The Victims and Prisoners Act 2024 (Permitted Disclosures) Regulations 2025
These Regulations, made under the Victims and Prisoners Act 2024, amend the list of permitted disclosures that cannot be precluded by agreement, specifically allowing victims of crime to disclose information to the Criminal Injuries Compensation Authority (CICA) for compensation claims under relevant schemes and to courts or tribunals handling related proceedings.
Additionally, the regulations expand the definition of a 'qualified lawyer' within the Act to include registered foreign lawyers, ensuring victims can seek relevant legal advice regarding their victimization.
Arguments For
Enables victims of crime to disclose necessary information to the Criminal Injuries Compensation Authority (CICA) when making compensation claims under the Criminal Injuries Compensation Scheme or the Victims of Overseas Terrorism Compensation Scheme.
Ensures that agreements attempting to restrict victim disclosures do not prevent victims from seeking redress or challenging decisions made by the CICA in relation to their compensation claims via courts or tribunals.
Extends the definition of 'qualified lawyer' to include 'registered foreign lawyers,' allowing victims to seek relevant legal advice outside the scope of domestic solicitors and barristers, thereby increasing access to justice regarding criminal conduct matters.
Arguments Against
Implementation complexity may arise from defining 'relevant conduct' and aligning the new disclosure rules with existing compensation scheme criteria.
Although the stated impact is negligible, any extension of information disclosure powers might raise minor concerns regarding data handling protocols within the CICA and associated judicial/tribunal bodies.
The change might lead to an increased administrative burden on courts and tribunals when processing proceedings specifically related to CICA decisions mentioned in paragraph (eb).
The Secretary of State makes these Regulations in exercise of the power conferred by section 17(4)(a) of the Victims and Prisoners Act 2024.
In accordance with section 79(5) of that Act, a draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament.
The Secretary of State created these Regulations by using the power given in section 17(4)(a) of the Victims and Prisoners Act 2024.
Before enacting these rules, Parliament formally reviewed and approved a draft version, as required by section 79(5) of that same Act.
Citation, commencement and extent
- (1) These Regulations may be cited as the Victims and Prisoners Act 2024 (Permitted Disclosures) Regulations 2025.
(2) These Regulations come into force on the day after the day on which they are made.
(3) These Regulations extend to England and Wales.
The official title of this legislation is the Victims and Prisoners Act 2024 (Permitted Disclosures) Regulations 2025.
The legislation becomes legally active the day immediately following its formal creation date.
These rules apply only within the jurisdictions of England and Wales.
Amendment to section 17 of the Victims and Prisoners Act 2024
- (1) Section 17 of the Victims and Prisoners Act 2024 (disclosures by victims that cannot be precluded by agreement) is amended as follows.
(2) In subsection (2)—
(a) after paragraph (e) insert—
“(ea) to the Criminal Injuries Compensation Authority, for the purpose of a claim for compensation in relation to relevant conduct under the Criminal Injuries Compensation Scheme or the Victims of Overseas Terrorism Compensation Scheme;
(eb) to a court or tribunal, for the purpose of issuing or pursuing any proceedings in relation to a decision of the Criminal Injuries Compensation Authority made in connection with a claim mentioned in paragraph (ea);”
(b) in paragraph (f), for the words from “or (e)” to the end substitute “, (e) or (ea), or on behalf of a court or tribunal mentioned in paragraph (eb), for the purpose mentioned in the paragraph in question;”.
(3) In subsection (6)—
(a) before the definition of “entitled to practise” insert—
““Criminal Injuries Compensation Scheme” means—
(a) the schemes established by arrangements made under section 1 of the Criminal Injuries Compensation Act 1995, or
(b) arrangements made by the Secretary of State for compensation for criminal injuries in operation before the commencement of those schemes;”;
(b) in the definition of “qualified lawyer”, after “2007” insert “or a person who is a registered foreign lawyer”;
(c) after the definition of “qualified lawyer” insert—
““registered foreign lawyer” means a person who is registered with the Law Society under section 89 of the Courts and Legal Services Act 1990;”;
(d) after the definition of “relevant conduct” insert—
““Victims of Overseas Terrorism Compensation Scheme” means the scheme established by arrangements made under section 47 of the Crime and Security Act 2010.”.
This regulation modifies Section 17 of the 2024 Act, which deals with disclosures victims are allowed to make regardless of contractual agreements.
Specifically, disclosures made to the Criminal Injuries Compensation Authority (CICA) are now permitted if they relate to claims under the Criminal Injuries Compensation Scheme or the Victims of Overseas Terrorism Compensation Scheme.
Furthermore, victims can now disclose information to courts or tribunals when they are challenging or enforcing a decision made by CICA concerning those compensation claims.
Concurrently, the list explaining which lawyers a victim may disclose information to is updated to include registered foreign lawyers.
Definitions clarify that the 'Criminal Injuries Compensation Scheme' covers predecessor arrangements for compensation, and a 'registered foreign lawyer' is defined based on registration with the Law Society under the Courts and Legal Services Act 1990.