the purpose of delivering the offender to the
 
 
courtroom, use reasonable force, if necessary and proportionate.
 
 
(6)
An offender who fails, without reasonable excuse, to comply with an
 
 
order under subsection (2) commits a criminal contempt of court (see
 
 
also section 41B ).
5
 
(7)
In this section—
 
 
“relevant officer” means—
 
 
(a)
a prison officer;
 
 
(b)
an officer of a young offender institution;
 
 
(c)
a prisoner custody officer (within the meaning of section
10
 
89 of the Criminal Justice Act 1991 );
 
 
“the relevant youth offending team” means the youth offending
 
 
team established under section 39 of the Crime and Disorder
 
 
Act 1998 that is providing support to the offender while
 
 
awaiting sentence;
15
 
“sentencing hearing” means a hearing following conviction that
 
 
is held for the purpose of sentencing the offender.
 
 
(8)
Nothing in this section limits—
 
 
(a)
any other power of a court to order an offender to attend court
 
 
for a sentencing hearing;
20
 
(b)
any part of the law of contempt;
 
 
(c)
any other power of a relevant officer to use force.
 
"Attendance orders: prison sanctions for contempt"

Source Bill 233 EN 2024-25

Attendance orders: prison sanctions for contempt
41B
Attendance orders: prison sanctions for contempt
 
 
(1)
This section applies where—
 
 
(a)
the Crown Court makes an order under section 41A requiring
25
 
an offender to attend a sentencing hearing in respect of an
 
 
offence,
 
 
(b)
the offender—
 
 
(i)
commits a contempt of court by failing to comply with
 
 
the order as mentioned in section 41A (6) , or
30
 
(ii)
commits a contempt of court by interrupting the hearing
 
 
or otherwise misbehaving and is removed from the
 
 
hearing because of their conduct.
 
 
(c)
the offender is 18 or over at the time at which the contempt is
 
 
committed, and
35
 
(d)
the offender is sentenced to imprisonment or detention for the
 
 
offence or committed for the contempt.
 
 
(2)
In dealing with the contempt the court may make a prison sanctions
 
 
order in relation to the offender (instead of or in addition to exercising
 
 
any other power).
40
 
(3)
But a prison sanctions order may not be made in relation to an offender
 
 
aged 18, 19 or 20 unless the place where the offender is to be taken
 
 
for detention immediately after the order is made is—
 

Page 3

 
(a)
a prison, or
 
 
(b)
a young offender institution that is provided exclusively as a
 
 
place for the detention of persons aged 18 to 20.
 
 
(4)
In this section “prison sanctions order” means an order—
 
 
(a)
imposing one or more sanctions of a description specified for
5
 
the purpose of this section by regulations made by the Secretary
 
 
of State, and
 
 
(b)
in relation to any sanction for which the regulations provide
 
 
for there to be a maximum period, specifying the period for
 
 
which it is imposed, which must not exceed the maximum.
10
 
(5)
The only sanctions that may be specified in the regulations are
 
 
sanctions that correspond to the punishments that may be imposed
 
 
by a governor under prison rules for an offence against discipline.
 
 
(6)
The regulations must specify a maximum period for which the sanction
 
 
may be imposed if the corresponding punishment under prison rules
15
 
has a maximum period for which it may be imposed.
 
 
(7)
The maximum period specified in the regulations for a sanction must
 
 
not exceed the maximum period specified for the corresponding
 
 
punishment under prison rules.
 
 
(8)
The regulations may make further provision as to the effect of a
20
 
sanction being imposed by a prison sanctions order.
 
 
(9)
Regulations made by virtue of subsection (8) may, in particular—
 
 
(a)
create exceptions;
 
 
(b)
confer a discretion on the governor of the prison or young
 
 
offender institution in which the person is detained.
25
 
(10)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
 
 
(11)
In this section—
 
 
“governor” , in relation to a prison or youth offender institution,
 
 
includes a director of the prison or institution;
30
 
“prison” has the same meaning as in the Prison Act 1952;
 
 
“prison rules” means rules made in respect of prisons under
 
 
section 47 of the Prison Act 1952.”
 
"Power to compel attendance at sentencing hearing: armed forces"

Source Bill 233 EN 2024-25

Clause 2 makes equivalent provision for the service justice system by inserting new section 259A into the Armed Forces Act 2006.

New section 259A enables the Court Martial or Service Civilian Court to order an individual to attend their sentencing hearing by creating an express statutory power to make an attendance order. Any individual who refuses to attend, without reasonable excuse, will commit a contempt of court under section 309 of the Armed Forces Act 2006. They may therefore be punished by the Court Martial or Service Civilian Court through a fine or a committal to Service Custody. Where an adult is sentenced to imprisonment or detention, a prison sanctions order may be imposed in respect of a contempt of court. Alternatively the court may, as now, certify a civil court to inquire into the contempt of court under section 311 of the Armed Forces Act 2006. New section 259A also makes it clear that a person subject to service law who is authorised by the Provost Marshal for the Royal Military Police may use reasonable force if necessary and proportionate to produce an adult to court for their sentencing hearing.
2
Power to compel attendance at sentencing hearing: armed forces
 
 
(1)
The Armed Forces Act 2006 is amended as follows.
35
 
(2)
After section 259 insert—
 
"“Attendance at sentencing hearings"

Source Bill 233 EN 2024-25

Attendance at sentencing hearings
 
“Attendance at sentencing hearings
 
"Power to order attendance"

Source Bill 233 EN 2024-25

Power to order attendance
259A
Power to order attendance
 
 
(1)
This section applies where—
 

Page 4

 
(a)
an offender has been convicted of a service offence,
 
 
(b)
the offender is to be detained in custody while awaiting
 
 
sentencing by the Court Martial or the Service Civilian Court,
 
 
and
 
 
(c)
the offender has refused, or there are reasonable grounds to
5
 
suspect the offender will refuse, to attend court for the
 
 
sentencing hearing.
 
 
(2)
The court may order the offender to attend court for the sentencing
 
 
hearing.
 
 
(3)
An order under subsection (2) may be made by the court of its own
10
 
motion or on the application of the Director of Service Prosecutions.
 
 
(4)
Before making an order under subsection (2) in relation to an offender
 
 
aged under 18, the court must consult the relevant youth offending
 
 
team.
 
 
(5)
In deciding whether to make an order under subsection (2) in relation
15
 
to an offender aged under 18, the court must have regard to the welfare
 
 
of the offender.
 
 
(6)
Where the court makes an order under subsection (2) in relation to
 
 
an offender who is aged 18 or over, a person subject to service law
 
 
who is authorised for the purposes of this subsection by the Provost
20
 
Marshal of the Royal Military Police may, in exercising any function
 
 
for the purpose of delivering the offender to the courtroom, use
 
 
reasonable force, if necessary and proportionate.
 
 
(7)
In this section—
 
 
“the relevant youth offending team” means the youth offending
25
 
team established under section 39 of the Crime and Disorder
 
 
Act 1998 that is providing support to the offender while
 
 
awaiting sentence;
 
 
“sentencing hearing” means a hearing following conviction that
 
 
is held for the purpose of sentencing the offender.
30
 
(8)
Nothing in this section limits—
 
 
(a)
any other power of the court to order an offender to attend
 
 
court for a sentencing hearing;
 
 
(b)
any other power of a person authorised as mentioned in
 
 
subsection (6) to use reasonable force.”
35
 
(3)
In section 309 (offences of misbehaviour in court etc)—
 
 
(a)
in subsection (1)—
 
 
(i)
omit the “or” at the end of paragraph (d);
 
 
(ii)
at the end of paragraph (e) insert “, or
 
 
“(f)
fails without reasonable excuse to comply with
40
 
an order made by the court under section
 
 
259A (2) (order by Court Martial or Service
 
 
Civilian Court to attend sentencing hearing).”;
 

Page 5

 
(b)
after subsection (3) insert—
 
 
“(3A)
Subsection (3B) applies where—
 
 
(a)
a qualifying service court makes an order under section
 
 
259A (2) requiring an offender to attend a sentencing
 
 
hearing in respect of a service offence,
5
 
(b)
the offender—
 
 
(i)
engages in conduct within subsection (1)(d) at
 
 
the hearing, or
 
 
(ii)
fails to comply with the order as mentioned in
 
 
subsection (1) (f) ,
10
 
(c)
the offender is 18 or over at the time of the time of that
 
 
conduct or failure, and
 
 
(d)
the offender is sentenced to imprisonment or detention
 
 
for the service offence.
 
 
(3B)
The court may make a prison sanctions order in relation to the
15
 
offender (instead of or in addition to exercising any other power
 
 
under this section).
 
 
(3C)
But a prison sanctions order may not be made in relation to
 
 
an offender aged 18, 19 or 20 unless the place where the
 
 
offender is to be taken for detention immediately after the
20
 
order is made is—
 
 
(a)
a prison, or
 
 
(b)
a young offender institution that is provided exclusively
 
 
as a place for the detention of persons aged 18 to 20.”;
 
 
(c)
omit subsection (5);
25
 
(d)
after subsection (6) insert—
 
 
“(7)
In this section—
 
 
“prison sanctions order” has the meaning given by section
 
 
41B (4) of the Sentencing Code;
 
 
“qualifying service court” means—
30
 
(a)
the Court Martial;
 
 
(b)
the Summary Appeal Court;
 
 
(c)
the Service Civilian Court.”
 
"Restricting parental responsibility"

Source Bill 233 EN 2024-25

Restricting parental responsibility

Restricting parental responsibility

 
"Restricting parental responsibility of certain sex offenders"

Source Bill 233 EN 2024-25

Clause 3 amends the CA1989 to expand the offences where the Crown Court must make a prohibited steps order to include where a person is convicted of a serious child sexual abuse offence against a child for whom they hold parental responsibility and has been sentenced to an immediate custodial sentence of four or more years. The prohibited steps order, which is an order under section 8 of the CA 1989, must be made in respect of every child for whom the offender holds parental responsibility.

Subsection 1 makes provision for the Bill to insert new sections 10C and 10D into the CA1989.

New section 10C in the CA 1989 covers the requirement for the Crown Court to make a prohibited steps order: a. New subsection (1) of 10C clarifies the section applies when the Crown Court sentences an offender to a life sentence, or a term of four or more years imprisonment or detention for a serious sexual offence committed against a child for whom they hold parental responsibility. b. New subsection (2) states that the Crown Court must make a prohibited steps order for each child for whom the offender holds parental responsibility when sentencing the offender. c. New subsection (3) provides that the prohibited steps order must restrict the exercise of parental responsibility to prevent the offender taking any step in exercise of their parental responsibility without the consent of the High Court or family court and that the order remain in effect unless it is varied or discharged by the High Court or family court. d. New subsection (4) outlines the circumstances in which the Crown Court must not make a prohibited steps order. An order must not be made if there is a placement order in force such that the making of a prohibited steps order is prohibited by section 29(3) Adoption and Children Act 2002, or where such an order is not needed because a prohibited steps order is already in place that provides that no steps could be taken in exercise of a parent's parental responsibility or where it would not be in the interests of justice for the prohibited steps order to be made. e. New subsection (5) provides that the prohibited steps order will not automatically end where the offender is acquitted on appeal or receives a reduction in sentence so that it no longer meets the threshold in subsection (1). f. New subsection (6) makes clear that where the Crown Court is undertaking the duty placed on it by section 10C and in the context of the Crown Court's discretion in subsection (5), it should not apply the following sections of the CA1989: i. Section 1, which covers the elements the court must include in its consideration of a child's welfare which must be the courts paramount consideration. ii. Section 7, which gives the court the power to commission the Children and Family Court Advisory and Support Service (Cafcass), Cafcass Cymru or local authority social workers to deliver reports on the child's welfare. iii. Section 11, which covers a series of general provisions relating to s.8 orders, including provisions relating to timetabling and the content of the orders. g. New subsection (7) provides that the prohibited steps order made by the Crown Court is to be treated as an order of the family court for the purposes of section 31F(6) of the Matrimonial and Family Proceedings Act 1984 (which gives the family court the power to vary, suspend, rescind or revive any order of the family court). h. New subsection (8) provides that the Crown Court cannot hear applications for the enforcement of the prohibited steps order made under new Section 10C (these will be heard by the family court). i. New subsection (9) provides that where context permits, any reference in CA 89 to an order made under Section 10C also includes an order varying or discharging such an order. j. New subsection (10) provides definitions of terms used within Section 10C: i. A "life sentence" is where an offender is sentenced to imprisonment, detention or custody for life, or during His Majesty's Pleasure. ii. A "serious sexual offence" includes any offence listed within schedule ZA1. k. New subsection (11) provides the Secretary of State with a power to amend the list of offences in Schedule ZA1 by regulations.

New section 10D confirms details of a new duty that will be placed on the local authority: a. New subsection (1) confirms that section 10D applies when an individual subject to a prohibited steps order made under section 10C is either acquitted of the offence on appeal or has their sentence reduced on appeal, so their term of imprisonment is no longer 4 years or more. b. New subsection (2) confirms that when subsection (1) is met, the relevant local authority must make an application to the Family Court to review the prohibited steps order. The court is defined as in section 92(7) CA1989 as the High Court or the family court. When both the family court and the High Court have jurisdiction to deal with a matter, the general rule is that proceedings must be started in the family court. This is outlined in Rule 5.4 of the Family Procedure Rules 2010. c. New subsection (3) provides that an application to the family court must be made by the relevant local authority as soon as reasonably practicable, and it must be made within 30 days after the day after the day the verdict of acquittal was entered or the sentence was reduced. d. Subsection (4) provides the Secretary of State the power to amend by regulations the 30-day period specified in subsection (3). e. New subsection (5) defines "life sentence ” as the same as subsection (9) of section 10C (as per paragraph 149j of this document). This subsection defines the 'relevant local authority' as the local authority within whose area the child(ren) involved are ordinarily resident or the local authority within whose area the child(ren) is present. If there is no local authority which fits this description, no duty arises. Nothing in this subsection affects the law applicable to whether the court has jurisdiction to make any orders as a result of the review.

Subsection (2) of Clause 3 provides that a schedule is inserted into the CA1989 setting out the serious sexual offences that are included within the provisions of this measure.

The provisions in Clause 3 will come into force by regulations made on a day appointed by the Secretary of State.
3
Restricting parental responsibility of certain sex offenders
35
 
(1)
After section 10B of the Children Act 1989 insert—
 
"Duty to make prohibited steps order where serious sexual offence"

Source Bill 233 EN 2024-25

Duty to make prohibited steps order where serious sexual offence committed
 
“10C
Duty to make prohibited steps order where serious sexual offence
 
 
committed
 
 
(1)
This section applies where the Crown Court sentences a person (“the
 
 
offender”) to a life sentence, or a term of imprisonment or detention
40

Page 6

 
of 4 years or more, for a serious sexual offence committed against a
 
 
child for whom the offender has parental responsibility.
 
 
(2)
The Crown Court must make a prohibited steps order with respect to each
 
 
child for whom the offender has parental responsibility.
 
 
(3)
The order must—
5
 
(a)
specify that no step of any kind which could be taken by a
 
 
parent in meeting their parental responsibility for a child may
 
 
be taken by the offender with respect to the child without the
 
 
consent of the High Court or the family court, and
 
 
(b)
be made to have effect until the order is varied or discharged
10
 
by the High Court or the family court.
 
 
(4)
But the Crown Court must not make a prohibited steps order under
 
 
this section if—
 
 
(a)
making the order is prohibited by section 29 (3) of the Adoption
 
 
and Children Act 2002 ,
15
 
(b)
a prohibited steps order is already in force that meets the
 
 
requirements in subsection (3) , or
 
 
(c)
it appears to the Crown Court that it would not be in the
 
 
interests of justice to do so.
 
 
(5)
A prohibited steps order made under this section does not cease to
20
 
have effect if—
 
 
(a)
the offender is acquitted of the offence on appeal, or
 
 
(b)
the sentence is reduced, on appeal, so that it is no longer a life
 
 
sentence or a term of imprisonment or detention of 4 years or
 
 
more,
25
 
but see section 10D .
 
 
(6)
Sections 1, 7 and 11 do not apply where the Crown Court proceeds
 
 
under this section.
 
 
(7)
A prohibited steps order made under this section is to be treated for
 
 
the purposes of section 31F (6) of the Matrimonial and Family
30
 
Proceedings Act 1984 (proceedings and decisions) as if it were made
 
 
by the family court.
 
 
(8)
The Crown Court does not have jurisdiction to entertain any
 
 
proceedings in connection with the enforcement of a prohibited steps
 
 
order made under this section.
35
 
(9)
A reference in this Act to an order under this section includes, so far
 
 
as the context permits, an order varying or discharging it.
 
 
(10)
In this section—
 
 
“life sentence” means a sentence of imprisonment, detention or
 
 
custody for life, or during His Majesty’s pleasure;
40
 
“serious sexual offence” means an offence listed in Schedule ZA1 .
 
 
(11)
The Secretary of State may by regulations amend the list of offences
 
 
in Schedule ZA1 .
 

Page 7

"Review of orders made under section 10C"

Source Bill 233 EN 2024-25

Review of orders made under section 10C
10D
Review of orders made under section 10C
 
 
(1)
This section applies if—
 
 
(a)
a prohibited steps order is made under section 10C prohibiting
 
 
the taking of steps with respect to a child, and
 
 
(b)
either—
5
 
(i)
the offender is acquitted of the offence on appeal, or
 
 
(ii)
the sentence is reduced, on appeal, so that it is no longer
 
 
a life sentence or a term of imprisonment or detention
 
 
of 4 years or more.
 
 
(2)
The local authority that is the relevant local authority at the time the verdict
10
 
of acquittal is entered or the sentence is reduced must make an application
 
 
to the court (see section 92(7)) to review the order.
 
 
(3)
An application under this section must be made as soon as is
 
 
reasonably practicable and in any event before the end of the period
 
 
of 30 days beginning with the day after the day on which the verdict
15
 
of acquittal was entered or the sentence was reduced.
 
 
(4)
The Secretary of State may by regulations amend the period specified
 
 
in subsection (3) .
 
 
(5)
In this section—
 
 
“life sentence” has the meaning given by section 10C (10) ;
20
 
“relevant local authority” means—
 
 
(a)
where the child with respect to whom the order was
 
 
made is ordinarily resident within the area of a local
 
 
authority in England or Wales, that local authority;
 
 
(b)
where the child with respect to whom the order was
25
 
made does not fall within paragraph (a) but is present
 
 
within the area of a local authority in England or Wales,
 
 
that local authority.”
 
 
(2)
Schedule 1 to this Act inserts a Schedule into the Children Act 1989 setting
 
 
out the serious sexual offences for the purposes of the new section 10C of
30
 
that Act inserted by subsection (1) .
 

Source Bill 233 EN 2024-25

Clause 4 makes amendments to the CA1989 to reflect the changes provided by Clause 3. a. Subsection (1) provides the power to amend the CA1989 in respect of subsections (2) to (6) of Clause 3. b. Subsection (2) amends the following subsections of section 9 of the CA1989 to remove certain restriction on making a prohibited steps order namely: i. Subsection (1) is amended to ensure a prohibited steps order can be made for a child in the care of a local authority under new section 10C. c. Subsection (3) makes amendments to section 10A of the CA1989 (which was inserted by section 18 of the Victim and Prisoners Act 2024) i. The heading of section 10A is amended to “the duty to make a prohibited steps order where one parent kills another". ii. New subsection 10 is inserted to provide that where permitted, any reference in CA89 to an order made under Section 10A also includes an order varying or discharging such an order. d. Subsection (4) amends section 33(3A) of the CA1989 so that when a local authority has the power to decide how an offender can use their parental responsibility, the local authority may only use this power in order to stop them from taking steps that are not already prohibited by the prohibited steps order made under new section 10C. e. Subsection (5) amends section 91(2) of the CA1989 to provide that if a care order is made after the making of a prohibited steps order under new section 10C, that order made under new section 10C will not be discharged as would be the case for other section 8 orders. f. Subsection (6) amends the provisions in the CA1989 in relation to the powers to make regulations under the Act consequential on the new sections 10C(11) or 10D(4) . g. Subsection (7) provides that a prohibited steps order made by the Crown Court under section 10C does not fall within the definition of a “sentence" for the purposes of section 50 of the Criminal Appeals Act 1968 and cannot therefore be appealed by the offender through the Crown Court. The question of whether the prohibited steps order should remain in place, be varied or discharged will be considered by the family court. This could be via the usual process when applying to the family court to vary or discharge a prohibited steps order, or as a result of an application being made by the local authority under the duty placed on them in new section 10D(2) СА 1989. h. Subsection (8) amends section 379 of the Sentencing Act 2020 to include a signpost to the circumstances that the Crown Court may be required to make a prohibited steps order when dealing with an offender under new sections 10A and 10C of the CA1989.

4

 
 
(1)
The Children Act 1989 is amended in accordance with subsections (2) to (6) .
 
 
(2)
In section 9 (1) , (6A) and (8) (as amended or inserted by section 18 of the
 
 
Victims and Prisoners Act 2024), after “10A” insert “or 10C ”.
35
 
(3)
In section 10A (inserted by section 18 of the Victims and Prisoners Act 2024)—
 
 
(a)
for the heading substitute “Duty to make prohibited steps order where
 
 
one parent kills another”;
 

Page 8

 
(b)
after subsection (9) insert—
 
 
“(10)
A reference in this Act to an order under this section includes,
 
 
so far as the context permits, an order varying or discharging
 
 
it.”
 
 
(4)
In section 33 (3A) (inserted by section 18 of the Victims and Prisoners Act
5
 
2024)—
 
 
(a)
after “10A” insert “or 10C ”;
 
 
(b)
for “parent”, in both places it occurs, substitute “person”.
 
 
(5)
In section 91 , in subsection (2) , after “10A” (inserted by section 18 of the
 
 
Victims and Prisoners Act 2024 ) insert “or 10C ”.
10
 
(6)
In section 104 (3AZA) (inserted by section 18 of the Victims and Prisoners Act
 
 
2024), after “10B(6)” insert “ 10C (11) or 10D (4) ”.
 
 
(7)
In section 50 (2A) of the Criminal Appeal Act 1968 (inserted by section 18 of
 
 
the Victims and Prisoners Act 2024), after “10A” insert “or 10C ”.
 
 
(8)
In section 379 of the Sentencing Code (other behaviour orders etc), after
15
 
subsection (1) insert—
 
 
“(1A)
See sections 10A and 10C of the Children Act 1989 for circumstances
 
 
in which the Crown Court may be required to make a prohibited steps
 
 
order when dealing with an offender.”
 
"Victims’ rights"

Source Bill 233 EN 2024-25

Victims ’ rights

Victims’ rights

20
"Victims’ rights to make representations and receive information etc"

Source Bill 233 EN 2024-25

Schedule 2 makes provision about the rights of victims of certain offences to make representations and receive information about offenders.
5
Victims’ rights to make representations and receive information etc
 
 
Schedule 2 makes provision about the rights of victims of certain offences to
 
 
make representations and receive information about offenders.
 
"Victims’ Commissioner"

Source Bill 233 EN 2024-25

Victims ’ Commissioner

Victims’ Commissioner

 
"Commissioner’s power to act in individual cases relevant to public policy"

Source Bill 233 EN 2024-25

Clause 6 makes the following amendments to Section 51 the DVCVA.

Subsection (1) sets out that section 51 of DVCVA will be amended.

Subsection (2) moves the existing text at section 51 of DVCVA to become subsection (1) of that section.

Subsection (3) inserts an exception to the legislative bar preventing the Commissioner from exercising their functions in relation to particular victims and witnesses.

Subsection (4) details that exception as allowing the Commissioner to exercise their functions in relation to case of a particular victim or witness where the Commissioner considers that: a. the case raises issues of public policy of relevance to other victims or witnesses; and b. the exercise of one of more of their functions in relation to the case is likely to promote the interests of other victims or witnesses in relation to those issues of public policy.

Subsection (5) gives the Commissioner the ability to exercise their functions in this way in relation to a victim or witness, regardless of when the conduct in relation to which the person is a victim or witness occurred (including if it occurred before clause 6 is commenced).

Subsection (6) gives “victim” and “witness” the same meaning given by section 52 of the DVCVA.
6
Commissioner’s power to act in individual cases relevant to public policy
25
 
(1)
Section 51 of the Domestic Violence, Crime and Victims Act 2004 (restrictions
 
 
on exercise of victims’ commissioner’s functions) is amended as follows.
 
 
(2)
The existing text becomes subsection (1) .
 
 
(3)
In that subsection , in paragraph (a) , at the end insert “, except as mentioned
 
 
in subsection (2) ”.
30
 
(4)
After that subsection insert—
 
 
“(2)
Where the Commissioner considers that—
 
 
(a)
the case of a particular victim or witness raises issues of public
 
 
policy of relevance to other victims or witnesses, and
 
 
(b)
the exercise of a function of the Commissioner in relation to
35
 
that case is likely to promote the interests of other victims or
 
 
witnesses in relation to those issues of public policy,
 

Page 9

 
the Commissioner may exercise that function for that purpose.”
 
 
(5)
The amendments made by this section have effect in relation to a person who
 
 
is a victim or witness regardless of when the conduct in relation to which
 
 
the person is a victim or witness occurred.
 
 
(6)
In subsection (5) “victim” and “witness” have the meaning given by section
5
 
52 of the Domestic Violence, Crime and Victims Act 2004.
 
"Duty to co-operate with Commissioner: anti-social behaviour"

Source Bill 233 EN 2024-25

Clause 7 makes the following amendments to the DVCVA.

Subsection (1) sets out that the DVCVA will be amended.

Subsection (2) inserts a new section 51B into the DVCVA. Subsection (1) of the new section 51B provides that the Victims' Commissioner may request a local authority or relevant provider of social housing to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of the Commissioner's functions, so far as those functions are exercisable in respect of victims and witnesses of antisocial behaviour.

Subsection (2) of the new section 51B provides that the Commissioner may make such a request to a relevant provider of social housing only in respect of matters that relate to social housing.

Subsection (3) of the new section 51B outlines that the local authority or relevant provider of social housing must comply with a request made to it under section 51B, so far as it is appropriate and reasonably practicable for the authority or the provider to do so.

Subsection (4) of the new section 51B sets out the meaning of “local authority": a. (a) in relation to England, local authority means - (i) a district council; (ii) a county council; (iii) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; (iv) a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023; (v) a London borough council; (vi) the Common Council of the City of London; (vii) the Council of the Isles of Scilly; b. (b) in relation to Wales, local authority means a county council or a county borough council.

Subsection (4) of the new section 51B also sets out that "relevant provider of social housing" means a private registered provider of social housing or a body registered as a social landlord under section 3 of the Housing Act 1996; and that "social housing" has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.

Subsection (3) amends section 51A of the DVCVA to insert ": victims' code services" in the heading of that section.

Subsection (4) amends subsection (1) of section 52 of the DVCVA by substituting "51" for "51B".
7
Duty to co-operate with Commissioner: anti-social behaviour
 
 
(1)
The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
 
 
(2)
After section 51A (duty to co-operate with Commissioner) insert—
 
"Duty to co-operate with Commissioner: anti-social behaviour"

Source Bill 233 EN 2024-25

Duty to co-operate with Commissioner: anti-social behaviour
“51B
Duty to co-operate with Commissioner: anti-social behaviour
10
 
(1)
The Commissioner may request a local authority or a relevant provider
 
 
of social housing to co-operate with the Commissioner in any way
 
 
that the Commissioner considers necessary for the purposes of the
 
 
Commissioner’s functions, so far as those functions are exercisable in
 
 
respect of victims and witnesses of anti-social behaviour.
15
 
(2)
But such a request may be made to a relevant provider of social
 
 
housing only in respect of matters that relate to social housing.
 
 
(3)
A local authority or a relevant provider of social housing must comply
 
 
with a request made to it under this section, so far as it is appropriate
 
 
and reasonably practicable for the authority or the provider to do so.
20
 
(4)
In this section—
 
 
“local authority” —
 
 
(a)
in relation to England, means—
 
 
(i)
a district council;
 
 
(ii)
a county council;
25
 
(iii)
a combined authority established under section
 
 
103 of the Local Democracy, Economic
 
 
Development and Construction Act 2009;
 
 
(iv)
a combined county authority established under
 
 
section 9 of the Levelling-up and Regeneration
30
 
Act 2023;
 
 
(v)
a London borough council;
 
 
(vi)
the Common Council of the City of London in
 
 
its capacity as a local authority;
 
 
(vii)
the Council of the Isles of Scilly;
35
 
(b)
in relation to Wales, means a county council or a county
 
 
borough council;
 
 
“relevant provider of social housing” means a private registered
 
 
provider of social housing or a body registered as a social
 
 
landlord under section 3 of the Housing Act 1996 ;
40
 
“social housing” has the same meaning as in Part 2 of the Housing
 
 
and Regeneration Act 2008.”
 

Page 10

 
(3)
In section 51A , in the heading, at the end insert “: providers of victims’ code
 
 
services”.
 
 
(4)
In section 52 (meaning of “victims” and “witnesses” etc), in subsection (1)
 
 
, for “51” substitute “ 51B ”.
 
"Duty of Commissioner to report on compliance with victims’ code"

Source Bill 233 EN 2024-25

Clause 8 makes the following amendments to the 2024 Act.

Subsection (1) sets out that the 2024 Act will be amended.

Subsection (2)(a) removes the requirement contained in section 11(4)(a) of the 2024 Act for the Secretary of State (in practice the Secretary of State for Justice and the Home Secretary) and the Attorney General to consult the Commissioner on their Code compliance report, published under section 11(1)(b) of the 2024 Act.

Subsection (2)(b) inserts a requirement for the Secretary of State (in practice the Secretary of State for Justice and the Home Secretary) and the Attorney General to have regard to the Commissioner's Code compliance report for a period when preparing their own report for that period, pursuant to section 11(1)(b) of the 2024 Act.

Subsection (3) amends the 2024 Act to insert a new section 11A into the 2024 Act. Subsection (1) of the new section 11A requires the Commissioner to make a report to the Secretary of State (in practice the Secretary of State for Justice and the Home Secretary) and the Attorney General on the Code compliance of the persons mentioned in section 11(6) of the 2024 Act. This must cover each period in relation to which the Secretary of State and the Attorney General are required to prepare and publish a report under section 11(1)(b) of the 2024 Act.

Subsection (2) of the new section 11A requires the Commissioner to publish their report.

Subsection (3) of the new section 11A makes clear that Section 49A of the DVCVA (duty to respond to Commissioner's recommendations) applies to the Commissioner's Code compliance report, when containing recommendations to an authority within the Commissioner's remit, as it does to recommendations contained in the Commissioner's other reports (produced pursuant to section 49(2)(b) or (4) of the DVCVA).

Subsection (4) of the new section 11A makes clear that section 53 of the DVCVA applies to new section 11A as they apply to Part 3 of the DVCVA, with the effect that “those authorities within the Commissioner's remit" in section 11A(3) means those authorities listed in Schedule 9 to the DVCVA.

Subsection (5) of the new section 11A set out that, for the purposes of section 11A, "code compliance" of a person is whether and how the services provided by the person in the relevant area are provided in accordance with the duty in section 5(1) of the 2024 Act.
8
Duty of Commissioner to report on compliance with victims’ code
5
 
(1)
The Victims and Prisoners Act 2024 is amended as follows.
 
 
(2)
In section 11 (reviewing code compliance: Secretary of State and Attorney
 
 
General)—
 
 
(a)
in subsection (4) omit paragraph (a) ;
 
 
(b)
after subsection (8) insert—
10
 
“(8A)
In preparing a report under subsection (1)(b) in relation to a
 
 
period, the Secretary of State and the Attorney General must
 
 
have regard to any report made by the Commissioner for
 
 
Victims and Witnesses under section 11A (1) that relates to that
 
 
period.”
15
 
(3)
After section 11 insert—
 
"Reviewing code compliance: Commissioner for Victims and Witnesses"

Source Bill 233 EN 2024-25

Reviewing code compliance: Commissioner for Victims and Witnesses
“11A
Reviewing code compliance: Commissioner for Victims and Witnesses
 
 
(1)
The Commissioner for Victims and Witnesses must make a report to
 
 
the Secretary of State and the Attorney General about the code
 
 
compliance of the persons mentioned in section 11(6) for each period
20
 
in relation to which the Secretary of State and the Attorney General
 
 
are required to prepare and publish a report under section 11(1)(b).
 
 
(2)
Reports under subsection (1) must be published by the Commissioner.
 
 
(3)
Section 49A of the Domestic Violence, Crime and Victims Act 2004
 
 
(duty to respond to Commissioner’s recommendations) applies in
25
 
relation to a report under subsection (1) containing recommendations
 
 
to an authority within the Commissioner’s remit as it applies in relation
 
 
to a report under section 49 (2) (b) or (4) of that Act .
 
 
(4)
Section 53 of that Act (authorities within the Commissioner’s remit)
 
 
applies for the purposes of subsection (3) as it applies for the purposes
30
 
of Part 3 of that Act.
 
 
(5)
In this section “code compliance” has the meaning given by section
 
 
11(7)(b).”
 
"Prosecutions"

Source Bill 233 EN 2024-25

Prosecutions

Prosecutions

 
"Appointment of Crown Prosecutors"

Source Bill 233 EN 2024-25

The first subsection removes the requirement in section 1(3) of the Prosecution of Offences Act (POA) 1985 that a CP must hold a "general qualification" as defined in section 71(3)(c) of the Courts and Legal Services Act 1990.

Under the current law, individuals designated as CPs by the DPP must have rights of audience in all Senior Courts or all proceedings in county or magistrates' courts. This has hindered some qualified legal professionals, including Chartered Institute of Legal Executives (CILEX) practitioners, from becoming CPs. This amendment removes the existing restriction around the need to hold the “general qualification” (which, in practice, means that individuals designated as CPs by the DPP) must have rights of audience in all Senior Courts or all proceedings in county or magistrates' courts). This change will allow the DPP to have greater flexibility to consider more qualified legal professionals, including CILEX practitioners, for CP roles.

This change increases the recruitment flexibility of the CPS by expanding the pool of eligible candidates for the CP role.

This subsection removes the "general qualification" requirement for individuals appointed under section 5(1) of the Prosecution of Offences Act 1985, which allows the DPP to assign the conduct of criminal proceedings to individuals who are not CPs.

Currently, section 5(1) of the Act restricts these appointments to individuals who hold a "general qualification" under section 71(3)(c) of the Courts and Legal Services Act 1990. This hinders the appointment of certain legal professionals, such as CILEX practitioners, from conducting criminal proceedings unless they hold additional qualifications.

By removing this restriction, the measure grants the DPP greater flexibility in determining who is qualified to conduct criminal proceedings, allowing a more diverse range of legal professionals to be considered for CP roles.
9
Appointment of Crown Prosecutors
35
 
(1)
The Prosecution of Offences Act 1985 is amended as follows.
 
 
(2)
In section 1 (the Crown Prosecution Service)—
 

Page 11

 
(a)
in subsection (3) omit “who has a general qualification (within the
 
 
meaning of section 71 of the Courts and Legal Services Act 1990)”;
 
 
(b)
after subsection (7) insert—
 
 
“(8)
Nothing in this section confers on persons designated for the
 
 
purposes of subsection (3)—
5
 
(a)
any rights of audience, or
 
 
(b)
any right to conduct litigation,
 
 
for the purposes of Part 3 of the Legal Services Act 2007
 
 
(reserved legal activities).
 
 
(9)
The following provisions of the Legal Services Act 2007
10
 
accordingly do not apply to persons designated for the
 
 
purposes of subsection (3)—
 
 
(a)
paragraph 1(3) of Schedule 3 (exemption for persons
 
 
with statutory rights of audience), and
 
 
(b)
paragraph 2(3) of that Schedule (exemption for persons
15
 
with statutory right to conduct litigation).”
 
 
(3)
In section 5 (conduct of prosecutions on behalf of the Crown Prosecution
 
 
Service)—
 
 
(a)
in subsection (1) omit “who has a general qualification (within the
 
 
meaning of section 71 of the Courts and Legal Services Act 1990)”;
20
 
(b)
after subsection (2) insert—
 
 
“(3)
Nothing in this section confers on persons appointed under
 
 
subsection (1)—
 
 
(a)
any rights of audience, or
 
 
(b)
any right to conduct litigation,
25
 
for the purposes of Part 3 of the Legal Services Act 2007
 
 
(reserved legal activities).
 
 
(4)
The following provisions of the Legal Services Act 2007
 
 
accordingly do not apply to persons appointed under subsection
 
 
(1)—
30
 
(a)
paragraph 1(3) of Schedule 3 (exemption for persons
 
 
with statutory rights of audience), and
 
 
(b)
paragraph 2(3) of that Schedule (exemption for persons
 
 
with statutory right to conduct litigation).”
 
"Private prosecutions: regulations about costs payable out of central funds"

Source Bill 233 EN 2024-25

The clause will amend section 17 of the POA 1985, which provides for costs orders to be made to a private prosecutor, for expenses incurred by them in those proceedings. The clause amends section 17 so that such costs orders for private prosecutors will be subject to regulations made under section 20(1A) of the POA 1985.

The clause will also amend section 20(1A) to extend the Lord Chancellor's existing power, to allow the Lord Chancellor to make regulations to set rates for the expenses which may be recovered by a private prosecutor from central funds under a section 17 costs order.

It is intended that the extended power in section 20(1A) will be used by the Lord Chancellor to set rates for private prosecutions in regulations, which will be fully consulted on prior to being laid.
10
Private prosecutions: regulations about costs payable out of central funds
35
 
(1)
The Prosecution of Offences Act 1985 is amended as follows.
 
 
(2)
In section 17 (prosecution costs)—
 
 
(a)
in subsection (1) —
 
 
(i)
in the words before paragraph (a) , for “subsections (2) and
 
 
(2A)” substitute “subsection (2)”;
40

Page 12

 
(ii)
for the words after paragraph (b) substitute “make an order in
 
 
favour of the prosecutor for a payment to be made out of
 
 
central funds in respect of the prosecutor’s expenses.”;
 
 
(b)
after subsection (2) insert—
 
 
“(2ZA)
An order under this section is, subject to the following
5
 
provisions of this section, to be for the payment out of central
 
 
funds to the prosecutor of such amount as the court considers
 
 
reasonably sufficient to compensate the prosecutor for any
 
 
expenses properly incurred by them in the proceedings.”;
 
 
(c)
in subsection (2A) , for “subsection (1)” substitute “ subsection (2ZA) ”;
10
 
(d)
after subsection (2A) insert—
 
 
“(2AA)
Subsections (2ZA) and (2A) have effect subject to regulations
 
 
under section 20(1A)(d).”
 
 
(3)
In section 20 (regulations), in subsection (1B) omit paragraph (a) together
 
 
with the final “and”.
15
"Sentencing reviews etc"

Source Bill 233 EN 2024-25

Sentencing reviews etc

Sentencing reviews etc

 
"Reviews of sentencing: time limits"

Source Bill 233 EN 2024-25

Subsection (2) amends paragraph 1 of Schedule 3 to the Criminal Justice Act 1988. It inserts new sub-paragraphs (2) to (4), which apply only in England and Wales.

New sub-paragraph (2) provides that, where the Attorney General receives a request to review a sentence in the last 14 days of the28-day period, they may apply for leave to refer the sentence to the Court of Appeal within 14 days of receiving that request. This is the limited extent to which the time limit is extended beyond the 28-day period.

New sub-paragraph (3) provides that a certificate of the Attorney General is conclusive evidence of when a request to review a sentence is received.

New sub-paragraph (4) sets out that, where the Attorney General receives multiple requests to review a sentence, the references to a request to review a sentence in new sub-paragraphs (2) to (3) are to the first request that is received. Calculation of the time limit to apply for leave to refer a case is therefore from the first request that is received and not any subsequent requests.

Subsection (3) specifies that new sub-paragraphs (2) to (4) do not apply to Northern Ireland.
11
Reviews of sentencing: time limits
 
 
(1)
Schedule 3 to the Criminal Justice Act 1988 (reviews of sentencing —
 
 
supplementary) is amended as follows.
 
 
(2)
In paragraph 1 (time limit for notice of application for leave to refer a case)—
20
 
(a)
the existing provision becomes sub-paragraph (1);
 
 
(b)
at the end of that sub-paragraph insert “; but in England and Wales
 
 
this is subject to sub-paragraph (2) .”;
 
 
(c)
after that sub-paragraph insert—
 
 
“(2)
Where—
25
 
(a)
the Attorney General receives a request to review the
 
 
sentencing of a person, and
 
 
(b)
the request is received in the last 14 days of the
 
 
28-day period mentioned in sub-paragraph (1),
 
 
notice of an application for leave to refer the case in question
30
 
to the Court of Appeal under section 36 may be given within
 
 
14 days from the day on which the request is received.
 
 
(3)
For the purposes of this Part, a certificate of the Attorney
 
 
General as to the date on which a request to review the
 
 
sentencing of a person was received is conclusive evidence
35
 
of that fact.
 
 
(4)
Where more than one request to review the sentencing of a
 
 
person is received, references in sub-paragraphs (2) and (3)
 
 
to a request are to the first request that is received.”
 

Page 13

 
(3)
In paragraph 12 (application of Schedule to Northern Ireland), after paragraph
 
 
(d) insert—
 
 
“(da)
paragraph 1 has effect as if sub-paragraphs (2) to (4) were
 
 
omitted;”.
 
"Terms of imprisonment for certain offences on summary conviction"

Source Bill 233 EN 2024-25

Clause 12 substitutes “the general limit in a magistrates' court” for “6 months" in the following six offences which are triable-either way so that they are subject to the general limit in the magistrates' court as specified in section 224(1A)(b) of the Sentencing Code: a. Section 1(6)(a) of the Prevention of Social Housing Fraud Act 2013 (unlawful sub-letting: secure tenancies); b. Section 2(7)(a) of the Prevention of Social Housing Fraud Act 2013 (unlawful sub-letting: assured tenancies and secure contracts); C. Section 30(3)(b) of the Modern Slavery Act 2015 (breach of various orders or requirements under this Act); d. Section 339(2)(a) of the Sentencing Act 2020 (breach of a criminal behaviour order); e. Section 354(4)(a) of the Sentencing Act 2020 (breach of a sexual harm prevention order); and f. Section 363(2)(a) of the Sentencing Act 2020 (breach of a restraining order).
12
Terms of imprisonment for certain offences on summary conviction
5
 
(1)
In each of the following provisions for “6 months” substitute “the general
 
 
limit in a magistrates’ court”—
 
 
section 1 (6) (a) of the Prevention of Social Housing Fraud Act 2013
 
 
(unlawful sub-letting: secure tenancies);
 
 
section 2 (7) (a) of that Act (unlawful sub-letting: assured tenancies and
10
 
secure contracts);
 
 
section 30 (3) (b) of the Modern Slavery Act 2015 (breach of certain
 
 
orders or requirements);
 
 
section 339 (2) (a) of the Sentencing Code (breach of criminal behaviour
 
 
order);
15
 
section 354(4)(a) of the Sentencing Code (breach of sexual harm
 
 
prevention order);
 
 
section 363(2)(a) of the Sentencing Code (breach of restraining order).
 
 
(2)
An amendment made by subsection (1) has effect only in relation to an offence
 
 
for which a person is convicted on or after the day on which this section
20
 
comes into force.
 
"Final provisions"

Source Bill 233 EN 2024-25

Final provisions

Final provisions

 
"Power to make consequential provision"

Source Bill 233 EN 2024-25

Clause 13(1), (2) and (4) creates a power for the Secretary of State to make any consequential amendments that may be required to existing law to ensure consistency in the statute book and operability of the provisions of this Bill by way of regulations subject to draft affirmative procedure. Subsections (3) and (5) provide that these regulations can make supplementary, incidental, transitional or saving provision, and that these elements will be subject to negative procedure.
13
Power to make consequential provision
 
 
(1)
The Secretary of State may by regulations made by statutory instrument make
 
 
provision that is consequential on this Act.
25
 
(2)
Regulations under this section may amend, repeal or revoke provision made
 
 
by or under an Act passed—
 
 
(a)
before this Act, or
 
 
(b)
later in the same session of Parliament as this Act.
 
 
(3)
Regulations under this section may make supplementary, incidental,
30
 
transitional or saving provision.
 
 
(4)
A statutory instrument containing (whether alone or with other provision)
 
 
regulations under this section that amend or repeal provision made by an
 
 
Act may not be made unless a draft of the instrument has been laid before
 
 
and approved by a resolution of each House of Parliament.
35
 
(5)
Any other statutory instrument containing regulations under this section is
 
 
subject to annulment in pursuance of a resolution of either House of
 
 
Parliament.
 

Page 14

"Extent"

Source Bill 233 EN 2024-25

Clause 14(1) provides that any amendment or repeal made by this Bill has the same extent within the United Kingdom as the provision amended or repealed, with the effect that all provisions of the Bill, bar clause 2, clause 11 and clauses 13-16, extend to England and Wales. Clause 2 and clauses 13-16 are dealt with below. Clause 11 extends and applies to England and Wales; it also extends to Northern Ireland but does not apply there.

Subsection (2) provides that section 384 of the Armed Forces Act 2006 (extent outside the United Kingdom) applies to amendments made by clause 2 of the Bill as those provisions apply to provisions of that Act, with the effect that the amendments made by clause 2 extend to England and Wales, Scotland, Northern Ireland, the Isle of Man and the British Overseas Territories except Gibraltar, and may be extended to the Channel Islands by Order in Council. They apply to armed forces personnel and civilians subject to service discipline wherever they are in the world.
14
Extent
 
 
(1)
An amendment or repeal made by this Act has the same extent within the
 
 
United Kingdom as the provision amended or repealed.
 
 
(2)
Subsections (1) and (2) of section 384 of the Armed Forces Act 2006 (extent
 
 
outside the United Kingdom) apply to the amendments made by section 2
5
 
as those subsections apply to the provisions of that Act .
 
 
(3)
Except as mentioned above, this Act extends to England and Wales, Scotland
 
 
and Northern Ireland.
 
"Commencement and transitional provision"

Source Bill 233 EN 2024-25

Subsection (3) provides that clauses 13-16 (General) extend to England and Wales, Scotland and Northern Ireland.

Clause 15(1), (2) and (3) provide that all of the provisions of the Bill will come into force on such day as the Secretary of State appoints via regulations, apart from clauses 9, 10, 11 and 12 of the Bill which will come into force two months after Royal Assent, and clauses 13-16 (General) which will come into force on the day on which the Bill becomes an Act of Parliament.

Subsections (4), (5) and (6) provide for the Secretary of State to make transitional or saving provision by way of regulations in connection with the coming into force of any provision of the Bill, and that these regulations will be subject to negative procedure.
15
Commencement and transitional provision
 
 
(1)
Except as mentioned in subsections (2) and (3) , this Act comes into force on
10
 
such day as the Secretary of State may by regulations made by statutory
 
 
instrument appoint.
 
 
(2)
The following provisions come into force at the end of the period of two
 
 
months beginning with the day on which this Act is passed—
 
 
(a)
section 9 (appointment of Crown Prosecutors);
15
 
(b)
section 10 (private prosecutions: costs payable out of central funds);
 
 
(c)
section 11 (reviews of sentencing: time limits);
 
 
(d)
section 12 (terms of imprisonment for certain offences on summary
 
 
conviction).
 
 
(3)
Sections 13 ​ and 14 , ​ this section ​ and ​ section 16 ​come into force on the day on
20
 
which this Act is passed.
 
 
(4)
The Secretary of State may by regulations made by statutory instrument make
 
 
transitional provision and savings in connection with the coming into force
 
 
of any provision of this Act.
 
 
(5)
Transitional provision and savings made under this section are additional,
25
 
and without prejudice, to those made by or under any other provision of this
 
 
Act.
 
 
(6)
Regulations under this section may make different provision for different
 
 
purposes.
 
"Short title"

Source Bill 233 EN 2024-25

This clause provides that the short title of the Bill will be the Victims and Courts Act 2025, once the Bill becomes an Act.
16
Short title
30
 
This Act may be cited as the Victims and Courts Act 2025 .
 

Page 15

"Schedules"

Source Bill 233 EN 2024-25

Schedules

Schedules

 
"Section 3"

Source Bill 233 EN 2024-25

Section 3
 
Schedule 1
Section 3
 
"Restriction of parental responsibility: serious sexual offences"

Source Bill 233 EN 2024-25

Restriction of parental responsibility: serious sexual offences

Restriction of parental responsibility: serious sexual offences

 
 
1
Before Schedule A1 to the Children Act 1989 insert—
 
"Section 10C"

Source Bill 233 EN 2024-25

Section 10C
 
“Schedule ZA1
Section 10C
5
"Serious sexual offences for the purposes of section"

Source Bill 233 EN 2024-25

Serious sexual offences for the purposes of section 10C

Serious sexual offences for the purposes of section

 
"Protection of Children Act 1978"

Source Bill 233 EN 2024-25

Protection of Children Act 1978

Protection of Children Act 1978

 
 
1
An offence under section 1 of the Protection of Children Act 1978
 
 
(indecent photographs of children).
 
"Criminal Justice Act 1988"

Source Bill 233 EN 2024-25

Criminal Justice Act 1988

Criminal Justice Act 1988

10
 
2
An offence under section 160 of the Criminal Justice Act 1988
 
 
(possession of indecent photograph of a child).
 
"Sexual Offences Act 2003"

Source Bill 233 EN 2024-25

Sexual Offences Act 2003

Sexual Offences Act 2003

 
 
3
An offence under any of the following provisions of the Sexual
 
 
Offences Act 2003—
15
 
(a)
section 1 (rape);
 
 
(b)
section 2 (assault by penetration);
 
 
(c)
section 3 (sexual assault);
 
 
(d)
section 4 (causing a person to engage in sexual activity
 
 
without consent);
20
 
(e)
section 5 (rape of a child under 13);
 
 
(f)
section 6 (assault of a child under 13 by penetration);
 
 
(g)
section 7 (sexual assault of a child under 13);
 
 
(h)
section 8 (causing or inciting a child under 13 to engage
 
 
in sexual activity);
25
 
(i)
section 9 (sexual activity with a child);
 
 
(j)
section 10 (causing or inciting a child to engage in sexual
 
 
activity);
 
 
(k)
section 11 (engaging in sexual activity in the presence of
 
 
a child);
30
 
(l)
section 12 (causing a child to watch a sexual act);
 
 
(m)
section 13 (child sex offences committed by children or
 
 
young persons);
 
 
(n)
section 14 (arranging or facilitating commission of a child
 
 
sex offence);
35

Page 16

 
(o)
section 15 (meeting a child following sexual grooming
 
 
etc);
 
 
(p)
section 16 (abuse of position of trust: sexual activity with
 
 
a child);
 
 
(q)
section 17 (abuse of position of trust: causing or inciting
5
 
a child to engage in sexual activity);
 
 
(r)
section 18 (abuse of position of trust: sexual activity in the
 
 
presence of a child);
 
 
(s)
section 19 (abuse of position of trust: causing a child to
 
 
watch a sexual act);
10
 
(t)
section 25 (sexual activity with a child family member);
 
 
(u)
section 26 (inciting a child family member to engage in
 
 
sexual activity);
 
 
(v)
section 47 (paying for sexual services of a child);
 
 
(w)
section 48 (causing or inciting sexual exploitation of a
15
 
child);
 
 
(x)
section 49 (controlling a child in relation to sexual
 
 
exploitation);
 
 
(y)
section 50 (arranging or facilitating sexual exploitation of
 
 
a child).
20
"Inchoate offences"

Source Bill 233 EN 2024-25

Inchoate offences

Inchoate offences

 
 
4
An inchoate offence (within the meaning of section 398 of the
 
 
Sentencing Code) in relation to any offence specified in this
 
 
Schedule.”
 
"Section 5"

Source Bill 233 EN 2024-25

Section 5
 
Schedule 2
Section 5
25
"Victims’ rights to make representations and receive information etc"

Source Bill 233 EN 2024-25

Victims ’ rights to make representations and receive information etc

Victims’ rights to make representations and receive information etc

 

Source Bill 233 EN 2024-25

Part 1

Part 1

 
"Representations and information"

Source Bill 233 EN 2024-25

Representations and information

Representations and information

 
"Introduction"

Source Bill 233 EN 2024-25

Introduction

Introduction

 
 
1
The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
30
 
2
(1)
Chapter 2 of Part 3 (representations and information) becomes Chapter 1
 
 
of a new Part 3A.
 
 
(2)
New Part 3A (created by sub-paragraph (1) ) is to have the heading “Victims’
 
 
rights to make representations and receive information etc”.
 
 
(3)
Chapter 3 of Part 3 (other matters relating to victims etc) becomes a new
35
 
Part 3B with the heading “Other matters relating to victims etc”.
 

Page 17

"Imprisonment or detention"

Source Bill 233 EN 2024-25

Imprisonment or detention

Imprisonment or detention

 
 
3
(1)
Section 35 (victims’ rights to make representations and receive information)
 
 
is amended as follows.
 
 
(2)
For subsection (1) substitute—
 
 
“(1)
This section applies if—
5
 
(a)
a court convicts a person of an offence listed in Part 1 of
 
 
Schedule 6A and a life sentence or a sentence of
 
 
imprisonment or detention for a term of at least the specified
 
 
sentence length is imposed on the person in respect of the
 
 
offence, or
10
 
(b)
a court convicts a person of an offence listed in Part 2 of
 
 
Schedule 6A and a sentence of imprisonment or detention
 
 
is imposed on the person in respect of the offence.”
 
 
(3)
In subsection (3) , in the words before paragraph (a) —
 
 
(a)
for “local probation board for the area in which the sentence is
15
 
imposed, or the provider of probation services operating in the local
 
 
justice area in which the sentence is imposed,” substitute “provider
 
 
of probation services”;
 
 
(b)
for “the board” substitute “the provider”.
 
 
(4)
Omit subsection (3A) .
20
 
(5)
For subsection (5) substitute—
 
 
“(5)
The information is—
 
 
(a)
information about the release, or consideration for release,
 
 
of the offender;
 
 
(b)
information about any licence conditions or supervision
25
 
requirements in connection with the offender’s release.”
 
 
(6)
In subsection (6) —
 
 
(a)
for “local probation board or provider of probation services
 
 
mentioned in that subsection or the relevant probation body”
 
 
substitute “provider of probation services”;
30
 
(b)
for “relevant probation body must” substitute “provider of probation
 
 
services must”.
 
 
(7)
For subsection (7) substitute—
 
 
“(7)
If the provider of probation services has ascertained under subsection
 
 
(3) that a person wishes to receive the information specified in
35
 
subsection (5), the provider of probation services must take all
 
 
reasonable steps—
 
 
(a)
so far as the provider considers it appropriate to do so, to
 
 
provide that person with—
 
 
(i)
information about the release, or consideration for
40
 
release, of the offender;
 

Page 18

 
(ii)
information about the imposition of licence conditions
 
 
or supervision requirements in connection with the
 
 
offender’s release;
 
 
(iii)
details of any such conditions or requirements which
 
 
the provider considers relate to the victim or the
5
 
victim’s family, and
 
 
(b)
to provide that person with such other information as the
 
 
provider considers appropriate in all the circumstances of
 
 
the case.”
 
 
(8)
Omit subsection (8) .
10
"Hospital orders"

Source Bill 233 EN 2024-25

Hospital orders

Hospital orders

 
 
4
(1)
Section 36 (victims’ rights: preliminary) is amended as follows.
 
 
(2)
In subsection (2) , in the words before paragraph (a) , for “a sexual, violent
 
 
or terrorism offence” substitute “an offence listed in Part 1 or Part 2 of
 
 
Schedule 6A ”.
15
 
(3)
In subsection (4) , in the words before paragraph (a) —
 
 
(a)
for the words from “local probation board” to “must” substitute
 
 
“provider of probation services must”;
 
 
(b)
for “the board” substitute “the provider”.
 
 
(4)
Omit subsection (4A) .
20
 
(5)
For subsection (6) substitute—
 
 
“(6)
The information is—
 
 
(a)
information about the discharge or release, or consideration
 
 
for discharge or release, of the patient;
 
 
(b)
information about any conditions in connection with the
25
 
patient’s discharge;
 
 
(c)
information about any licence conditions or supervision
 
 
requirements in connection with the patient’s release.”
 
 
5
(1)
Section 36A (supplemental provision for case where no restriction order
 
 
made) is amended as follows.
30
 
(2)
In subsection (2) , in the words before paragraph (a) —
 
 
(a)
for “Subsection (3) applies” substitute “ Subsections (3) and (3A)
 
 
apply”;
 
 
(b)
for “local probation board or provider of probation services
 
 
mentioned in section 36(4)” substitute “provider of probation
35
 
services”.
 
 
(3)
For subsection (3) substitute—
 
 
“(3)
The provider of probation services must take all reasonable steps
 
 
to notify the managers of the relevant hospital of that person’s wish
 
 
and of that person’s name and address.
40

Page 19

 
(3A)
The provider of probation services may notify that person of the
 
 
name and address of the relevant hospital.”
 
 
(4)
In subsection (4) —
 
 
(a)
for “Subsection (5) applies” substitute “Subsections (5) and (5A)
 
 
apply”;
5
 
(b)
for “local probation board or provider of probation services
 
 
mentioned in section 36(4)” substitute “provider of probation
 
 
services”.
 
 
(5)
In subsection (5) —
 
 
(a)
in the words before paragraph (a) , for “local probation board or
10
 
provider of probation services mentioned in section 36(4)” substitute
 
 
“provider of probation services”;
 
 
(b)
in paragraph (b) —
 
 
(i)
in the words before sub-paragraph (i) omit “board or”;
 
 
(ii)
omit the “and” after sub-paragraph (i) ;
15
 
(iii)
omit sub-paragraph (ii) .
 
 
(6)
After subsection (5) insert—
 
 
“(5A)
The provider of probation services may notify that person of the
 
 
name and address of the relevant hospital.”
 
 
6
(1)
Section 37 (representations where restriction order made) is amended as
20
 
follows.
 
 
(2)
In subsection (2) —
 
 
(a)
in paragraph (a) , for “local probation board or provider of probation
 
 
services mentioned in section 36(4) or the relevant probation body”
 
 
substitute “provider of probation services”;
25
 
(b)
in paragraph (b) , for “relevant probation body” substitute “provider
 
 
of probation services”;
 
 
(c)
in the words after paragraph (b) , for “relevant probation body”
 
 
substitute “provider of probation services”.
 
 
(3)
In subsection (4) , in the words before paragraph (a) , for “relevant probation
30
 
body” substitute “provider of probation services”.
 
 
(4)
In subsection (5) —
 
 
(a)
in the words before paragraph (a) , for “relevant probation body”
 
 
substitute “provider of probation services”;
 
 
(b)
in paragraph (b) , after “section 71” insert “or 75”.
35
 
(5)
In subsection (6) —
 
 
(a)
in paragraph (a) , for “relevant probation body” substitute “provider
 
 
of probation services”;
 
 
(b)
in paragraph (b) —
 
 
(i)
in the words before sub-paragraph (i) , for “relevant probation
40
 
body” substitute “provider of probation services”;
 

Page 20

 
(ii)
in sub-paragraph (ii) , for “relevant probation body or the
 
 
local probation board or provider of probation services
 
 
mentioned in section 36(4)” substitute “provider of probation
 
 
services”.
 
 
(6)
In subsection (7) , for “relevant probation body must” substitute “provider
5
 
of probation services must, so far as the provider considers appropriate to
 
 
do so,”.
 
 
(7)
Omit subsection (8) .
 
 
7
(1)
Section 37ZA (inserted by section 21 of the Victims and Prisoners Act 2024)
 
 
is amended as follows.
10
 
(2)
In subsection (2) —
 
 
(a)
in the words before paragraph (a) , for “relevant probation body”
 
 
substitute “provider of probation services”;
 
 
(b)
in paragraph (a) , for “body”, in both places it occurs, substitute
 
 
“provider”.
15
 
(3)
In subsection (5) omit the definition of “the relevant probation body”.
 
 
8
(1)
Section 37A (representations where restriction order not made) is amended
 
 
as follows.
 
 
(2)
For subsection (8) substitute—
 
 
“(8)
The managers of the relevant hospital must, so far as the managers
20
 
consider it appropriate to do so, provide the information to the
 
 
person or the provider of probation services.”
 
 
(3)
After subsection (8) insert—
 
 
“(8A)
If the managers of the relevant hospital provide the information to
 
 
the provider of probation services, it must provide the information
25
 
to the person.”
 
 
9
(1)
Section 38 (information where restriction order made) is amended as follows.
 
 
(2)
In subsection (2) —
 
 
(a)
in the words before paragraph (a) , for “relevant probation body”
 
 
substitute “provider of probation services”;
30
 
(b)
in paragraph (b) , for “relevant probation body” substitute “provider
 
 
of probation services”.
 
 
(3)
For subsection (3) substitute—
 
 
“(3)
The provider of probation services must take all reasonable steps—
 
 
(a)
so far as the provider considers it appropriate to do so, to
35
 
provide that person with—
 
 
(i)
information about the discharge, or consideration for
 
 
discharge, of the patient;
 
 
(ii)
information about the imposition of conditions in
 
 
connection with the patient’s discharge;
40

Page 21

 
(iii)
details of any such conditions which the provider
 
 
considers relate to the victim or the victim’s family;
 
 
(b)
if the restriction order in respect of the patient is to cease to
 
 
have effect, so far as the provider considers it appropriate
 
 
to do so, to notify that person of the date on which it is to
5
 
cease to have effect;
 
 
(c)
so far as the provider considers it appropriate to do so, to
 
 
provide that person with—
 
 
(i)
information about the grant to the patient of leave
 
 
to be absent from hospital under section 17 of the
10
 
Mental Health Act 1983 , or the consideration of the
 
 
patient for such leave;
 
 
(ii)
information about the imposition of conditions in
 
 
connection with the grant of such leave to the patient;
 
 
(iii)
details of any such conditions which the provider
15
 
considers relate to the victim or the victim’s family;
 
 
(d)
to provide that person which such other information as the
 
 
provider considers appropriate in all the circumstances of
 
 
the case.”
 
 
(4)
In subsection (4) , in the words before paragraph (a) , for “relevant probation
20
 
body” substitute “provider of probation services”.
 
 
(5)
In subsection (5) , in paragraph (b) , after “section 71” insert “or 75”.
 
 
(6)
In subsection (6) , in the words before paragraph (a) , for “relevant probation
 
 
body” substitute “provider of probation services”.
 
 
(7)
In subsection (7) , for “relevant probation body” substitute “provider of
25
 
probation services”.
 
 
(8)
Omit subsection (9) .
 
 
10
(1)
Section 38A (information where restriction order not made) is amended as
 
 
follows.
 
 
(2)
For subsection (2) substitute—
30
 
“(2)
The responsible clinician must provide the managers of the relevant
 
 
hospital with information the responsible clinician has about—
 
 
(a)
the making of an order for discharge in respect of the patient
 
 
under section 23 (2) of the Mental Health Act 1983 ;
 
 
(b)
the making of a community treatment order in respect of
35
 
the patient;
 
 
(c)
any conditions in connection with a community treatment
 
 
order in respect of the patient;
 
 
(d)
if a community treatment order is in force in respect of the
 
 
patient, of any variation to be made under section 17B (4) of
40
 
the Mental Health Act 1983 of the conditions specified in
 
 
the order;
 

Page 22

 
(e)
if a community treatment order in respect of the patient is
 
 
to cease to be in force, of the date on which it is to cease to
 
 
be in force;
 
 
(f)
if, following the examination of the patient under section 20
 
 
of the Mental Health Act 1983 , it does not appear to the
5
 
responsible clinician that the conditions set out in subsection
 
 
(4) of that section are satisfied, of the date on which the
 
 
authority for the patient’s detention is to expire;
 
 
(g)
the grant to the patient of leave to be absent from hospital
 
 
under section 17 of the Mental Health Act 1983 , or the
10
 
consideration of the patient for such leave;
 
 
(h)
details of any conditions in connection with the grant to the
 
 
patient of such leave.”
 
 
(3)
For subsection (7) substitute—
 
 
“(7)
The managers of the relevant hospital must take all reasonable
15
 
steps—
 
 
(a)
so far as the managers consider it appropriate to do so, to
 
 
provide that person or the provider with—
 
 
(i)
information about the discharge, or consideration for
 
 
discharge, of the patient under section 23 or 72 of
20
 
the Mental Health Act 1983 ;
 
 
(ii)
information about the making of a community
 
 
treatment order in respect of the patient;
 
 
(iii)
details of any conditions specified in a community
 
 
treatment order made in respect of the patient which
25
 
the managers consider relate to the victim or the
 
 
victim’s family;
 
 
(b)
if a community treatment order is in force in respect of the
 
 
patient and the conditions specified in the order are to be
 
 
varied under section 17B (4) of the Mental Health Act 1983
30
 
, so far as the managers consider it appropriate to do so, to
 
 
provide that person or the provider with details of any
 
 
variation which the managers consider relates to the victim
 
 
or the victim’s family;
 
 
(c)
if a community treatment order in respect of the patient is
35
 
to cease to be in force, so far as the managers consider it
 
 
appropriate to do so, to inform that person or the provider
 
 
of the date on which it is to cease to be in force;
 
 
(d)
if, following the examination of the patient under section 20
 
 
of the Mental Health Act 1983 , the authority for the patient’s
40
 
detention is not to be renewed, so far as the managers
 
 
consider it appropriate to do so, to inform that person or
 
 
the provider of the date on which the authority is to expire;
 
 
(e)
so far as the managers consider it appropriate to do so, to
 
 
provide that person or the provider with—
45

Page 23

 
(i)
information about the grant to the patient of leave
 
 
to be absent from hospital under section 17 of the
 
 
Mental Health Act 1983 , or the consideration of the
 
 
patient for such leave;
 
 
(ii)
information about the imposition of conditions in
5
 
connection with the grant to the patient of such leave;
 
 
(iii)
details of any such conditions which the managers
 
 
consider relate to the victim or the victim’s family;
 
 
(f)
to provide that person or the provider with such other
 
 
information as the managers consider appropriate in all the
10
 
circumstances of the case.”
 
 
(4)
After subsection (7) insert—
 
 
“(7A)
If the provider of probation services is provided with information
 
 
under subsection (7), it must provide the information to the person.”
 
 
11
(1)
Section 38B (removal of restriction) is amended as follows.
15
 
(2)
In subsection (2) —
 
 
(a)
in the words before paragraph (a) —
 
 
(i)
for “Subsection (3) applies” substitute “Subsections (3) and
 
 
(3A) apply”;
 
 
(ii)
for “relevant probation body” substitute “provider of
20
 
probation services”;
 
 
(b)
in paragraph (b) , for “relevant probation body” substitute “provider
 
 
of probation services”.
 
 
(3)
For subsection (3) substitute—
 
 
“(3)
The provider of probation services must take all reasonable steps
25
 
to notify the managers of the relevant hospital of an address at
 
 
which that person may be contacted.
 
 
(3A)
The provider of probation services may notify that person of the
 
 
name and address of the relevant hospital.”
 
 
(4)
Omit subsection (6) .
30
"Hospital directions"

Source Bill 233 EN 2024-25

Hospital directions

Hospital directions

 
 
12
(1)
Section 39 (victims’ rights: preliminary) is amended as follows.
 
 
(2)
In subsection (1) —
 
 
(a)
in paragraph (a) , for the words from “is convicted” to the end
 
 
substitute “—
35
 
“(i)
is convicted of an offence listed in Part 1 of
 
 
Schedule 6A and a life sentence or a sentence
 
 
of imprisonment or detention for a term of at
 
 
least the specified sentence length is imposed
 
 
on the offender in respect of the offence, or
40

Page 24

 
(ii)
is convicted of an offence listed in Part 2 of
 
 
Schedule 6A and a sentence of imprisonment
 
 
or detention is imposed on the offender in
 
 
respect of the offence, and”;
 
 
(b)
omit paragraph (b) and the “and” at the end.
5
 
(3)
In subsection (2) , in the words before paragraph (a) —
 
 
(a)
for “local probation board for the area in which the hospital direction
 
 
is given, or the provider of probation services operating in the local
 
 
justice area in which the hospital direction is given,” substitute
 
 
“provider of probation services”;
10
 
(b)
for “the board” substitute “the provider”.
 
 
(4)
Omit subsection (2A) .
 
 
(5)
For subsection (4) substitute—
 
 
“(4)
The information is—
 
 
(a)
information about the discharge or release, or consideration
15
 
for discharge or release, of the offender;
 
 
(b)
information about any conditions in connection with the
 
 
offender’s discharge;
 
 
(c)
information about any licence conditions or supervision
 
 
requirements in connection with the offender’s release.”
20
 
13
(1)
Section 40 (representations) is amended as follows.
 
 
(2)
In subsection (2) —
 
 
(a)
in paragraph (a) , for “local probation board or provider of probation
 
 
services mentioned in section 39(2) or the relevant probation body”
 
 
substitute “provider of probation services”;
25
 
(b)
in paragraph (b) for “relevant probation body” substitute “provider
 
 
of probation services”;
 
 
(c)
in the words after paragraph (b) for “relevant probation body”
 
 
substitute “provider of probation services”.
 
 
(3)
In subsection (4) , in the words before paragraph (a) , for “relevant probation
30
 
body” substitute “provider of probation services”.
 
 
(4)
In subsection (5) —
 
 
(a)
in the words before paragraph (a) , for “relevant probation body”
 
 
substitute “provider of probation services”;
 
 
(b)
in paragraph (b) , after “section 71” insert “or 75”.
35
 
(5)
In subsection (6) —
 
 
(a)
in paragraph (a) , for “relevant probation body” substitute “provider
 
 
of probation services”;
 
 
(b)
in paragraph (b) —
 
 
(i)
in the words before sub-paragraph (i) , for “relevant probation
40
 
body” substitute “provider of probation services”;
 

Page 25

 
(ii)
in sub-paragraph (ii) for the words from “relevant probation
 
 
body” to the end substitute “provider of probation services”.
 
 
(6)
In subsection (7) , for “relevant probation body must” substitute “provider
 
 
of probation services must, so far as the provider considers it appropriate
 
 
to do so,”.
5
 
(7)
Omit subsection (8) .
 
 
14
(1)
Section 41 (information) is amended as follows.
 
 
(2)
In subsection (2) —
 
 
(a)
in the words before paragraph (a) , for “relevant probation body”
 
 
substitute “provider of probation services”;
10
 
(b)
in paragraph (b) , for “relevant probation body” substitute “provider
 
 
of probation services”.
 
 
(3)
For subsection (3) substitute—
 
 
“(3)
The provider of probation services must take all reasonable steps—
 
 
(a)
so far as the provider considers it appropriate to do so, to
15
 
provide that person with—
 
 
(i)
information about the discharge, or consideration for
 
 
discharge, of the offender;
 
 
(ii)
information about the imposition of conditions in
 
 
connection with the offender’s discharge;
20
 
(iii)
details of any such conditions which the provider
 
 
considers relate to the victim or the victim’s family;
 
 
(b)
if the limitation direction in respect of the offender is to cease
 
 
to have effect, so far as the provider considers it appropriate
 
 
to do so, to notify that person of the date on which it is to
25
 
cease to have effect;
 
 
(c)
so far as the provider considers it appropriate to do so, to
 
 
provide that person with—
 
 
(i)
information about the release, or consideration for
 
 
release, of the offender;
30
 
(ii)
information about the imposition of licence conditions
 
 
or supervision requirements in connection with the
 
 
offender’s release;
 
 
(iii)
details of any such conditions or requirements which
 
 
the provider considers relate to the victim or the
35
 
victim’s family;
 
 
(d)
so far as the provider considers it appropriate to do so, to
 
 
provide that person with—
 
 
(i)
information about the grant to the offender of leave
 
 
to be absent from hospital under section 17 of the
40
 
Mental Health Act 1983 , or the consideration of the
 
 
offender for such leave;
 

Page 26

 
(ii)
information about the imposition of conditions in
 
 
connection with the grant to the offender of such
 
 
leave;
 
 
(iii)
details of any such conditions which the provider
 
 
considers relate to the victim or the victim’s family;
5
 
(e)
to provide that person with such other information as the
 
 
provider considers appropriate in all the circumstances of
 
 
the case.”
 
 
(4)
In subsection (4) —
 
 
(a)
in the words before paragraph (a) , for “relevant probation body”
10
 
substitute “provider of probation services”;
 
 
(b)
after paragraph (e) insert—
 
 
“(f)
whether the offender is to be granted leave to be
 
 
absent from hospital under section 17 of the Mental
 
 
Health Act 1983 ;
15
 
(g)
if so, whether the offender is to be granted such leave
 
 
subject to conditions;
 
 
(h)
if so, what the conditions are to be.”
 
 
(5)
In subsection (5) , in paragraph (b) , after “section 71” insert “or 75”.
 
 
(6)
In subsection (6) , in the words before paragraph (a) , for “relevant probation
20
 
body” substitute “provider of probation services”.
 
 
(7)
In subsection (7) , for “relevant probation body” substitute “provider of
 
 
probation services”.
 
 
(8)
Omit subsection (9) .
 
 
15
(1)
Section 41A (removal of restriction) is amended as follows.
25
 
(2)
In subsection (2) —
 
 
(a)
in the words before paragraph (a) —
 
 
(i)
for “Subsection (3) applies” substitute “Subsections (3) and
 
 
(3A) apply”;
 
 
(ii)
for “relevant probation body” substitute “provider of
30
 
probation services”;
 
 
(b)
in paragraph (b) , for “relevant probation body” substitute “provider
 
 
of probation services”.
 
 
(3)
For subsection (3) substitute—
 
 
“(3)
The provider of probation services must take all reasonable steps
35
 
to notify the managers of the relevant hospital of an address at
 
 
which that person may be contacted.
 
 
(3A)
The provider of probation services may notify that person of the
 
 
name and address of the relevant hospital.”
 
 
(4)
Omit subsection (6) .
40

Page 27

"Transfer directions"

Source Bill 233 EN 2024-25

Transfer directions

Transfer directions

 
 
16
(1)
Section 42 (victims’ rights: preliminary) is amended as follows.
 
 
(2)
In subsection (1) —
 
 
(a)
in paragraph (a) , for the words from “is convicted” to the end
 
 
substitute “—
5
 
“(i)
is convicted of an offence listed in Part 1 of
 
 
Schedule 6A and a life sentence or a sentence
 
 
of imprisonment or detention for a term of at
 
 
least the specified sentence length is imposed
 
 
on the offender in respect of the offence, or
10
 
(ii)
is convicted of an offence listed in Part 2 of
 
 
Schedule 6A and a sentence of imprisonment
 
 
or detention is imposed on the offender in
 
 
respect of the offence, and”
 
 
(b)
omit paragraph (b) and the “and” at the end.
15
 
(3)
In subsection (2) , in the words before paragraph (a) —
 
 
(a)
for the words from “local probation board” to “must” substitute
 
 
“provider of probation services must”;
 
 
(b)
omit “the board or”.
 
 
(4)
Omit subsection (2A) .
20
 
(5)
For subsection (4) substitute—
 
 
“(4)
The information is—
 
 
(a)
information about the discharge, or consideration for
 
 
discharge, of the offender;
 
 
(b)
information about any conditions in connection with the
25
 
offender’s discharge.”
 
 
17
(1)
Section 42A (supplemental provision for case where no restriction direction
 
 
given) is amended as follows.
 
 
(2)
In subsection (2) , in the words before paragraph (a) —
 
 
(a)
for “Subsection (3) applies” substitute “Subsections (3) and (3A)
30
 
apply”;
 
 
(b)
for “local probation board or provider of probation services
 
 
mentioned in section 42(2)” substitute “provider of probation
 
 
services”.
 
 
(3)
For subsection (3) substitute—
35
 
“(3)
The provider of probation services must notify the managers of the
 
 
hospital in which the patient is detained of that person’s wish and
 
 
of that person’s name and address.
 
 
(3A)
The provider of probation services may notify that person of the
 
 
name and address of the hospital in which the patient is detained.”
40

Page 28

 
(4)
In subsection (4) —
 
 
(a)
for “Subsection (5) applies” substitute “Subsections (5) and (5A)
 
 
apply”;
 
 
(b)
for “local probation board or provider of probation services
 
 
mentioned in section 42(2)” substitute “provider of probation
5
 
services”.
 
 
(5)
In subsection (5) —
 
 
(a)
in the words before paragraph (a) , for “local probation board or
 
 
provider of probation services mentioned in section 42(2)” substitute
 
 
“provider of probation services”;
10
 
(b)
in paragraph (b) —
 
 
(i)
in the words before sub-paragraph (i) omit “the board or”;
 
 
(ii)
omit the “and” at the end of sub-paragraph (i) ;
 
 
(iii)
omit sub-paragraph (ii) .
 
 
(6)
After subsection (5) insert—
15
 
“(5A)
The provider of probation services may notify that person of the
 
 
name and address of the relevant hospital.”
 
 
18
(1)
Section 43 (representations where restriction direction made) is amended
 
 
as follows.
 
 
(2)
In subsection (2) —
20
 
(a)
in paragraph (a) , for “local probation board or provider of probation
 
 
services mentioned in section 42(2) or the relevant probation body”
 
 
substitute “provider of probation services”;
 
 
(b)
in paragraph (b) , for “relevant probation body” substitute “provider
 
 
of probation services”;
25
 
(c)
in the words after paragraph (b) , for “relevant probation body”
 
 
substitute “provider of probation services”.
 
 
(3)
In subsection (3) , for “offender” substitute “patient”.
 
 
(4)
In subsection (4) —
 
 
(a)
in the words before paragraph (a) , for “relevant probation body”
30
 
substitute “provider of probation services”;
 
 
(b)
in paragraphs (a) , (b) and (c) , for “offender” substitute “patient”.
 
 
(5)
In subsection (5) —
 
 
(a)
in the words before paragraph (a) , for “relevant probation body”
 
 
substitute “provider of probation services”;
35
 
(b)
in paragraph (a) , for “offender” substitute “patient”;
 
 
(c)
in paragraph (b) —
 
 
(i)
for “offender’s” substitute “patient’s”;
 
 
(ii)
after “section 71” insert “or 75”.
 
 
(6)
In subsection (6) —
40
 
(a)
in paragraph (a) , for “relevant probation body” substitute “provider
 
 
of probation services”;
 

Page 29

 
(b)
in paragraph (b) —
 
 
(i)
in the words before sub-paragraph (i) , for “relevant probation
 
 
body” substitute “provider of probation services”;
 
 
(ii)
in sub-paragraph (ii) , for “relevant probation body” to the
 
 
end substitute “provider of probation services”.
5
 
(7)
In subsection (7) , for “relevant probation body must” substitute “provider
 
 
of probation services must, so far as the provider considers it appropriate
 
 
to do so,”.
 
 
(8)
Omit subsection (8) .
 
 
19
(1)
Section 43A (representations where restriction direction not given) is
10
 
amended as follows.
 
 
(2)
For subsection (8) substitute—
 
 
“(8)
The managers of the relevant hospital must, so far as the managers
 
 
consider it appropriate to do so, provide the information to the
 
 
person or the provider of probation services.”
15
 
(3)
After subsection (8) insert—
 
 
“(8A)
If the provider of probation services is provided with information
 
 
under subsection (8), it must provide the information to the person.”
 
 
20
(1)
Section 44 (information where restriction direction made) is amended as
 
 
follows.
20
 
(2)
In subsection (2) —
 
 
(a)
in the words before paragraph (a) , for “relevant probation body”
 
 
substitute “provider of probation services”;
 
 
(b)
in paragraph (b) , for “relevant probation body” substitute “provider
 
 
of probation services”.
25
 
(3)
For subsection (3) substitute—
 
 
“(3)
The provider of probation services must take all reasonable steps—
 
 
(a)
so far as the provider considers it appropriate to do so, to
 
 
provide that person with—
 
 
(i)
information about the discharge, or consideration for
30
 
discharge, of the patient;
 
 
(ii)
information about the imposition of conditions in
 
 
connection with the patient’s discharge;
 
 
(iii)
details of any such conditions which the provider
 
 
considers relate to the victim or the victim’s family;
35
 
(b)
if the restriction direction in respect of the patient is to cease
 
 
to have effect, so far as the provider considers it appropriate
 
 
to do so, to notify that person of the date on which it is to
 
 
cease to have effect;
 
 
(c)
so far as the provider considers it appropriate to do so, to
40
 
provide that person with—
 

Page 30

 
(i)
information about the release, or consideration for
 
 
release, of the patient;
 
 
(ii)
information about the imposition of licence conditions
 
 
or supervision requirements in connection with the
 
 
patient’s release;
5
 
(iii)
details of any such conditions or requirements which
 
 
the provider considers relate to the victim or the
 
 
victim’s family;
 
 
(d)
so far as the provider considers it appropriate to do so, to
 
 
provide that person with—
10
 
(i)
information about the grant to the patient of leave
 
 
to be absent from hospital under section 17 of the
 
 
Mental Health Act 1983 , or the consideration of the
 
 
offender for such leave;
 
 
(ii)
information about the imposition of conditions in
15
 
connection with the grant to the patient of such leave;
 
 
(iii)
details of any such conditions which the provider
 
 
considers relate to the victim or the victim’s family;
 
 
(e)
to provide that person with such other information as the
 
 
provider considers appropriate in all the circumstances of
20
 
the case.”
 
 
(4)
In subsection (4) —
 
 
(a)
in the words before paragraph (a) , for “relevant probation body”
 
 
substitute “provider of probation services”;
 
 
(b)
in paragraph (a) , for “offender” substitute “patient”.
25
 
(5)
In subsection (5) —
 
 
(a)
in paragraph (a) , for “offender” substitute “patient”;
 
 
(b)
in paragraph (b) —
 
 
(i)
for “offender’s” substitute “patient’s”;
 
 
(ii)
after “section 71” insert “or 75”.
30
 
(6)
In subsection (6) —
 
 
(a)
in the words before paragraph (a) , for “relevant probation body”
 
 
substitute “provider of probation services”;
 
 
(b)
in paragraph (b) , for “offender” substitute “patient”.
 
 
(7)
In subsection (7) , for “relevant probation body” substitute “provider of
35
 
probation services”.
 
 
(8)
Omit subsection (9) .
 
 
21
(1)
Section 44A (information where restriction direction not given) is amended
 
 
as follows.
 
 
(2)
For subsection (2) substitute—
40
 
“(2)
The responsible clinician must provide the managers of the relevant
 
 
hospital with information the responsible clinician has about—
 

Page 31

 
(a)
the making of an order for discharge in respect of the patient
 
 
under section 23 (2) of the Mental Health Act 1983 ;
 
 
(b)
the making of a community treatment order in respect of
 
 
the patient;
 
 
(c)
any conditions in connection with a community treatment
5
 
order in respect of the patient;
 
 
(d)
if a community treatment order is in force in respect of the
 
 
patient, of any variation to be made under section 17B (4) of
 
 
the Mental Health Act 1983 of the conditions specified in
 
 
the order;
10
 
(e)
if a community treatment order in respect of the patient is
 
 
to cease to be in force, of the date on which it is to cease to
 
 
be in force;
 
 
(f)
if, following the examination of the offender under section
 
 
20 of the Mental Health Act 1983 , it does not appear to the
15
 
responsible clinician that the conditions set out in subsection
 
 
(4) of that section are satisfied, of the date on which the
 
 
authority for the patient’s detention is to expire;
 
 
(g)
the grant to the patient of leave to be absent from hospital
 
 
under section 17 of the Mental Health Act 1983 , or the
20
 
consideration of the patient for such leave;
 
 
(h)
details of any conditions in connection with the grant to the
 
 
patient of such leave.”
 
 
(3)
For subsection (7) substitute—
 
 
“(7)
The managers of the relevant hospital must take all reasonable
25
 
steps—
 
 
(a)
so far as the managers consider it appropriate to do so, to
 
 
provide that person or the provider of probation services
 
 
with—
 
 
(i)
information about the discharge, or consideration for
30
 
discharge, of the patient under section 23 or 72 of
 
 
the Mental Health Act 1983 ;
 
 
(ii)
information about the making of a community
 
 
treatment order in respect of the patient;
 
 
(iii)
details of any conditions specified in a community
35
 
treatment order in respect of the patient which the
 
 
managers consider relate to the victim or the victim’s
 
 
family;
 
 
(b)
if a community treatment order is in force in respect of the
 
 
patient and the conditions specified in the order are to be
40
 
varied under section 17B (4) of the Mental Health Act 1983
 
 
, so far as the managers consider it appropriate to do so, to
 
 
provide that person or the provider with details of any
 
 
variation which the managers consider relates to the victim
 
 
or the victim’s family;
45

Page 32

 
(c)
if a community treatment order in respect of the patient is
 
 
to cease to be in force, so far as the managers consider it
 
 
appropriate to do so, to inform that person or the provider
 
 
of the date on which it is to cease to be in force;
 
 
(d)
if, following the examination of the offender under section
5
 
20 of the Mental Health Act 1983 , the authority for the
 
 
patient’s detention is not to be renewed, so far as the
 
 
managers consider it appropriate to do so, to inform that
 
 
person or the provider of the date on which the authority
 
 
is to expire;
10
 
(e)
so far as the managers consider it appropriate to do so, to
 
 
provide that person or the provider with—
 
 
(i)
information about the grant to the patient of leave
 
 
to be absent from hospital under section 17 of the
 
 
Mental Health Act 1983 , or the consideration of the
15
 
patient for such leave;
 
 
(ii)
information about the imposition of conditions in
 
 
connection with the grant to the patient of such leave;
 
 
(iii)
details of any such conditions which the managers
 
 
consider relate to the victim or the victim’s family;
20
 
(f)
to provide that person or the provider with such other
 
 
information as the managers consider appropriate in all the
 
 
circumstances of the case.”
 
 
(4)
After subsection (7) insert—
 
 
“(7A)
If the provider of probation services is provided with information
25
 
under subsection (7), it must provide the information to the person
 
 
who made the request.”
 
 
22
(1)
Section 44B (removal of restriction) is amended as follows.
 
 
(2)
In subsection (2) —
 
 
(a)
in the words before paragraph (a) —
30
 
(i)
for “Subsection (3) applies” substitute “ Subsections (3) and
 
 
(3A) apply”;
 
 
(ii)
for “relevant probation body” substitute “provider of
 
 
probation services”;
 
 
(b)
in paragraph (b) , for “relevant probation body” substitute “provider
35
 
of probation services”.
 
 
(3)
For subsection (3) substitute—
 
 
“(3)
The provider of probation services must take all reasonable steps
 
 
to notify the managers of the relevant hospital of an address at
 
 
which that person may be contacted.
40
 
(3A)
The provider of probation services may notify that person of the
 
 
name and address of the relevant hospital.”
 
 
(4)
Omit subsection (6) .
 

Page 33

Source Bill 233 EN 2024-25

Part 2

Part 2

 
"Information"

Source Bill 233 EN 2024-25

Information

Information

 
"Introduction"

Source Bill 233 EN 2024-25

Introduction

Introduction

 
 
23
New Part 3A of the Domestic Violence, Crime and Victims Act 2004 (created
 
 
by paragraph 2 (1) of this Schedule) is amended as follows.
5
"Victims’ rights to receive information"

Source Bill 233 EN 2024-25

Victims ’ rights to receive information

Victims’ rights to receive information

 
 
24
After section 44B insert—
 

Source Bill 233 EN 2024-25

Chapter 2

Chapter 2

 
"Information: victims’ rights"

Source Bill 233 EN 2024-25

Information: victims ’ rights

Information: victims’ rights

 
"Imprisonment or detention"

Source Bill 233 EN 2024-25

Imprisonment or detention

Imprisonment or detention

10
"Victims’ rights to receive information"

Source Bill 233 EN 2024-25

Victims ’ rights to receive information
44C
Victims’ rights to receive information
 
 
(1)
This section applies if—
 
 
(a)
one of these applies in respect of a person—
 
 
(i)
the person is convicted of an offence listed in Part 1
 
 
of Schedule 6A and a sentence of imprisonment or
15
 
detention for a term of less than the specified
 
 
sentence length is imposed on the offender in respect
 
 
of the offence,
 
 
(ii)
the person is convicted of an offence listed in Part 3
 
 
of Schedule 6A and a sentence of imprisonment or
20
 
detention is imposed on the offender in respect of
 
 
the offence, or
 
 
(iii)
the person is convicted of an offence where the
 
 
behaviour giving rise to the offence involved domestic
 
 
abuse within the meaning of the Domestic Abuse Act
25
 
2021 (see section 1 of that Act) and a sentence of
 
 
imprisonment or detention is imposed on the offender
 
 
in respect of the offence,
 
 
(b)
the provider of probation services receives a request for
 
 
information to be provided in accordance with this section,
30
 
and
 
 
(c)
the person who made the request appears to the provider
 
 
of probation services to be the victim of the offence or to act
 
 
for the victim of the offence.
 
 
(2)
But section 44H applies (instead of this section) if a hospital direction
35
 
and a limitation direction are given in relation to the offender.
 
 
(3)
The provider of probation services must take all reasonable steps—
 

Page 34

 
(a)
so far as the provider considers it appropriate to do so, to
 
 
provide the person who made the request with—
 
 
(i)
information about the release, or consideration for
 
 
release, of the offender;
 
 
(ii)
information about the imposition of licence conditions
5
 
or supervision requirements in connection with the
 
 
offender’s release;
 
 
(iii)
details of any such conditions or requirements which
 
 
the provider considers relate to the victim or the
 
 
victim’s family;
10
 
(b)
to provide the person with such other information as the
 
 
provider considers appropriate in all the circumstances of
 
 
the case.
 
"Hospital orders"

Source Bill 233 EN 2024-25

Hospital orders

Hospital orders

 
"Information where restriction order made"

Source Bill 233 EN 2024-25

Information where restriction order made
44D
Information where restriction order made
15
 
(1)
This section applies if—
 
 
(a)
a person (“the patient”) is charged with—
 
 
(i)
an offence that is listed in Part 3 of Schedule 6A , or
 
 
(ii)
an offence where the behaviour giving rise to the
 
 
charge involved domestic abuse within the meaning
20
 
of the Domestic Abuse Act 2021 (see section 1 of that
 
 
Act),
 
 
(b)
one of these applies in respect of the patient—
 
 
(i)
the patient is convicted of the offence;
 
 
(ii)
a verdict is returned that the patient is not guilty of
25
 
the offence by reason of insanity;
 
 
(iii)
a finding is made under section 4 of the Criminal
 
 
Procedure (Insanity) Act 1964 that the patient is under
 
 
a disability, and under section 4A of that Act that
 
 
the patient did the act or made the omission charged
30
 
against the patient as the offence,
 
 
(c)
a hospital order is made with a restriction order in respect
 
 
of the patient by a court dealing with the patient for the
 
 
offence,
 
 
(d)
the provider of probation services receives a request for
35
 
information to be provided in accordance with this section,
 
 
and
 
 
(e)
the person who made the request appears to the provider
 
 
of probation services to be the victim of the offence or to act
 
 
for the victim of the offence.
40
 
(2)
The provider of probation services must take all reasonable steps
 
 
to ascertain whether the hospital order and the restriction order
 
 
made in respect of the patient continue in force.
 

Page 35

 
(3)
If the hospital order and the restriction order continue in force, the
 
 
provider of probation services must take all reasonable steps—
 
 
(a)
so far as the provider considers it appropriate to do so, to
 
 
provide the person who made the request with—
 
 
(i)
information about the discharge, or consideration for
5
 
discharge, of the patient;
 
 
(ii)
information about the imposition of conditions in
 
 
connection with the patient’s discharge;
 
 
(iii)
details of any such conditions which the provider
 
 
considers relate to the victim or the victim’s family;
10
 
(b)
if the restriction order in respect of the patient is to cease to
 
 
have effect, so far as the provider considers it appropriate
 
 
to do so, to notify that person of the date on which it is to
 
 
cease to have effect;
 
 
(c)
so far as the provider considers it appropriate to do so, to
15
 
provide the person with—
 
 
(i)
information about the grant to the patient of leave
 
 
to be absent from hospital under section 17 of the
 
 
Mental Health Act 1983 , or the consideration of the
 
 
patient for such leave;
20
 
(ii)
information about the imposition of conditions in
 
 
connection with the grant to the patient of such leave;
 
 
(iii)
details of any such conditions which the provider
 
 
considers relate to the victim or the victim’s family;
 
 
(d)
to provide that person with such other information as the
25
 
provider considers appropriate in all the circumstances of
 
 
the case.
 
 
(4)
The Secretary of State must give the provider of probation services
 
 
such information as the Secretary of State considers appropriate for
 
 
the purpose of enabling the provider to carry out its functions under
30
 
subsection (3) .
 
 
(5)
But the Secretary of State is not required by subsection (4) to give
 
 
the provider of probation services information that the tribunal is
 
 
required to give the provider under subsection (7) .
 
 
(6)
Subsection (7) applies if—
35
 
(a)
an application is made to the First-tier Tribunal or the Mental
 
 
Health Review Tribunal for Wales by the patient under
 
 
section 69 , 70 or 75 of the Mental Health Act 1983
 
 
(applications concerning restricted patients), or
 
 
(b)
the Secretary of State refers the patient’s case to the First-tier
40
 
Tribunal or the Mental Health Review Tribunal for Wales
 
 
under section 71 or 75 of that Act (applications and references
 
 
concerning restricted patients).
 
 
(7)
The tribunal must inform the provider of probation services—
 

Page 36

 
(a)
whether the patient is to be discharged;
 
 
(b)
if so, whether the patient is to be discharged absolutely or
 
 
subject to conditions;
 
 
(c)
if the patient is to be discharged subject to conditions, what
 
 
the conditions are to be;
5
 
(d)
if the patient has been discharged subject to conditions, of
 
 
any variation of the conditions by the tribunal;
 
 
(e)
if the restriction order is to cease to have effect by virtue of
 
 
action to be taken by the tribunal, of the date on which the
 
 
restriction order is to cease to have effect.
10
"Victim impact statements where restriction order made"

Source Bill 233 EN 2024-25

Victim impact statements where restriction order made
44E
Victim impact statements where restriction order made
 
 
(1)
This section applies where—
 
 
(a)
a person (“the patient”) is charged with—
 
 
(i)
an offence that is listed in Part 3 of Schedule 6A , or
 
 
(ii)
an offence where the behaviour giving rise to the
15
 
charge involved domestic abuse within the meaning
 
 
of the Domestic Abuse Act 2021 (see section 1 of that
 
 
Act),
 
 
(b)
one of these applies in respect of the patient—
 
 
(i)
the patient is convicted of the offence;
20
 
(ii)
a verdict is returned that the patient is not guilty of
 
 
the offence by reason of insanity;
 
 
(iii)
a finding is made under section 4 of the Criminal
 
 
Procedure (Insanity) Act 1964 that the patient is under
 
 
a disability, and under section 4A of that Act that
25
 
the patient did the act or made the omission charged
 
 
against the patient as the offence,
 
 
(c)
a hospital order is made with a restriction order in respect
 
 
of the patient by a court dealing with the patient for the
 
 
offence,
30
 
(d)
either—
 
 
(i)
an application is made to the First-tier Tribunal or
 
 
the Mental Health Review Tribunal for Wales by the
 
 
patient under section 69, 70 or 75 of the Mental
 
 
Health Act 1983 (applications concerning restricted
35
 
patients), or
 
 
(ii)
the Secretary of State refers the patient’s case to the
 
 
tribunal under section 71 or 75 of that Act (references
 
 
concerning restricted patients), and
 
 
(e)
the provider of probation services considers it appropriate
40
 
to give a person who appears to the provider to be the victim
 
 
of the offence the opportunity to provide a victim impact
 
 
statement under this section.
 

Page 37

 
(2)
The provider of probation services—
 
 
(a)
must take all reasonable steps to ascertain whether the person
 
 
wishes to provide a victim impact statement to the provider,
 
 
and
 
 
(b)
if the person provides such a statement, must forward it to
5
 
the tribunal.
 
 
(3)
Where a victim impact statement has been forwarded to the tribunal
 
 
under subsection (2) , the tribunal must—
 
 
(a)
allow the person who made the statement to request
 
 
permission to read the statement to the tribunal at a relevant
10
 
hearing, and
 
 
(b)
grant such permission unless the tribunal considers that there
 
 
are good reasons not to.
 
 
(4)
The tribunal may have regard to the statement when determining
 
 
any of the following matters (but must not have regard to it for any
15
 
other purpose)—
 
 
(a)
whether the patient should be subject to any conditions in
 
 
the event of the patient’s discharge from hospital while a
 
 
restriction order is in force in respect of the patient;
 
 
(b)
if so, what conditions;
20
 
(c)
what conditions the patient should be subject to in the event
 
 
of the patient’s discharge from hospital under a community
 
 
treatment order.
 
 
(5)
In this section—
 
 
“relevant hearing” means any hearing held by the tribunal
25
 
before making a decision which disposes of proceedings on
 
 
the application or reference mentioned in subsection (1) (d) ;
 
 
“victim impact statement” means a statement about the way
 
 
in which, and the degree to which, the offence has affected
 
 
and (as the case may be) continues to affect the victim or
30
 
any other person.
 
"Information where restriction order not made"

Source Bill 233 EN 2024-25

Information where restriction order not made
44F
Information where restriction order not made
 
 
(1)
This section applies if—
 
 
(a)
a person (“the patient”) is charged with—
 
 
(i)
an offence that is listed in Part 3 of Schedule 6A , or
35
 
(ii)
an offence where the behaviour giving rise to the
 
 
charge involved domestic abuse within the meaning
 
 
of the Domestic Abuse Act 2021 (see section 1 of that
 
 
Act),
 
 
(b)
one of these applies in respect of the patient—
40
 
(i)
the patient is convicted of the offence;
 

Page 38

 
(ii)
a verdict is returned that the patient is not guilty of
 
 
the offence by reason of insanity;
 
 
(iii)
a finding is made under section 4 of the Criminal
 
 
Procedure (Insanity) Act 1964 that the patient is under
 
 
a disability, and under section 4A of that Act that
5
 
the patient did the act or made the omission charged
 
 
against the patient as the offence,
 
 
(c)
a hospital order is made without a restriction order in respect
 
 
of the patient by a court dealing with the patient for the
 
 
offence,
10
 
(d)
the provider of probation services receives a request for
 
 
information to be provided in accordance with this section,
 
 
and
 
 
(e)
the person who made the request appears to the provider
 
 
of probation services to be the victim of the offence or to act
15
 
for the victim of the offence.
 
 
(2)
The provider of probation services must take all reasonable steps
 
 
to ascertain—
 
 
(a)
whether the hospital order made in respect of the patient
 
 
continues in force, and
20
 
(b)
if so, whether a community treatment order is in force in
 
 
respect of the patient.
 
 
(3)
If the hospital order made in respect of the patient continues in
 
 
force—
 
 
(a)
the provider of probation services must take all reasonable
25
 
steps to notify the managers of the relevant hospital of the
 
 
request and of the name and address of the person who
 
 
made it, and
 
 
(b)
the provider may notify that person of the name and address
 
 
of the relevant hospital.
30
 
(4)
If notified under subsection (3) (a) , the managers of the relevant
 
 
hospital must take all reasonable steps—
 
 
(a)
so far as the managers consider it appropriate to do so, to
 
 
provide the person who made the request or the provider
 
 
of probation services with—
35
 
(i)
information about the discharge, or consideration for
 
 
discharge, of the patient under section 23 or 72 of
 
 
the Mental Health Act 1983 ;
 
 
(ii)
information about the making of a community
 
 
treatment order in respect of the patient;
40
 
(iii)
details of any conditions specified in a community
 
 
treatment order made in respect of the patient which
 
 
the managers consider relate to the victim or the
 
 
victim’s family;
 

Page 39

 
(b)
if a community treatment order is in force in respect of the
 
 
patient and the conditions specified in the order are to be
 
 
varied under section 17B (4) of the Mental Health Act 1983
 
 
, so far as the managers consider it appropriate to do so, to
 
 
provide that person or the provider with details of any
5
 
variation which the managers consider relates to the victim
 
 
or the victim’s family;
 
 
(c)
if a community treatment order in respect of the patient is
 
 
to cease to be in force, so far as the managers consider it
 
 
appropriate to do so, to inform that person or the provider
10
 
of the date on which it is to cease to be in force;
 
 
(d)
if, following the examination of the patient under section 20
 
 
of the Mental Health Act 1983 , the authority for the patient’s
 
 
detention is not to be renewed, so far as the managers
 
 
consider it appropriate to do so, to inform that person or
15
 
the provider of the date on which the authority is to expire;
 
 
(e)
so far as the managers consider it appropriate to do so, to
 
 
provide that person or the provider with—
 
 
(i)
information about the grant to the patient of leave
 
 
to be absent from hospital under section 17 of the
20
 
Mental Health Act 1983 , or the consideration of the
 
 
patient for such leave;
 
 
(ii)
information about the imposition of conditions in
 
 
connection with the grant to the patient of such leave;
 
 
(iii)
details of any such conditions which the managers
25
 
consider relate to the victim or the victim’s family;
 
 
(f)
to provide that person or the provider with such other
 
 
information as the managers consider appropriate in all the
 
 
circumstances of the case.
 
 
(5)
If the provider of probation services is provided with information
30
 
under subsection (4) , it must, so far as it considers it appropriate
 
 
to do so, provide the information to the person who made the
 
 
request.
 
 
(6)
The responsible clinician must provide the managers of the relevant
 
 
hospital with any information which the responsible clinician has
35
 
and which is requested by the managers for the purpose of carrying
 
 
out their functions under subsection (4) .
 
 
(7)
Subsection (8) applies if—
 
 
(a)
an application is made to the First-tier Tribunal or the Mental
 
 
Health Review Tribunal for Wales under section 66 or 69 of
40
 
the Mental Health Act 1983 ,
 
 
(b)
the patient’s case is referred to the First-tier Tribunal or the
 
 
Mental Health Review Tribunal for Wales under section 67
 
 
of that Act , or
 

Page 40

 
(c)
the managers of the relevant hospital refer the patient’s case
 
 
to the First-tier Tribunal or the Mental Health Review
 
 
Tribunal for Wales under section 68 of that Act .
 
 
(8)
The tribunal must inform the managers of the relevant hospital if
 
 
it directs that the patient is to be discharged.
5
 
(9)
In this section “the relevant hospital” is—
 
 
(a)
the hospital in which the patient is detained, or
 
 
(b)
if a community treatment order is in force in respect of the
 
 
patient, the responsible hospital.
 
"Removal of restriction"

Source Bill 233 EN 2024-25

Removal of restriction
44G
Removal of restriction
10
 
(1)
This section applies if—
 
 
(a)
the provider of probation services is required to provide
 
 
information to a person in accordance with section 44D , and
 
 
(b)
the restriction order mentioned in section 44D (1) (c) has
 
 
ceased to have effect (whether before or after the request for
15
 
the information was made) while the hospital order continues
 
 
in force.
 
 
(2)
The provider of probation services must take all reasonable steps
 
 
to notify the managers of the relevant hospital of an address at
 
 
which the person who made the request for the information may
20
 
be contacted.
 
 
(3)
The provider of probation services may notify the person who made
 
 
the request of the name and address of the relevant hospital.
 
 
(4)
While the hospital order continues in force—
 
 
(a)
the patient in respect of whom the hospital order was made
25
 
with the restriction order is to be regarded as a patient in
 
 
respect of whom a hospital order was made without a
 
 
restriction order; and section 44F applies in relation to the
 
 
patient accordingly, and
 
 
(b)
the request for information under section 44D is to be treated
30
 
as a request for information to be provided in accordance
 
 
with section 44F .
 
 
(5)
In this section “the relevant hospital” has the meaning given by
 
 
section 44F (9) .
 
"Hospital directions"

Source Bill 233 EN 2024-25

Hospital directions

Hospital directions

35
"Information"

Source Bill 233 EN 2024-25

Information
44H
Information
 
 
(1)
This section applies if—
 
 
(a)
one of these applies in respect of a person—
 

Page 41

 
(i)
the person is convicted of an offence that is listed in
 
 
Part 1 of Schedule 6A and a sentence of imprisonment
 
 
or detention for a term of less than the specified
 
 
sentence length is imposed on the person in respect
 
 
of the offence,
5
 
(ii)
the person is convicted of an offence that is listed in
 
 
Part 3 of Schedule 6A and a sentence of imprisonment
 
 
or detention is imposed on the person in respect of
 
 
the offence, or
 
 
(iii)
the person is convicted of an offence where the
10
 
behaviour giving rise to the offence involved domestic
 
 
abuse within the meaning of the Domestic Abuse Act
 
 
2021 (see section 1 of that Act) and a sentence of
 
 
imprisonment or detention is imposed on the person
 
 
in respect of the offence,
15
 
(b)
a hospital direction and a limitation direction are given in
 
 
relation to the offender by a court dealing with the offender
 
 
for the offence,
 
 
(c)
the provider of probation services receives a request for
 
 
information to be provided in accordance with this section,
20
 
and
 
 
(d)
the person who made the request appears to the provider
 
 
of probation services to be the victim of the offence or to act
 
 
for the victim of the offence.
 
 
(2)
The provider of probation services must take all reasonable steps
25
 
to ascertain whether the hospital direction and the limitation
 
 
direction given in respect of the offender continue in force.
 
 
(3)
If the hospital direction and the limitation direction continue in
 
 
force, the provider of probation services must take all reasonable
 
 
steps—
30
 
(a)
so far as the provider considers it appropriate to do so, to
 
 
provide the person who made the request with—
 
 
(i)
information about the discharge, or consideration for
 
 
discharge, of the offender;
 
 
(ii)
information about the imposition of conditions in
35
 
connection with the offender’s discharge;
 
 
(iii)
details of any such conditions which the provider
 
 
considers relate to the victim or the victim’s family;
 
 
(b)
if the limitation direction in respect of the offender is to cease
 
 
to have effect, so far as the provider considers it appropriate
40
 
to do so, to notify that person of the date on which it is to
 
 
cease to have effect;
 
 
(c)
so far as the provider considers it appropriate to do so, to
 
 
provide that person with—
 

Page 42

 
(i)
information about the release, or consideration for
 
 
release, of the offender;
 
 
(ii)
information about the imposition of licence conditions
 
 
or supervision requirements in connection with the
 
 
offender’s release;
5
 
(iii)
details of any such conditions or requirements which
 
 
the provider considers relate to the victim or the
 
 
victim’s family;
 
 
(d)
so far as the provider considers it appropriate to do so, to
 
 
provide that person with—
10
 
(i)
information about the grant to the offender of leave
 
 
to be absent from hospital under section 17 of the
 
 
Mental Health Act 1983 , or the consideration of the
 
 
offender for such leave;
 
 
(ii)
information about the imposition of conditions in
15
 
connection with the grant to the offender of such
 
 
leave;
 
 
(iii)
details of any such conditions which the provider
 
 
considers relate to the victim or the victim’s family;
 
 
(e)
to provide that person with such other information as the
20
 
provider considers appropriate in all the circumstances of
 
 
the case.
 
 
(4)
The Secretary of State must give the provider of probation services
 
 
such information as the Secretary of State considers appropriate for
 
 
the purpose of enabling the provider to carry out its functions under
25
 
subsection (3) .
 
 
(5)
But the Secretary of State is not required by subsection (4) to give
 
 
the provider of probation services information that the tribunal is
 
 
required to give the provider under subsection (7) .
 
 
(6)
Subsection (7) applies if—
30
 
(a)
an application is made to the First-tier Tribunal or the Mental
 
 
Health Review Tribunal for Wales by the offender under
 
 
section 69 , 70 or 75 of the Mental Health Act 1983
 
 
(applications concerning restricted patients), or
 
 
(b)
the Secretary of State refers the offender’s case to the
35
 
First-tier tribunal or the Mental Health Review Tribunal for
 
 
Wales under section 71 or 75 of that Act (applications and
 
 
references concerning restricted patients).
 
 
(7)
The tribunal must inform the provider of probation services—
 
 
(a)
whether the offender is to be discharged;
40
 
(b)
if so, whether the offender is to be discharged absolutely or
 
 
subject to conditions;
 
 
(c)
if the offender is to be discharged subject to conditions, what
 
 
the conditions are to be;
 

Page 43

 
(d)
if the offender has been discharged subject to conditions, of
 
 
any variation of the conditions by the tribunal;
 
 
(e)
if the limitation direction is to cease to have effect by virtue
 
 
of action to be taken by the tribunal, of the date on which
 
 
the limitation direction is to cease to have effect.
5
"Removal of restriction"

Source Bill 233 EN 2024-25

Removal of restriction
44I
Removal of restriction
 
 
(1)
This section applies if—
 
 
(a)
the provider of probation services is required to provide
 
 
information to a person in accordance with section 44H ,
 
 
(b)
the limitation direction mentioned in section 44H (1) (b) has
10
 
ceased to have effect (whether before or after the request for
 
 
the information was made), and
 
 
(c)
the offender in respect of whom the request for the
 
 
information was made is treated for the purposes of the
 
 
Mental Health Act 1983 as a patient in respect of whom a
15
 
hospital order has effect.
 
 
(2)
The provider of probation services must take all reasonable steps
 
 
to notify the managers of the relevant hospital of an address at
 
 
which the person who made the request for the information may
 
 
be contacted.
20
 
(3)
The provider of probation services may notify the person who made
 
 
the request of the name and address of the relevant hospital.
 
 
(4)
The offender is to be regarded as a patient in respect of whom a
 
 
hospital order was made without a restriction order; and section
 
 
44F applies in relation to the offender accordingly.
25
 
(5)
The request for information under section 44H is to be treated as a
 
 
request for information to be provided in accordance with section
 
 
44F .
 
 
(6)
In this section “the relevant hospital” means the hospital in which
 
 
the offender is detained.
30
"Transfer directions"

Source Bill 233 EN 2024-25

Transfer directions

Transfer directions

 
"Information where restriction direction given"

Source Bill 233 EN 2024-25

Information where restriction direction given
44J
Information where restriction direction given
 
 
(1)
This section applies if—
 
 
(a)
one of these applies in respect of a person—
 
 
(i)
the person is convicted of an offence listed in Part 1
35
 
of Schedule 6A and a sentence of imprisonment or
 
 
detention for a term of less than the specified
 
 
sentence length is imposed on the offender in respect
 
 
of the offence,
 

Page 44

 
(ii)
the person is convicted of an offence listed in Part 3
 
 
of Schedule 6A and a sentence of imprisonment or
 
 
detention is imposed on the offender in respect of
 
 
the offence, or
 
 
(iii)
the person is convicted of an offence where the
5
 
behaviour giving rise to the offence involved domestic
 
 
abuse within the meaning of the Domestic Abuse Act
 
 
2021 (see section 1 of that Act) and a sentence of
 
 
imprisonment or detention is imposed on the person
 
 
in respect of the offence,
10
 
(b)
while the person is serving the sentence, the Secretary of
 
 
State gives a transfer direction with a restriction direction
 
 
in respect of the person,
 
 
(c)
the provider of probation services receives a request for
 
 
information to be provided in accordance with this section,
15
 
and
 
 
(d)
the person who made the request appears to the provider
 
 
of probation services to be the victim of the offence or to act
 
 
for the victim of the offence.
 
 
(2)
The provider of probation services must take all reasonable steps
20
 
to ascertain whether the transfer direction and the restriction
 
 
direction continue in force.
 
 
(3)
If the transfer direction and the restriction direction continue in
 
 
force, the provider of probation services must take all reasonable
 
 
steps—
25
 
(a)
so far as the provider considers it appropriate to do so, to
 
 
provide the person who made the request with—
 
 
(i)
information about the discharge, or consideration for
 
 
discharge, of the patient;
 
 
(ii)
information about the imposition of conditions in
30
 
connection with the patient’s discharge;
 
 
(iii)
details of any such conditions which the provider
 
 
considers relate to the victim or the victim’s family;
 
 
(b)
if the restriction direction in respect of the patient is to cease
 
 
to have effect, so far as the provider considers it appropriate
35
 
to do so, to notify that person of the date on which it is to
 
 
cease to have effect;
 
 
(c)
so far as the provider considers it appropriate to do so, to
 
 
provide that person with—
 
 
(i)
information about the release, or consideration for
40
 
release, of the patient;
 
 
(ii)
information about the imposition of licence conditions
 
 
or supervision requirements in connection with the
 
 
patient’s release;
 

Page 45

 
(iii)
details of any such conditions or requirements which
 
 
the provider considers relate to the victim or the
 
 
victim’s family;
 
 
(d)
so far as the provider of probation services considers it
 
 
appropriate to do so, to provide that person with—
5
 
(i)
information about the grant to the patient of leave
 
 
to be absent from hospital under section 17 of the
 
 
Mental Health Act 1983 , or the consideration of the
 
 
patient for such leave;
 
 
(ii)
information about the imposition of conditions in
10
 
connection with the grant to the patient of such leave;
 
 
(iii)
details of any such conditions which the provider
 
 
considers relate to the victim or the victim’s family;
 
 
(e)
to provide that person with such other information as the
 
 
provider considers appropriate in all the circumstances of
15
 
the case.
 
 
(4)
The Secretary of State must give the provider of probation services
 
 
such information as the Secretary of State considers appropriate for
 
 
the purpose of enabling the provider to carry out its functions under
 
 
subsection (3) .
20
 
(5)
But the Secretary of State is not required by subsection (4) to give
 
 
the provider of probation services information that the tribunal is
 
 
required to give the provider under subsection (7) .
 
 
(6)
Subsection (7) applies if—
 
 
(a)
an application is made to the First-tier Tribunal or the Mental
25
 
Health Review Tribunal for Wales by the patient under
 
 
section 69 , 70 or 75 of the Mental Health Act 1983
 
 
(applications concerning restricted patients), or
 
 
(b)
the Secretary of State refers the patient’s case to the First-tier
 
 
Tribunal or the Mental Health Review Tribunal for Wales
30
 
under section 71 or 75 of that Act (applications and references
 
 
concerning restricted patients).
 
 
(7)
The tribunal must inform the provider of probation services—
 
 
(a)
whether the patient is to be discharged;
 
 
(b)
if so, whether the patient is to be discharged absolutely or
35
 
subject to conditions;
 
 
(c)
if the patient is to be discharged subject to conditions, what
 
 
the conditions are to be;
 
 
(d)
if the patient has been discharged subject to conditions, of
 
 
any variation of the conditions by the tribunal;
40
 
(e)
if the restriction order is to cease to have effect by virtue of
 
 
action to be taken by the tribunal, of the date on which the
 
 
restriction order is to cease to have effect.
 

Page 46

"Information where restriction direction not given"

Source Bill 233 EN 2024-25

Information where restriction direction not given
44K
Information where restriction direction not given
 
 
(1)
This section applies if—
 
 
(a)
one of these applies in respect of a person—
 
 
(i)
the person is convicted of an offence listed in Part 1
 
 
of Schedule 6A and a sentence of imprisonment or
5
 
detention for a term of less than 12 months is
 
 
imposed on the offender in respect of the offence,
 
 
(ii)
the person is convicted of an offence listed in Part 3
 
 
of Schedule 6A and a sentence of imprisonment or
 
 
detention is imposed on the offender in respect of
10
 
the offence, or
 
 
(iii)
the person is convicted of an offence where the
 
 
behaviour giving rise to the offence involved domestic
 
 
abuse within the meaning of the Domestic Abuse Act
 
 
2021 (see section 1 of that Act) and a sentence of
15
 
imprisonment or detention is imposed on the person
 
 
in respect of the offence,
 
 
(b)
while the person is serving the sentence, the Secretary of
 
 
State gives a transfer direction without a restriction direction
 
 
in respect of the person,
20
 
(c)
the provider of probation services receives a request for
 
 
information to be provided in accordance with this section,
 
 
and
 
 
(d)
the person who made the request appears to the provider
 
 
of probation services to be the victim of the offence or to act
25
 
for the victim of the offence.
 
 
(2)
The provider of probation services must take all reasonable steps
 
 
to ascertain—
 
 
(a)
whether the transfer direction given in respect of the patient
 
 
continues in force, and
30
 
(b)
if so, whether a community treatment order is in force in
 
 
respect of the patient.
 
 
(3)
If the transfer direction given in respect of the patient continues in
 
 
force—
 
 
(a)
the provider of probation services must take all reasonable
35
 
steps to notify the managers of the relevant hospital of the
 
 
request and of the name and address of the person who
 
 
made it, and
 
 
(b)
the provider of probation services may notify the person of
 
 
the name and address of the relevant hospital.
40
 
(4)
If notified under subsection (3) (a) , the managers of the relevant
 
 
hospital must take all reasonable steps—
 

Page 47

 
(a)
so far as the managers consider it appropriate to do so, to
 
 
provide the person who made the request or the provider
 
 
of probation services with—
 
 
(i)
information about the discharge, or consideration for
 
 
discharge, of the patient under section 23 or 72 of
5
 
the Mental Health Act 1983 ;
 
 
(ii)
information about the making of a community
 
 
treatment order in respect of the patient;
 
 
(iii)
details of any conditions specified in a community
 
 
treatment order made in respect of the patient which
10
 
the managers consider relate to the victim or the
 
 
victim’s family;
 
 
(b)
if a community treatment order is in force in respect of the
 
 
patient and the conditions specified in the order are to be
 
 
varied under section 17B (4) of the Mental Health Act 1983
15
 
, so far as the managers consider it appropriate to do so, to
 
 
provide that person or the provider with details of any
 
 
variation which the managers consider relates to the victim
 
 
or the victim’s family;
 
 
(c)
if a community treatment order in respect of the patient is
20
 
to cease to be in force, so far as the managers consider it
 
 
appropriate to do so, to inform that person or the provider
 
 
of the date on which it is to cease to be in force;
 
 
(d)
if, following the examination of the offender under section
 
 
20 of the Mental Health Act 1983 , the authority for the
25
 
patient’s detention is not to be renewed, so far as the
 
 
managers consider it appropriate to do so, to inform that
 
 
person or the provider of the date on which the authority
 
 
is to expire;
 
 
(e)
so far as the managers consider it appropriate to do so, to
30
 
provide that person or the provider with—
 
 
(i)
information about the grant to the patient of leave
 
 
to be absent from hospital under section 17 of the
 
 
Mental Health Act 1983 , or the consideration of the
 
 
offender for such leave;
35
 
(ii)
information about the imposition of conditions in
 
 
connection with the grant to the patient of such leave;
 
 
(iii)
details of any such conditions which the managers
 
 
consider relate to the victim or the victim’s family;
 
 
(f)
to provide that person or the provider with such other
40
 
information as the managers of the relevant hospital consider
 
 
appropriate in all the circumstances of the case.
 
 
(5)
If the provider of probation services is provided with information
 
 
under subsection (4) , it must provide the information to the person
 
 
who made the request.
45

Page 48

 
(6)
The responsible clinician must provide the mangers of the relevant
 
 
hospital with any information which the responsible clinician has
 
 
and which is requested by the managers for the purpose of carrying
 
 
out their functions under subsection (4) .
 
 
(7)
Subsection (8) applies if—
5
 
(a)
an application is made to the First-tier Tribunal or the Mental
 
 
Health Review Tribunal for Wales under section 66 or 69 of
 
 
the Mental Health Act 1983 ,
 
 
(b)
the patient’s case is referred to the First-tier Tribunal or the
 
 
Mental Health Review Tribunal for Wales under section 67
10
 
of that Act , or
 
 
(c)
the managers of the relevant hospital refer the patient’s case
 
 
to the First-tier Tribunal or the Mental Health Review
 
 
Tribunal for Wales under section 68 of that Act .
 
 
(8)
The tribunal must inform the managers of the relevant hospital if
15
 
it directs that the patient be discharged.
 
 
(9)
In this section “the relevant hospital” means—
 
 
(a)
the hospital in which the patient is detained, or
 
 
(b)
if a community treatment order is in force in respect of the
 
 
patient, the responsible hospital.
20
"Removal of restriction"

Source Bill 233 EN 2024-25

Removal of restriction
44L
Removal of restriction
 
 
(1)
This section applies if—
 
 
(a)
the provider of probation services is required to provide
 
 
information to a person in accordance with section 44J , and
 
 
(b)
the restriction direction mentioned in section 44J (1) (b) has
25
 
ceased to have effect (whether before or after the request for
 
 
the information was made) while the transfer direction
 
 
continues in force.
 
 
(2)
The provider of probation services must take all reasonable steps
 
 
to notify the managers of the relevant hospital of an address at
30
 
which the person who made the request for the information may
 
 
be contacted.
 
 
(3)
The provider of probation services may notify that person of the
 
 
name and address of the hospital.
 
 
(4)
While the transfer direction continues in force—
35
 
(a)
the patient in respect of whom the transfer direction was
 
 
made with the restriction direction is to be regarded as a
 
 
patient in respect of whom a transfer direction was made
 
 
without a restriction direction; and section 44K applies in
 
 
relation to the offender accordingly, and
40

Page 49

 
(b)
the request for information under section 44J is to be treated
 
 
as a request for information to be provided in accordance
 
 
with section 44K .
 
 
(5)
In this section “the relevant hospital” has the meaning given by
 
 
section 44K (9) .”
5
 
25
After Chapter 2 (inserted by paragraph 24 of this Schedule) insert—
 

Source Bill 233 EN 2024-25

Chapter 3

Chapter 3

 
"Information: powers etc"

Source Bill 233 EN 2024-25

Information: powers etc

Information: powers etc

 
"Power to disclose information to victims"

Source Bill 233 EN 2024-25

Power to disclose information to victims
44M
Power to disclose information to victims
 
 
(1)
This section applies if—
10
 
(a)
one of the conditions specified in the table is met in relation
 
 
to a person (“the offender”),
 
 
(b)
the provider of probation services receives a request for
 
 
information to be provided in accordance with this section
 
 
from a person who appears to the provider to be the victim
15
 
of the offence in respect of which the condition is met or of
 
 
similar criminal conduct carried out by the offender, or to
 
 
act for such a victim, and
 
 
(c)
the provider of probation services considers that the victim
 
 
would be at risk of physical or psychological harm if the
20
 
information is not provided in accordance with this section.
 
 
Condition
 
 
Specified
 
 
provision
 
 
the person is serving a sentence of
 
 
section 44C
 
 
imprisonment or detention in England and
25
 
Wales in respect of an offence
 
 
a hospital order is made with a restriction
 
 
section 44D
 
 
order in relation to the person by a court
 
 
dealing with the person for an offence
 
 
a hospital order is made without a
30
 
section 44F
30
 
restriction order in relation to the person
 
 
by a court dealing with the person for an
 
 
offence
 
 
a hospital direction and a limitation
 
 
section 44H
 
 
direction are given in relation to the person
35
 
by a court dealing with the person for an
 
 
offence
 
 
section 44J
 
 
the Secretary of State gives a transfer
 
 
direction with a restriction direction in
 
 
respect of the person while the person is
 
 
serving a sentence of imprisonment or
 
 
detention in England and Wales in respect
5
 
of an offence
 
 
the Secretary of State gives a transfer
 
 
section 44K
 
 
direction without a restriction direction in
 
 
respect of the person while the person is
 
 
serving a sentence of imprisonment or
10
 
detention in England and Wales in respect
 
 
of an offence
 
 
(2)
The provider of probation services may provide the person who
 
 
made the request with any information that would be required or
 
 
permitted to be provided to that person (by the provider or
15
 
otherwise) under Chapter 2 of this Part if the request were made
 
 
under the provision specified in the relevant entry in column 2 of
 
 
the table.
 
 
(3)
Where—
 
 
(a)
a person would be required or permitted to provide
20
 
information to the provider of probation services or to the
 
 
managers of a hospital under Chapter 2 of this Part if the
 
 
request mentioned in subsection (1)(b) were made under the
 
 
provision specified in the relevant entry in column 2 of the
 
 
table, and
25
 
(b)
the provider of probation services or hospital managers
 
 
request the information from that person,
 
 
that person must take all reasonable steps to provide the information
 
 
to the provider or hospital managers.
 
 
(4)
In this section—
30
 
(a)
“offence” includes an offence under the law of any place
 
 
outside England and Wales;
 
 
(b)
“similar criminal conduct”, in relation to an offence, means
 
 
conduct that—
 
 
(i)
the provider of probation services considers to be
35
 
similar to the conduct constituting the offence, and
 
 
(ii)
itself constitutes an offence;
 
 
(c)
“victim” includes a person who is a victim within the
 
 
meaning of section 1 of the Victims and Prisoners Act 2024
 
 
by virtue of subsection (2) (a) of that section .
40

Page 51

"Victim impact statements where hospital order made with restriction"

Source Bill 233 EN 2024-25

Victim impact statements where hospital order made with restriction order
 
44N
Victim impact statements where hospital order made with restriction
 
"order"

Source Bill 233 EN 2024-25

order
 
order
 
 
(1)
This section applies where—
 
 
(a)
one of these applies in respect of a person (“the patient”)
 
 
charged with an offence—
5
 
(i)
the patient is convicted of the offence;
 
 
(ii)
a verdict is returned that the patient is not guilty of
 
 
the offence by reason of insanity;
 
 
(iii)
a finding is made under section 4 of the Criminal
 
 
Procedure (Insanity) Act 1964 that the patient is under
10
 
a disability, and under section 4A of that Act that
 
 
the patient did the act or made the omission charged
 
 
against the patient as the offence,
 
 
(b)
a hospital order is made with a restriction order in respect
 
 
of the patient by a court dealing with the patient for the
15
 
offence,
 
 
(c)
the provider of probation services provides information in
 
 
accordance with section 44M about the patient to a person
 
 
who appears to the provider to be the victim of the offence,
 
 
or to act for the victim of the offence,
20
 
(d)
either—
 
 
(i)
an application is made to the First-tier Tribunal or
 
 
the Mental Health Review Tribunal for Wales by the
 
 
patient under section 69, 70 or 75 of the Mental
 
 
Health Act 1983 (applications concerning restricted
25
 
patients), or
 
 
(ii)
the Secretary of State refers the patient’s case to the
 
 
tribunal under section 71 or 75 of that Act (references
 
 
concerning restricted patients), and
 
 
(e)
the provider of probation services considers it appropriate
30
 
to give the person who appears to the provider to be the
 
 
victim of the offence the opportunity to provide a victim
 
 
impact statement under this section.
 
 
(2)
The provider of probation services—
 
 
(a)
must take all reasonable steps to ascertain whether the person
35
 
who appears to the provider to be the victim of the offence
 
 
wishes to provide a victim impact statement to the provider,
 
 
and
 
 
(b)
if the person provides such a statement, must forward it to
 
 
the tribunal.
40
 
(3)
Where a victim impact statement has been forwarded to the tribunal
 
 
under subsection (2) , the tribunal must—
 
 
(a)
allow the person who made the statement to request
 
 
permission to read the statement to the tribunal at a relevant
 
 
hearing, and
45

Page 52

 
(b)
grant such permission unless the tribunal considers that there
 
 
are good reasons not to.
 
 
(4)
The tribunal may have regard to the statement when determining
 
 
any of the following matters (but must not have regard to it for any
 
 
other purpose)—
5
 
(a)
whether the patient should be subject to any conditions in
 
 
the event of the patient’s discharge from hospital while a
 
 
restriction order is in force in respect of the patient;
 
 
(b)
if so, what conditions;
 
 
(c)
what conditions the patient should be subject to in the event
10
 
of the patient’s discharge from hospital under a community
 
 
treatment order.
 
 
(5)
In this section—
 
 
“relevant hearing” means any hearing held by the tribunal
 
 
before making a decision which disposes of proceedings on
15
 
the application or reference mentioned in subsection (1) (d) ;
 
 
“victim” includes a person who is a victim within the meaning
 
 
of section 1 of the Victims and Prisoners Act 2024 by virtue
 
 
of subsection (2) (a) of that section ;
 
 
“victim impact statement” means a statement about the way
20
 
in which, and the degree to which, the offence has affected
 
 
and (as the case may be) continues to affect the victim or
 
 
any other person.
 
"Saving for other powers of provider of probation services"

Source Bill 233 EN 2024-25

Saving for other powers of provider of probation services
44O
Saving for other powers of provider of probation services
 
 
Nothing in this Part limits any power that the provider of probation
25
 
services has otherwise than under this Part.”
 

Page 53

Source Bill 233 EN 2024-25

Part 3

Part 3

 
"Representations and information: offences"

Source Bill 233 EN 2024-25

Representations and information: offences

Representations and information: offences

 
"Offences"

Source Bill 233 EN 2024-25

Offences

Offences

 
 
26
After Schedule 6 to the Domestic Violence, Crime and Victims Act 2004
 
 
(intermittent custody) insert—
5
"Section 35"

Source Bill 233 EN 2024-25

Schedule 6A
 
“Schedule 6A
Section 35
 
"Representations and information: offences"

Source Bill 233 EN 2024-25

Representations and information: offences

Representations and information: offences

 

Source Bill 233 EN 2024-25

Part 1

Part 1

 
"Offences in respect of which certain custodial sentence imposed"

Source Bill 233 EN 2024-25

Offences in respect of which certain custodial sentence imposed

Offences in respect of which certain custodial sentence imposed

 
"Common law offences"

Source Bill 233 EN 2024-25

Common law offences

Common law offences

10
 
1
Murder.
 
 
2
Manslaughter.
 
 
3
Kidnapping.
 
"False imprisonment."

Source Bill 233 EN 2024-25

False imprisonment.
 
4
False imprisonment.
 
"Offences against the Person Act 1861"

Source Bill 233 EN 2024-25

Offences against the Person Act 1861

Offences against the Person Act 1861

15
 
5
An offence under any of the following provisions of the Offences
 
 
against the Person Act 1861 —
 
 
(a)
section 4 (soliciting murder);
 
 
(b)
section 16 (threats to kill);
 
 
(c)
section 18 (wounding with intent to cause grievous bodily
20
 
harm);
 
 
(d)
section 20 (malicious wounding);
 
 
(e)
section 21 (attempting to choke, suffocate or strangle in
 
 
order to commit or assist in committing an indictable
 
 
offence);
25
 
(f)
section 22 (using chloroform etc to commit or assist in the
 
 
committing of any indictable offence);
 
 
(g)
section 23 (maliciously administering poison etc so as to
 
 
endanger life or inflict grievous bodily harm);
 
 
(h)
section 27 (abandoning children);
30
 
(i)
section 28 (causing bodily injury by explosives);
 
 
(j)
section 29 (using explosives etc with intent to do grievous
 
 
bodily harm);
 
 
(k)
section 30 (placing explosives with intent to do bodily
 
 
injury);
35

Page 54

 
(l)
section 31 (setting spring guns etc with intent to do
 
 
grievous bodily harm);
 
 
(m)
section 32 (endangering the safety of railway passengers);
 
 
(n)
section 35 (injuring persons by furious driving);
 
 
(o)
section 37 (assaulting officer preserving wreck);
5
 
(p)
section 38 (assault with intent to resist arrest);
 
 
(q)
section 47 (assault occasioning actual bodily harm).
 
"Explosive Substances Act 1883"

Source Bill 233 EN 2024-25

Explosive Substances Act 1883

Explosive Substances Act 1883

 
 
6
An offence under any of the following provisions of the Explosive
 
 
Substances Act 1883 —
10
 
(a)
section 2 (causing explosion likely to endanger life or
 
 
property);
 
 
(b)
section 3 (attempt to cause explosion, or making or
 
 
keeping explosive with intent to endanger life or property);
 
 
(c)
section 5 (punishment of accessories to offences of causing
15
 
or attempting to cause explosions or making or possessing
 
 
explosives).
 
"Infant Life (Preservation) Act 1929"

Source Bill 233 EN 2024-25

Infant Life (Preservation) Act 1929

Infant Life (Preservation) Act 1929

 
 
7
An offence under section 1 of the Infant Life (Preservation) Act
 
 
1929 (child destruction).
20
"Children and Young Persons Act 1933"

Source Bill 233 EN 2024-25

Children and Young Persons Act 1933

Children and Young Persons Act 1933

 
 
8
An offence under section 1 of the Children and Young Persons
 
 
Act 1933 (cruelty to children).
 
"Infanticide Act 1938"

Source Bill 233 EN 2024-25

Infanticide Act 1938

Infanticide Act 1938

 
"An offence under section 1 of the Infanticide Act 1938 (infanticide)."

Source Bill 233 EN 2024-25

An offence under section 1 of the Infanticide Act 1938 (infanticide).
 
9
An offence under section 1 of the Infanticide Act 1938 (infanticide).
25
"Sexual Offences Act 1956"

Source Bill 233 EN 2024-25

Sexual Offences Act 1956

Sexual Offences Act 1956

 
 
10
An offence under any of the following provisions of the Sexual
 
 
Offences Act 1956 —
 
 
(a)
section 1 (rape);
 
 
(b)
section 2 (procurement of woman by threats);
30
 
(c)
section 3 (procurement of woman by false pretences);
 
 
(d)
section 4 (administering drugs to obtain or facilitate
 
 
intercourse);
 
 
(e)
section 5 (intercourse with girl under 13);
 
 
(f)
section 6 (intercourse with girl under 16);
35
 
(g)
section 7 (intercourse with a defective);
 
 
(h)
section 9 (procurement of a defective);
 

Page 55

 
(i)
section 10 or 11 (incest);
 
 
(j)
section 14 (indecent assault on a woman);
 
 
(k)
section 15 (indecent assault on a man);
 
 
(l)
section 16 (assault with intent to commit buggery);
 
 
(m)
section 17 (abduction of woman by force or for the sake
5
 
of her property);
 
 
(n)
section 19 (abduction of unmarried girl under 18 from
 
 
parent or guardian);
 
 
(o)
section 20 (abduction of unmarried girl under 16 from
 
 
parent or guardian);
10
 
(p)
section 21 (abduction of defective from parent or
 
 
guardian);
 
 
(q)
section 22 (causing prostitution of women);
 
 
(r)
section 23 (procuration of girl under 21);
 
 
(s)
section 24 (detention of woman in brothel);
15
 
(t)
section 25 (permitting girl under 13 to use premises for
 
 
intercourse;
 
 
(u)
section 26 (permitting girl under 16 to use premises for
 
 
intercourse);
 
 
(v)
section 27 (permitting defective to use premises for
20
 
intercourse);
 
 
(w)
section 28 (causing or encouraging prostitution of,
 
 
intercourse with, or indecent assault on, girl under 16);
 
 
(x)
section 29 (causing or encouraging prostitution of
 
 
defective);
25
 
(y)
section 32 (soliciting by men);
 
 
(z)
section 33A (keeping a brothel used for prostitution).
 
"Mental Health Act 1959"

Source Bill 233 EN 2024-25

Mental Health Act 1959

Mental Health Act 1959

 
 
11
An offence under section 128 of the Mental Health Act 1959
 
 
(sexual intercourse with patients).
30
"Indecency with Children Act 1960"

Source Bill 233 EN 2024-25

Indecency with Children Act 1960

Indecency with Children Act 1960

 
 
12
An offence under section 1 of the Indecency with Children Act
 
 
1960 (indecent conduct towards young child).
 
"Sexual Offences Act 1967"

Source Bill 233 EN 2024-25

Sexual Offences Act 1967

Sexual Offences Act 1967

 
 
13
An offence under either of the following provisions of the Sexual
35
 
Offences Act 1967 —
 
 
(a)
section 4 (procuring others to commit homosexual acts);
 
 
(b)
section 5 (living on earnings of male prostitution).
 

Page 56

"Firearms Act 1968"

Source Bill 233 EN 2024-25

Firearms Act 1968

Firearms Act 1968

 
 
14
An offence under any of the following provisions of the Firearms
 
 
Act 1968 —
 
 
(a)
section 16 (possession of firearm with intent to endanger
 
 
life);
5
 
(b)
section 16A (possession of firearm with intent to cause
 
 
fear of violence);
 
 
(c)
section 17 (1) (use of firearm to resist arrest);
 
 
(d)
section 17 (2) (possession of firearm at time of committing
 
 
or being arrested for offence specified in Schedule 1 to
10
 
that Act);
 
 
(e)
section 18 (carrying a firearm with criminal intent).
 
"Theft Act 1968"

Source Bill 233 EN 2024-25

Theft Act 1968

Theft Act 1968

 
 
15
An offence under any of the following provisions of the Theft
 
 
Act 1968 —
15
 
(a)
section 8 (robbery or assault with intent to rob);
 
 
(b)
section 9 (1) (a) (burglary with intent to commit certain
 
 
other offences);
 
 
(c)
section 10 (aggravated burglary);
 
 
(d)
section 12A (aggravated vehicle-taking), where the offence
20
 
involves an accident which caused the death of any person.
 
"Misuse of Drugs Act 1971"

Source Bill 233 EN 2024-25

Misuse of Drugs Act 1971

Misuse of Drugs Act 1971

 
 
16
An offence under section 4 (3) of the Misuse of Drugs Act 1971
 
 
(supply etc of controlled drugs).
 
"Criminal Damage Act 1971"

Source Bill 233 EN 2024-25

Criminal Damage Act 1971

Criminal Damage Act 1971

25
 
17
(1)
An offence of arson under section 1 of the Criminal Damage Act
 
 
1971 .
 
 
(2)
An offence under section 1 (2) of that Act (destroying or damaging
 
 
property) other than an offence of arson.
 
"Criminal Law Act 1977"

Source Bill 233 EN 2024-25

Criminal Law Act 1977

Criminal Law Act 1977

30
 
18
An offence under section 54 of the Criminal Law Act 1977 (inciting
 
 
girl under 16 to have incestuous sexual intercourse).
 
"Protection of Children Act 1978"

Source Bill 233 EN 2024-25

Protection of Children Act 1978

Protection of Children Act 1978

 
 
19
An offence under section 1 of the Protection of Children Act 1978
 
 
(indecent photographs of children).
35

Page 57

"Taking of Hostages Act 1982"

Source Bill 233 EN 2024-25

Taking of Hostages Act 1982

Taking of Hostages Act 1982

 
 
20
An offence under section 1 of the Taking of Hostages Act 1982
 
 
(hostage-taking).
 
"Aviation Security Act 1982"

Source Bill 233 EN 2024-25

Aviation Security Act 1982

Aviation Security Act 1982

 
 
21
An offence under any of the following provisions of the Aviation
5
 
Security Act 1982 —
 
 
(a)
section 1 (hijacking);
 
 
(b)
section 2 (destroying, damaging or endangering safety of
 
 
aircraft);
 
 
(c)
section 3 (other acts endangering or likely to endanger
10
 
safety of aircraft);
 
 
(d)
section 4 (offences in relation to certain dangerous articles).
 
 
(e)
section 6 (2) (inducing or assisting the commission of
 
 
offences relating to safety of aircraft).
 
"Nuclear Material (Offences) Act 1983"

Source Bill 233 EN 2024-25

Nuclear Material (Offences) Act 1983

Nuclear Material (Offences) Act 1983

15
 
22
An offence under section 2 of the Nuclear Material (Offences)
 
 
Act 1983 (preparatory acts and threats).
 
"Mental Health Act 1983"

Source Bill 233 EN 2024-25

Mental Health Act 1983

Mental Health Act 1983

 
 
23
An offence under section 127 of the Mental Health Act 1983
 
 
(ill-treatment of patients).
20
"Child Abduction Act 1984"

Source Bill 233 EN 2024-25

Child Abduction Act 1984

Child Abduction Act 1984

 
 
24
An offence under section 1 of the Child Abduction Act 1984
 
 
(offence of abduction of child by parent etc).
 
"Prohibition of Female Circumcision Act 1985"

Source Bill 233 EN 2024-25

Prohibition of Female Circumcision Act 1985

Prohibition of Female Circumcision Act 1985

 
 
25
An offence under section 1 of the Prohibition of Female
25
 
Circumcision Act 1985 (prohibition of female circumcision).
 
"Public Order Act 1986"

Source Bill 233 EN 2024-25

Public Order Act 1986

Public Order Act 1986

 
 
26
An offence under any of the following provisions of the Public
 
 
Order Act 1986 —
 
 
(a)
section 1 (riot);
30
 
(b)
section 2 (violent disorder);
 
 
(c)
section 3 (affray).
 

Page 58

"Criminal Justice Act 1988"

Source Bill 233 EN 2024-25

Criminal Justice Act 1988

Criminal Justice Act 1988

 
 
27
An offence under any of the following provisions of the Criminal
 
 
Justice Act 1988 —
 
 
(a)
section 134 (torture);
 
 
(b)
section 160 (possession of indecent photograph of a child).
5
"Road Traffic Act 1988"

Source Bill 233 EN 2024-25

Road Traffic Act 1988

Road Traffic Act 1988

 
 
28
An offence under any of the following provisions of the Road
 
 
Traffic Act 1988 —
 
 
(a)
section 1 (causing death by dangerous driving);
 
 
(b)
section 1A (causing serious injury by dangerous driving);
10
 
(c)
section 2B (causing death by careless or inconsiderate
 
 
driving);
 
 
(d)
section 3ZC (causing death by driving: disqualified
 
 
drivers);
 
 
(e)
section 3A (causing death by careless driving when under
15
 
influence of drink or drugs).
 
"Aviation and Maritime Security Act 1990"

Source Bill 233 EN 2024-25

Aviation and Maritime Security Act 1990

Aviation and Maritime Security Act 1990

 
 
29
An offence under any of the following provisions of the Aviation
 
 
and Maritime Security Act 1990 —
 
 
(a)
section 1 (endangering safety at aerodromes);
20
 
(b)
section 9 (hijacking of ships);
 
 
(c)
section 13 (offences involving threats).
 
"Chemical Weapons Act 1996"

Source Bill 233 EN 2024-25

Chemical Weapons Act 1996

Chemical Weapons Act 1996

 
 
30
An offence under section 2 of the Chemical Weapons Act 1996
 
 
(use etc of chemical weapons).
25
"Crime and Disorder Act 1998"

Source Bill 233 EN 2024-25

Crime and Disorder Act 1998

Crime and Disorder Act 1998

 
 
31
(1)
An offence under section 29 of the Crime and Disorder Act 1998
 
 
(racially or religiously aggravated assaults).
 
 
(2)
An offence falling within section 31 (1) (a) or (b) of that Act (racially
 
 
or religiously aggravated offences under section 4 or 4A of the
30
 
Public Order Act 1986).
 
"Terrorism Act 2000"

Source Bill 233 EN 2024-25

Terrorism Act 2000

Terrorism Act 2000

 
 
32
An offence under section 58A of the Terrorism Act 2000
 
 
(publishing information about members of the armed forces).
 

Page 59

"Anti-Terrorism, Crime and Security Act 2001"

Source Bill 233 EN 2024-25

Anti-Terrorism, Crime and Security Act 2001

Anti-Terrorism, Crime and Security Act 2001

 
 
33
An offence under any of the following provisions of the
 
 
Anti-Terrorism, Crime and Security Act 2001 —
 
 
(a)
section 47 (use etc of nuclear weapons);
 
 
(b)
section 50 (assisting or inducing certain weapons-related
5
 
acts overseas);
 
 
(c)
section 113 (use of noxious substance or thing to cause
 
 
harm or intimidate).
 
"Female Genital Mutilation Act 2003"

Source Bill 233 EN 2024-25

Female Genital Mutilation Act 2003

Female Genital Mutilation Act 2003

 
 
34
An offence under any of the following provisions of the Female
10
 
Genital Mutilation Act 2003 —
 
 
(a)
section 1 (female genital mutilation);
 
 
(b)
section 2 (assisting a girl to mutilate her own genitalia);
 
 
(c)
section 3 (assisting a non-UK person to mutilate overseas
 
 
a girl's genitalia).
15
"Sexual Offences Act 2003"

Source Bill 233 EN 2024-25

Sexual Offences Act 2003

Sexual Offences Act 2003

 
 
35
An offence under any of the following provisions of the Sexual
 
 
Offences Act 2003 —
 
 
(a)
section 1 (rape);
 
 
(b)
section 2 (assault by penetration);
20
 
(c)
section 3 (sexual assault);
 
 
(d)
section 4 (causing a person to engage in sexual activity
 
 
without consent);
 
 
(e)
section 5 (rape of a child under 13);
 
 
(f)
section 6 (assault of a child under 13 by penetration);
25
 
(g)
section 7 (sexual assault of a child under 13);
 
 
(h)
section 8 (causing or inciting a child under 13 to engage
 
 
in sexual activity);
 
 
(i)
section 9 (sexual activity with a child);
 
 
(j)
section 10 (causing or inciting a child to engage in sexual
30
 
activity);
 
 
(k)
section 11 (engaging in sexual activity in the presence of
 
 
a child);
 
 
(l)
section 12 (causing a child to watch a sexual act);
 
 
(m)
section 13 (child sex offences committed by children or
35
 
young persons);
 
 
(n)
section 14 (arranging or facilitating commission of a child
 
 
sex offence);
 
 
(o)
section 15 (meeting a child following sexual grooming
 
 
etc);
40
 
(p)
section 15A (sexual communication with a child);
 

Page 60

 
(q)
section 16 (abuse of position of trust: sexual activity with
 
 
a child);
 
 
(r)
section 17 (abuse of position of trust: causing or inciting
 
 
a child to engage in sexual activity);
 
 
(s)
section 18 (abuse of position of trust: sexual activity in the
5
 
presence of a child);
 
 
(t)
section 19 (abuse of position of trust: causing a child to
 
 
watch a sexual act);
 
 
(u)
section 25 (sexual activity with a child family member);
 
 
(v)
section 26 (inciting a child family member to engage in
10
 
sexual activity);
 
 
(w)
section 30 (sexual activity with a person with a mental
 
 
disorder impeding choice);
 
 
(x)
section 31 (causing or inciting a person with a mental
 
 
disorder impeding choice to engage in sexual activity);
15
 
(y)
section 32 (engaging in sexual activity in the presence of
 
 
a person with a mental disorder impeding choice);
 
 
(z)
section 33 (causing a person with a mental disorder
 
 
impeding choice to watch a sexual act);
 
 
(z1)
section 34 (inducement, threat or deception to procure
20
 
sexual activity with a person with a mental disorder);
 
 
(z2)
section 35 (causing a person with a mental disorder to
 
 
engage in or agree to engage in sexual activity by
 
 
inducement, threat or deception);
 
 
(z3)
section 36 (engaging in sexual activity in the presence,
25
 
procured by inducement, threat or deception, of a person
 
 
with a mental disorder);
 
 
(z4)
section 37 (causing a person with a mental disorder to
 
 
watch a sexual act by inducement, threat or deception);
 
 
(z5)
section 38 (care workers: sexual activity with a person
30
 
with a mental disorder);
 
 
(z6)
section 39 (care workers: causing or inciting sexual
 
 
activity);
 
 
(z7)
section 40 (care workers: sexual activity in the presence
 
 
of a person with a mental disorder);
35
 
(z8)
section 41 (care workers: causing a person with a mental
 
 
disorder to watch a sexual act);
 
 
(z9)
section 47 (paying for sexual services of a child);
 
 
(z10)
section 48 (causing or inciting sexual exploitation of a
 
 
child);
40
 
(z11)
section 49 (controlling a child in relation to sexual
 
 
exploitation);
 
 
(z12)
section 50 (arranging or facilitating sexual exploitation of
 
 
a child);
 
 
(z13)
section 52 (causing or inciting prostitution for gain);
45

Page 61

 
(z14)
section 53 (controlling prostitution for gain);
 
 
(z15)
section 57 (trafficking into the UK for sexual exploitation);
 
 
(z16)
section 58 (trafficking within the UK for sexual
 
 
exploitation);
 
 
(z17)
section 59 (trafficking out of the UK for sexual
5
 
exploitation);
 
 
(z18)
section 59A (trafficking for sexual exploitation);
 
 
(z19)
section 61 (administering a substance with intent);
 
 
(z20)
section 62 (committing an offence with intent to commit
 
 
a sexual offence);
10
 
(z21)
section 63 (trespass with intent to commit a sexual offence);
 
 
(z22)
section 64 (sex with an adult relative: penetration);
 
 
(z23)
section 65 (sex with an adult relative: consenting to
 
 
penetration);
 
 
(z24)
section 66 (exposure);
15
 
(z25)
section 66A (sending etc photograph or film of genitals);
 
 
(z26)
section 66AA (taking or recording intimate photograph
 
 
or film);
 
 
(z27)
section 66AC (installing etc equipment to enable taking
 
 
or recording of intimate photograph or film);
20
 
(z28)
section 66B (2) (sharing intimate photograph or film with
 
 
intent to cause alarm, distress or humiliation);
 
 
(z29)
section 66B (3) (sharing intimate photograph or film for
 
 
purpose of obtaining sexual gratification);
 
 
(z30)
section 67 (voyeurism);
25
 
(z31)
section 70 (sexual penetration of a corpse);
 
 
(z32)
section 91 (offences relating to notification).
 
"Asylum and Immigration (Treatment of Claimants, etc.) Act 2004"

Source Bill 233 EN 2024-25

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

 
 
36
An offence under section 4 of the Asylum and Immigration
 
 
(Treatment of Claimants, etc.) Act 2004 (trafficking people for
30
 
exploitation) in a case where the person in relation to whom the
 
 
offence is committed is under the age of 18.
 
"Domestic Violence, Crime and Victims Act 2004"

Source Bill 233 EN 2024-25

Domestic Violence, Crime and Victims Act 2004

Domestic Violence, Crime and Victims Act 2004

 
 
37
An offence under section 5 of the Domestic Violence, Crime and
 
 
Victims Act 2004 (causing or allowing a child or vulnerable adult
35
 
to die or suffer serious physical harm).
 
"Terrorism Act 2006"

Source Bill 233 EN 2024-25

Terrorism Act 2006

Terrorism Act 2006

 
 
38
An offence under any of the following provisions of the Terrorism
 
 
Act 2006 —
 

Page 62

 
(a)
section 10 (misuse of radioactive device or material for
 
 
terrorist purposes etc);
 
 
(b)
section 11 (terrorist threats relating to radioactive devices
 
 
etc).
 
"Criminal Justice and Immigration Act 2008"

Source Bill 233 EN 2024-25

Criminal Justice and Immigration Act 2008

Criminal Justice and Immigration Act 2008

5
 
39
An offence under section 63 of the Criminal Justice and
 
 
Immigration Act 2008 (possession of extreme pornographic
 
 
images).
 
"Coroners and Justice Act 2009"

Source Bill 233 EN 2024-25

Coroners and Justice Act 2009

Coroners and Justice Act 2009

 
 
40
An offence under section 62 of the Coroners and Justice Act 2009
10
 
(possession of prohibited images of children).
 
"Serious Crime Act 2015"

Source Bill 233 EN 2024-25

Serious Crime Act 2015

Serious Crime Act 2015

 
 
41
An offence under section 75A of the Serious Crime Act 2015
 
 
(strangulation or suffocation).
 
"Modern Slavery Act 2015"

Source Bill 233 EN 2024-25

Modern Slavery Act 2015

Modern Slavery Act 2015

15
 
42
An offence under any of the following provisions of the Modern
 
 
Slavery Act 2015 —
 
 
(a)
section 1 (slavery, servitude and forced or compulsory
 
 
labour);
 
 
(b)
section 2 (human trafficking).
20
"Crime and Policing Act 2025"

Source Bill 233 EN 2024-25

Crime and Policing Act 2025

Crime and Policing Act 2025

 
 
43
An offence under any of the following provisions of the Crime
 
 
and Policing Act 2025 —
 
 
(a)
section 38 (online facilitation of child sex exploitation and
 
 
abuse);
25
 
(b)
section 39 (online facilitation of child sex exploitation and
 
 
abuse outside the United Kingdom).
 
"Inchoate offences"

Source Bill 233 EN 2024-25

Inchoate offences

Inchoate offences

 
 
44
An inchoate offence (within the meaning of section 398 of the
 
 
Sentencing Code) in relation to an offence specified in any of the
30
 
preceding paragraphs of this Part of this Schedule.
 

Page 63

Source Bill 233 EN 2024-25

Part 2

Part 2

 
"Representations and information: other offences"

Source Bill 233 EN 2024-25

Representations and information: other offences

Representations and information: other offences

 
"Family Law Act 1996"

Source Bill 233 EN 2024-25

Family Law Act 1996

Family Law Act 1996

 
 
45
An offence under section 42A of the Family Law Act 1996 (offence
 
 
of breaching non-molestation order).
5
"Protection from Harassment Act 1997"

Source Bill 233 EN 2024-25

Protection from Harassment Act 1997

Protection from Harassment Act 1997

 
 
46
An offence under any of the following provisions of the Protection
 
 
from Harassment Act 1997 —
 
 
(a)
section 2 (offence of harassment);
 
 
(b)
section 2A (offence of stalking);
10
 
(c)
section 4 (putting people in fear of violence);
 
 
(d)
section 4A (stalking involving fear of violence or serious
 
 
alarm or distress);
 
 
(e)
section 5 (restraining orders on conviction);
 
 
(f)
section 5A (restraining orders on acquittal).
15
"Crime and Disorder Act 1998"

Source Bill 233 EN 2024-25

Crime and Disorder Act 1998

Crime and Disorder Act 1998

 
 
47
An offence under section 32 of the Crime and Disorder Act 1998
 
 
(racially or religiously aggravated harassment etc).
 
"Serious Crime Act 2015"

Source Bill 233 EN 2024-25

Serious Crime Act 2015

Serious Crime Act 2015

 
 
48
An offence under section 76 of the Serious Crime Act 2015
20
 
(controlling or coercive behaviour in an intimate or family
 
 
relationship).
 
"Stalking Protection Act 2019"

Source Bill 233 EN 2024-25

Stalking Protection Act 2019

Stalking Protection Act 2019

 
 
49
An offence under section 8 of the Stalking Protection Act 2019
 
 
(offence of breaching stalking protection order etc).
25
"Sentencing Code"

Source Bill 233 EN 2024-25

Sentencing Code

Sentencing Code

 
 
50
An offence under section 363 of the Sentencing Code (breaching
 
 
restraining order).
 
"Inchoate offences"

Source Bill 233 EN 2024-25

Inchoate offences

Inchoate offences

 
 
51
An inchoate offence (within the meaning of section 398 of the
30
 
Sentencing Code) in relation to an offence specified in any of the
 
 
preceding paragraphs of this Part of this Schedule.
 

Page 64

Source Bill 233 EN 2024-25

Part 3

Part 3

 
"Information: other offences"

Source Bill 233 EN 2024-25

Information: other offences

Information: other offences

 
"Common law offences"

Source Bill 233 EN 2024-25

Common law offences

Common law offences

 
 
52
Common assault.
 
"Battery."

Source Bill 233 EN 2024-25

Battery.
 
53
Battery.
5
"Offences against the Person Act 1861"

Source Bill 233 EN 2024-25

Offences against the Person Act 1861

Offences against the Person Act 1861

 
 
54
An offence under any of the following provisions of the Offences
 
 
Against the Person Act 1861 —
 
 
(a)
section 24 (maliciously administering poison etc with intent
 
 
to injure, aggrieve or annoy any other person);
10
 
(b)
section 58 (administering drugs or using instruments to
 
 
procure abortion);
 
 
(c)
section 59 (procuring drugs etc to cause abortion).
 
"Prevention of Crime Act 1953"

Source Bill 233 EN 2024-25

Prevention of Crime Act 1953

Prevention of Crime Act 1953

 
 
55
An offence under section 1A of the Prevention of Crime Act 1953
15
 
(offence of threatening with offensive weapon in public).
 
"Suicide Act 1961"

Source Bill 233 EN 2024-25

Suicide Act 1961

Suicide Act 1961

 
 
56
An offence under section 2 of the Suicide Act 1961 (criminal
 
 
liability for complicity in another’s suicide).
 
"Criminal Law Act 1967"

Source Bill 233 EN 2024-25

Criminal Law Act 1967

Criminal Law Act 1967

20
 
57
An offence under section 4 of the Criminal Law Act 1967
 
 
(penalties for assisting offenders).
 
"Criminal Law Act 1977"

Source Bill 233 EN 2024-25

Criminal Law Act 1977

Criminal Law Act 1977

 
 
58
An offence under section 6 of the Criminal Law Act 1977 (violence
 
 
for securing entry).
25
"Mental Health Act 1983"

Source Bill 233 EN 2024-25

Mental Health Act 1983

Mental Health Act 1983

 
 
59
An offence under section 127 of the Mental Health Act 1983
 
 
(ill-treatment of patients).
 
"Criminal Justice Act 1988"

Source Bill 233 EN 2024-25

Criminal Justice Act 1988

Criminal Justice Act 1988

 
 
60
An offence under any of the following provisions of the Criminal
30
 
Justice Act 1988 —
 
 
(a)
section 139 (offence of having an article with blade or
 
 
point in public place);
 

Page 65

 
(b)
section 139A (offence of having article with blade or point
 
 
(or offensive weapon) on education premises);
 
 
(c)
section 139AA (offence of threatening with article with
 
 
blade or point or offensive weapon).
 
"Police Act 1996"

Source Bill 233 EN 2024-25

Police Act 1996

Police Act 1996

5
 
61
An offence under section 89 of the Police Act 1996 (assaults on
 
 
constables).
 
"Crime and Disorder Act 1998"

Source Bill 233 EN 2024-25

Crime and Disorder Act 1998

Crime and Disorder Act 1998

 
 
62
An offence under section 31 of the Crime and Disorder Act 1998
 
 
(racially or religiously aggravated public order offences).
10
"Sexual Offences (Amendment) Act 2000"

Source Bill 233 EN 2024-25

Sexual Offences (Amendment) Act 2000

Sexual Offences (Amendment) Act 2000

 
 
63
An offence under section 3 of the Sexual Offences (Amendment)
 
 
Act 2000 (abuse of position of trust).
 
"Sexual Offences Act 2003"

Source Bill 233 EN 2024-25

Sexual Offences Act 2003

Sexual Offences Act 2003

 
 
64
An offence under any of the following provisions of the Sexual
15
 
Offences Act 2003 —
 
 
(a)
section 66B (1) (sharing intimate photograph or film
 
 
without consent);
 
 
(b)
section 67A (voyeurism: additional offences);
 
 
(c)
section 91 (offences relating to notification);
20
 
(d)
section 103I (breach of sexual harm prevention order etc);
 
 
(e)
section 113 (breach of sexual offences prevention order
 
 
etc);
 
 
(f)
section 122H (breach of sexual risk order etc).
 
"Mental Capacity Act 2005"

Source Bill 233 EN 2024-25

Mental Capacity Act 2005

Mental Capacity Act 2005

25
 
65
An offence under section 44 of the Mental Capacity Act 2005
 
 
(ill-treatment or neglect).
 
"Criminal Justice and Courts Act 2015"

Source Bill 233 EN 2024-25

Criminal Justice and Courts Act 2015

Criminal Justice and Courts Act 2015

 
 
66
An offence under any of the following provisions of the Criminal
 
 
Justice and Courts Act 2015 —
30
 
(a)
section 20 (ill-treatment or wilful neglect: care worker
 
 
offence);
 
 
(b)
section 21 (ill-treatment or wilful neglect: care provider
 
 
offence).
 

Page 66

"Assaults on Emergency Workers (Offences) Act 2018"

Source Bill 233 EN 2024-25

Assaults on Emergency Workers (Offences) Act 2018

Assaults on Emergency Workers (Offences) Act 2018

 
 
67
An offence under section 1 of the Assaults on Emergency Workers
 
 
(Offences) Act 2018 (common assault and battery).
 
"Offensive Weapons Act 2019"

Source Bill 233 EN 2024-25

Offensive Weapons Act 2019

Offensive Weapons Act 2019

 
 
68
An offence under section 52 of the Offensive Weapons Act 2019
5
 
(offence of threatening with an offensive weapon etc in a private
 
 
place).
 
"Sentencing Code"

Source Bill 233 EN 2024-25

Sentencing Code

Sentencing Code

 
 
69
An offence under any of the following provisions of the
 
 
Sentencing Code—
10
 
(a)
section 342G (offences relating to a serious violence
 
 
reduction order);
 
 
(b)
section 354 (breach of sexual harm prevention order).
 
"Domestic Abuse Act 2021"

Source Bill 233 EN 2024-25

Domestic Abuse Act 2021

Domestic Abuse Act 2021

 
 
70
An offence under section 39 of the Domestic Abuse Act 2021
15
 
(breach of domestic abuse protection order).
 
"Crime and Policing Act 2025"

Source Bill 233 EN 2024-25

Crime and Policing Act 2025

Crime and Policing Act 2025

 
"An offence under section 14 of the Crime and Policing Act 2025 ."

Source Bill 233 EN 2024-25

An offence under section 14 of the Crime and Policing Act 2025 .
 
71
An offence under section 14 of the Crime and Policing Act 2025 .
 
"Inchoate offences"

Source Bill 233 EN 2024-25

Inchoate offences

Inchoate offences

 
 
72
An inchoate offence (within the meaning of section 398 of the
20
 
Sentencing Code) in relation to an offence specified in any of the
 
 
preceding paragraphs of this Part of this Schedule.”
 

Source Bill 233 EN 2024-25

Part 4

Part 4

 
"Consequential and other provision"

Source Bill 233 EN 2024-25

Consequential and other provision

Consequential and other provision

 
"Introduction"

Source Bill 233 EN 2024-25

Introduction

Introduction

25
"The Domestic Violence, Crime and Victims Act 2004 is amended as follows."

Source Bill 233 EN 2024-25

The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
 
27
The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
 
"Consequential provision etc"

Source Bill 233 EN 2024-25

Consequential provision etc

Consequential provision etc

 
 
28
Section 45 (interpretation: sections 35 to 44B) and section 46 (victims of
 
 
mentally disordered persons) become new Chapter 4 of new Part 3A
 
 
(created by paragraph 2(1) of this Schedule) with the heading “Interpretation
30
 
etc”.
 
 
29
Omit the italic heading before section 45 .
 
 
30
(1)
Section 45 is amended as follows.
 

Page 67

 
(2)
In subsection (1) —
 
 
(a)
in the words before the list of definitions, for “sections 35 to 44B”
 
 
substitute “this Part”;
 
 
(b)
omit the definitions of “local probation board” and “relevant
 
 
sentence”;
5
 
(c)
at the appropriate places insert—;
 
 
““life sentence” means a sentence of imprisonment, detention
 
 
or custody for life, or during His Majesty’s pleasure;”;
 
 
““release” includes temporary release;”;
 
 
““sentence of imprisonment or detention” includes a detention
10
 
and training order;”;
 
 
““the specified sentence length” , in relation to an offence, means
 
 
12 months;”;
 
 
““victim” means a person who is a victim within the meaning
 
 
given by section 1 of the Victims and Prisoners Act 2024
15
 
other than by virtue of subsection (2) (a) of that section (but
 
 
see sections 44M (4) (c) and 44N (5) which extend the definition
 
 
of victim in those sections).”
 
 
(3)
After subsection (1) insert—
 
 
“(1A)
A reference in any provision of this Part to “the provider of
20
 
probation services” is—
 
 
(a)
where there is only one provider of probation services within
 
 
the meaning given by section 3 (6) of the Offender
 
 
Management Act 2007 , to that provider;
 
 
(b)
otherwise, to the provider of probation services identified
25
 
as having the functions of the provider of probation services
 
 
for the purposes of that provision by arrangements under
 
 
section 3 of that Act (and different providers may be
 
 
identified for different purposes).”
 
 
(4)
Omit subsection (2) .
30
 
(5)
In subsection (3) , for “sections 35 to 44B” substitute “this Part”.
 
 
(6)
In subsection (4) , for “sections 35 to 44B of this Act” substitute “this Part”.
 
 
(7)
In the heading, for “: sections 35 to 44B” substitute “of Part 3A”.
 
 
31
After section 45 insert—
 
“45A
Power to amend list of offences in Schedule 6A
35
 
The Secretary of State may by regulations amend the list of offences
 
 
for the time being specified in Schedule 6A .
 

Page 68

45B
Power to specify duration of term of imprisonment etc
 
 
The Secretary of State may by regulations amend this Part for the
 
 
purposes of changing the meaning of "the specified sentence length"
 
 
either generally or in relation to particular offences.”
 
 
32
Omit the italic heading before section 46 (victims of mentally disordered
5
 
persons).
 
 
33
In section 46 , in the heading, at the end insert “: Northern Ireland”.
 
 
34
(1)
Section 61 of the Domestic Violence, Crime and Victims Act 2004 (orders)
 
 
is amended as follows.
 
 
(2)
In subsection (1) , in the words before paragraph (a) , after “order” insert
10
 
“or regulations”.
 
 
(3)
In subsection (2) , after “order” insert “or regulations”.
 
 
(4)
In subsection (4) —
 
 
(a)
after “order”, in both places it occurs, insert “or regulations”;
 
 
(b)
after “section 14(5),” insert “ 45A , 45B ,”.
15
 
(5)
In the heading, at the end insert “and regulations”.
 
Amendments

No amendments available.