The Victims and Courts Act 2026 (Commencement No. 1) Regulations 2026

Published: Wed 12th Aug 26

Activated legal powers on 13 August 2026 allowing probation services to disclose offender information to victims deemed at risk of harm.

These Regulations bring specific provisions of the Victims and Courts Act 2026 into force on 13 August 2026, primarily concerning the disclosure of information to victims of crime. They empower probation service providers to share information with victims who may be at risk of physical or psychological harm, even if the standard criteria for the statutory Victim Contact Scheme are not fully met.

The regulations also apply to responsible clinicians and hospital managers in cases involving offenders under the Mental Health Act 1983, ensuring they respond to information requests related to victim safety.

Arguments For

The explanatory note states that the measures allow probation providers to share information with victims who would otherwise be at risk of physical or psychological harm.
The document indicates that the regulations provide a legal framework for information sharing involving offenders subject to Mental Health Act 1983 orders, including obligations for clinicians and hospital managers.
Proponents, via the accompanying Impact Assessment, suggest these changes clarify the legal authority for providers to disclose necessary details to ensure victim safety.

Arguments Against

Legal analysts may note that the selective commencement of specific subsections (44M and 44O) rather than the entire Schedule 2 could create a fragmented legal framework during the transition period.
Privacy advocates might raise concerns regarding the breadth of discretionary information sharing and how "risk of psychological harm" is defined by probation providers.
Operational experts may point to implementation challenges for hospital managers and the First-tier Tribunal, who are now subject to information-sharing obligations triggered by probation service requests.

Citation and interpretation

—(1) These Regulations may be cited as the Victims and Courts Act 2026 (Commencement No. 1) Regulations 2026. (2) In these Regulations, 'the 2004 Act' means the Domestic Violence, Crime and Victims Act 2004.

This section establishes the official name of the regulations and defines 'the 2004 Act' as the Domestic Violence, Crime and Victims Act 2004.

These definitions ensure consistent interpretation of the subsequent legal instructions.

Provisions coming into force on 13th August 2026

The following provisions of the Victims and Courts Act 2026 come into force on 13th August 2026— (a) section 7 (victims' rights to make representations and receive information etc) in so far as it relates to the provisions of Schedule 2 commenced by paragraph (b); (b) in Schedule 2— (i) paragraphs 1 and 23 in so far as they relate to the provisions commenced by subparagraphs (ii) to (v); (ii) paragraphs 2 and 27 to 29; (iii) paragraph 24 but only in so far as it is necessary to enable a response to be made to any request received under section 44M of the 2004 Act; (iv) paragraph 25 but only to the extent that it inserts sections 44M and 44O into the 2004 Act; (v) paragraph 30(1), (2) and (3) but only for the purpose of any request received under section 44M of the 2004 Act.

This section activates specific parts of the Victims and Courts Act 2026 on 13 August 2026.

It specifically introduces new sections (44M and 44O) into the 2004 Act, which permit probation services to share information with victims at risk of harm.

The legal effect is limited to these specific information-sharing mechanisms and the administrative duties required to respond to such requests, including those involving mental health patients and tribunal records.

View Source

Culture and Sport Justice Transport