The Victims and Prisoners Act 2024 (Commencement No. 9) Regulations 2025
These Regulations, made by the Secretary of State under powers granted by the Victims and Prisoners Act 2024, enact the ninth commencement order for that Act, bringing specified provisions into force across England and Wales on 31st December 2025.
These provisions include amendments allowing the Secretary of State, Lord Chancellor, and Attorney General to mandate scrutiny of victims' treatment within joint inspections conducted by various inspectorates, alongside new mechanisms requiring the Parole Board to refer certain release decisions for life and fixed-term prisoners to the High Court for final determination, with consequential provisions assigning the Secretary of State responsibility for setting and varying associated licence conditions.
Arguments For
Implements key legislative provisions of the Victims and Prisoners Act 2024 designed to improve the experience and treatment of victims within the justice system, specifically regarding joint inspections.
Establishes a new oversight mechanism for certain decisions regarding the release of life and fixed-term prisoners, involving referral from the Parole Board to the High Court for a fresh determination.
Clarifies responsibility for setting and varying licence conditions for prisoners released following a High Court referral, ensuring legal consistency in post-release supervision.
Provides a clear timetable for the activation of specific powers relating to justice system oversight and offender management, ensuring orderly introduction of new laws.
Arguments Against
The phased commencement schedule, requiring multiple Statutory Instruments for the full activation of the 2024 Act, can lead to confusion regarding which provisions are currently in force.
Shifting the responsibility for reviewing certain release decisions from the Parole Board to the High Court may introduce administrative complexity and impact the speed of release decisions for serious offenders.
Any delay in bringing specific sections relating to victims' treatment into force reduces the immediate impact of legislative improvements intended for victims of crime.
The specific commencement date of 31st December 2025 requires relevant justice agencies in England and Wales to prepare systems and training for operational changes related to inspection protocols and judicial review of parole decisions.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 81(2) of the Victims and Prisoners Act 20241.
The Secretary of State created these Regulations using authority given by Section 81(2) of the Victims and Prisoners Act 2024.
Citation and extent
- (1) These Regulations may be cited as the Victims and Prisoners Act 2024 (Commencement No. 9) Regulations 2025.
(2) These Regulations extend to England and Wales.
The official title of these legal rules is the Victims and Prisoners Act 2024 (Commencement No. 9) Regulations 2025.
The rules apply only within the legal jurisdictions of England and Wales.
Provisions coming into force on 31st December 2025 2. The following provisions of the Victims and Prisoners Act 2024 come into force on 31st December 2025—
(a) Section 23(3) (His Majesty’s Chief Inspector of Prisons);
(b) Section 24(3) (His Majesty’s Chief Inspector of Constabulary);
(c) Section 25(3) (His Majesty’s Chief Inspector of the Crown Prosecution Service);
(d) Section 26(3) (His Majesty’s Chief Inspector of Probation for England and Wales);
(e) Section 61 (referral of release decisions: life prisoners);
(f) Section 62 (referral of release decisions: fixed-term prisoners);
(g) Section 63 (licence conditions of life prisoners released following referral);
(h) Section 64 (licence conditions of fixed-term prisoners released following referral).
Specific sections of the 2024 Act become legally active on 31st December 2025 across England and Wales.
These sections deal with specific amendments concerning the inspectors general for Prisons, Constabulary, the Crown Prosecution Service, and Probation.
Furthermore, sections 61 and 62 establish procedures for referring certain release decisions made by the Parole Board for both life-sentenced individuals and those serving fixed terms back to the High Court for a new decision.
Sections 63 and 64 assign administrative responsibility to the Secretary of State for managing the licence conditions attached to prisoners who are released following a decision made after such a referral.