Key Facts

• Amendments 27 and 28 have been tabled.
• Clause 2 sets out that the victims’ code cannot place requirements on relevant prosecutors in relation to their prosecutorial discretion.
• The clause allows for regulations to be made about the code, setting a framework for future updates.
• Amendment 11 places a duty on the Justice Secretary to consult the Victims’ Commissioner when drafting the victims code.
• Amendment 12 would place a duty on the Justice Secretary to consult the Victims’ Commissioner on any future revision of the code.
• The Victims' Commissioner is established by Parliament under the Domestic Violence, Crime and Victims Act 2004.
• Clause 3 sets out the procedure for preparing and issuing the victims code.
• Clause 4 allows for minor amendments to be made without full public consultation.
• The Attorney General is required to be consulted ahead of public consultations on the draft victims code.
• The clause does not allow for litigation against individuals for non-compliance with the victims' code.
• Only 23% of victims and 22% of the public were aware of the victims' code in 2019-20.
• Clause 6 requires criminal justice bodies to promote awareness and keep compliance under review, including collecting and sharing information with police and crime commissioners.
• The Victims' Commissioner and inspectorates will participate in a new national governance system.
• Clauses 8 and 9 mirror the duties placed on criminal justice bodies for British Transport police and Ministry of Defence police.
• A requirement exists to share compliance information with the Secretary of State.
• The amendment seeks to clarify that criminal justice bodies must collect information about victim services according to the victims’ code.
• 'Reasonable steps' is a commonly used term in legislation and mirrors Section 24 of the Domestic Abuse Act 2021.
• The minister supports the existing use of 'reasonable steps' rather than requiring specific actions like raising awareness.
• Edward Argar discusses operational flexibility for victim communication, emphasizing sensitivity and appropriateness of timing.
• The government will use statutory guidance to set out further detail on expectations for criminal justice agencies regarding when and how they should communicate the victims code.
• Existing powers are sufficient for the Victims' Commissioner to obtain necessary information without additional duties for cooperation from public authorities.
• Amendment 14 would require the Secretary of State to share compliance information with the Commissioner within two days.
• The Commissioner must use this information to prepare an assessment including compliance in each police area, systemic non-compliance, opportunities for improvement, and best practices.
• The process aims to increase transparency and accountability regarding victims' code compliance.
• The Victims' Commissioner has existing legislative responsibility to review the operation of the victims’ code.
• Clause 10 mandates the Secretary of State to publish victims code compliance information and requires police and crime commissioners to publicise this information locally.
• The clause aims to drive performance by providing transparency across public functions.
• Clause 11 requires the Secretary of State to issue statutory guidance supporting code awareness and compliance duties.
• Guidance topics include making the code accessible, providing staff training, local reviews by police and crime commissioners, good or poor performance indicators, oversight structures, data sharing, and information collection frequencies.
• The frequency of information collection will be set out in regulations and reflected in the guidance.
• New clause 5 aims to ensure the Victims Code is accessible to all victims.
• Rising Sun highlighted a case where a victim's disability was not factored into her support plan.
• Angela, who struggles with language skills in stressful situations, was wrongly arrested and had to wait until evening for an interpreter.
• New clause 11 would place a duty on the Secretary of State to make an annual statement on compliance with the Victims Code.
• New clause 12 requires setting minimum threshold levels of compliance with each right of the Victims Code.
• The Minister supports the aim of the new clauses but believes existing measures in the Victims and Prisoners Bill are sufficient.
• Argar mentions a Government communications campaign aimed at raising awareness among practitioners, victims, and the public.
• He is considering how to ensure accessibility for all who need it, including translating core documents.
• The College of Policing developed the Domestic Abuse Matters programme which has been delivered to most forces.
• The CPS will develop bespoke trauma-informed training on domestic abuse with specialist support organisations.
• In 2019-20, only 23% of victims and 22% of the public were aware of the code, and 45% of victims felt informed by police and criminal justice agencies.
• Key criminal justice agencies will review their compliance with the code.
• Reports will be shared in a national forum reviewed by the Secretary of State.
• Annual reporting to Parliament on accountability measures is proposed.