The Victims and Prisoners Act 2024 (Commencement No. 7) Regulations 2025
These regulations, effective June 25, 2025, implement several sections of the Victims and Prisoners Act 2024.
Key provisions include allowing victims of certain crimes to submit impact statements at mental health tribunals and appointing a standing advocate for victims of major incidents.
The regulations also clarify information-sharing practices and data protection concerns related to these processes.
These provisions represent the seventh set of commencement regulations under the 2024 Act.
Arguments For
Improved Victim Support: The regulations enhance victims' rights by allowing them to provide impact statements in mental health tribunals and establishing a standing advocate for victims of major incidents. This improved access to justice aligns with contemporary advocacy efforts.
Enhanced Accountability for Major Incidents: The commencement order aims to ensure better responses to major incidents by establishing a standing advocate and clarifying the roles and responsibilities related to advocacy. This fosters a greater sense of duty of care and accountability among authorities.
Improved Information Sharing and Data Protection: While partially addressed in previous commencement orders, this further clarifies information sharing processes related to victims' protection and promotes data protection compliance.
Streamlined Legal Framework: Bringing these provisions into effect completes the legal framework of the Victims and Prisoners Act 2024 in a phase-wise, organised approach, thereby increasing legal enforceability.
Legal and Historical Basis: The regulations are made under the power conferred by section 81(2) of the Victims and Prisoners Act 2024, establishing a clear legal foundation for implementation.
Arguments Against
Potential Resource Constraints: Implementing the regulations, particularly establishing and running the standing advocate's office, demands considerable resources (staffing, training, etc.). This could pose considerable resource management challenges.
Unintended Consequences: The introduction of victim impact statements in mental health tribunals may inadvertently involve victims in complex procedures. The need for careful procedural safeguards and victim support mechanisms must be ensured.
Implementation Challenges: Coordinating the actions of various agencies involved in major incident responses and ensuring the effective collaboration of the standing advocate with agencies may encounter unforeseen obstacles.
Overburdening of the Legal System: The establishment of a standing advocate may generate a considerable increase in reporting demands and potentially overburden the system.
Alternative Approaches: Alternative approaches for victims' support, especially those focusing on victim-centric restorative justice models, could be more efficient and effective in some major incident cases.
- Citation and extent (1) These Regulations may be cited as the Victims and Prisoners Act 2024 (Commencement No. 7) Regulations 2025. (2) These Regulations extend to England and Wales.
This section provides the official title of these regulations and states their applicability.
The regulations are officially titled "Victims and Prisoners Act 2024 (Commencement No. 7) Regulations 2025".
They apply to England and Wales.
- Provisions coming into force on 25th June 2025 The following provisions of the Victims and Prisoners Act 2024 come into force on 25th June 2025— (a) Section 21 (victim impact statements to mental health tribunals (restricted patients)); (b) Section 34(6)(a) and (7) (meaning of “major incident” etc); (c) Section 35 (appointment of standing advocate); (d) Section 36(3)(a) (appointment of advocates in respect of major incidents); (e) The remainder of section 40 (role of advocates under Part 1 of the Coroners and Justice Act 2009); (f) Section 41(1), (2), (6)(b) and (7)(b) (reports to the Secretary of State); (g) Section 42(1)(a) (publication of reports); (h) Section 43(a) (information sharing and data protection).
This section details which parts of the Victims and Prisoners Act 2024 will become effective on June 25, 2025.
These sections cover several key aspects, including victim impact statements in mental health tribunals, the definition of major incidents, the appointment of standing advocates, and related reporting requirements.
Signed by the authority of the Secretary of State Alex Davies-Jones Parliamentary Under-Secretary of State Ministry of Justice 19th June 2025
This section contains the signature and authorization information confirming the regulations' official adoption, including the signatory's title and the date of signature.
Explanatory Note (This note is not part of the Regulations) These Regulations bring into force certain provisions of the Victims and Prisoners Act 2024 (c. 21) (“the 2024 Act”) on 25th June 2025. These are the seventh commencement Regulations made under the 2024 Act. Regulation 2(a) brings into force section 21 from Part 1 of the 2024 Act (victims of criminal conduct). Section 21 introduces entitlements for certain victims of offenders subject to hospital orders with restriction orders (pursuant to sections 37 and 41 of the Mental Health Act 1983 (c. 20)) to make a victim impact statement to the First-tier Tribunal (Mental Health) or the Mental Health Review Tribunal for Wales (“the Tribunal”); and, where a tribunal hearing is due to take place and the victim has applied to attend the hearing to read their statement, to have that application granted by the Tribunal unless there are good reasons not to. The entitlements are introduced by way of insertion of a new section 37ZA into the Domestic Violence, Crime and Victims Act 2004 (c. 28) (“the 2004 Act”) and will apply to victims of offenders convicted of a sexual, violent or terrorism offence. Pursuant to new section 37ZA(4), the Tribunal may have regard to the statement when deciding what discharge conditions to impose on the offender, but must not have regard to it in relation to any other matter, for example, the discharge decision itself. The new entitlements will apply where an application or reference listed in section 37(5) of the 2004 Act is made to the Tribunal. These entitlements will apply to applications or references made to the Tribunal on or after the day on which section 21 comes into force (25th June 2025). Regulations 2(b) to (h) bring into force provisions from Part 2 of the 2024 Act (victims of major incidents) that relate to the appointment and functions of the standing advocate. The standing advocate will be a permanent advocate for victims of major incidents and will advise the Secretary of State on their interests and the response of public authorities. The advocate will report annually on the exercise of its functions in that year, and may also report at the request of the Secretary of State or at their own discretion on matters relating to a major incident to which they have been appointed. A full impact assessment has not been produced for this instrument as no, or no significant impact, on the private, voluntary or public sector is foreseen.
The explanatory note provides further context and details about the regulations not included in the main text.
It breaks down the impact of each regulation, clarifies how various legal sections interact, and explains the lack of a full impact assessment.
The note clarifies the purpose and effects of the provisions being implemented.
It also notes that no significant impact on the public, private or voluntary sector is foreseen.
NOTE AS TO EARLIER COMMENCEMENT Regulations (This note is not part of the Regulations) The following provisions of the Victims and Prisoners Act 2024 have been brought into force by commencement Regulations made before the date of these Regulations. [Table detailing previously commenced sections of the Victims and Prisoners Act 2024]
This section is a table listing previous commencement regulations associated with the Victims and Prisoners Act 2024, indicating the sections enacted and their respective commencement dates.
This provides the regulatory history, showing that parts of the 2024 Act have been implemented previously.