Moved by
Baroness Chakrabarti
23: Leave out Clause 2 and insert the following new Clause—
“The victims’ code
(1) Schedule (The victims’ code) to this Act contains the code of practice as to the services to be provided to victims by persons having functions relating to—
(a) victims, or
(b) any aspect of the criminal justice system.
(2) In this Part, the “victims’ code” means the code of practice in Schedule (The victims’ code) as from time to time amended by way of subsection (4) below.
(3) The victims’ code shall make provision for services which reflect the principles that victims—
(a) must be provided with information to help them understand the criminal justice process;
(b) must be able to access services which support them (including, where appropriate, specialist services);
(c) must have the opportunity to make their views heard in the criminal justice process;
(d) must be able to challenge decisions which have a direct impact on them.
(4) The Secretary of State may amend the victims’ code by way of regulations made by statutory instrument.
(5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(6) But the Secretary of State may make regulations under subsection (4) only if satisfied that such amendment would not result in a significant—
(a) reduction in the quality or extent of the services provided in accordance with the victims’ code, or
(b) restriction in the description of persons to whom services are provided in accordance with the victims’ code.
(7) The victims’ code may restrict or vary the application of its provisions to—
(a) victims of specified descriptions (including those who are victims by virtue of specific conduct or conduct constituting specified offences);
(b) specified persons who have functions of the kind mentioned in subsection (1).
(8) The victims’ code may include provision requiring or permitting the services which are to be provided to a victim to be provided to one or more other persons—
(a) instead of the victim (for example, where the victim has died), or
(b) as well as the victim.
(9) The victims’ code may make different provision for different purposes including different provision for—
(a) victims of different descriptions;
(b) persons who have different functions of a kind mentioned in subsection (1);
(c) different areas.
(10) The victims’ code may not require anything to be done by a person acting in—
(a) a judicial capacity, or on the instructions of or on behalf of such a person;
(b) the discharge of a prosecution function, if that function involves the exercise of a discretion.
(11) In this section, “specified” means specified in the victims’ code.”
Member's explanatory statement
This amendment places the victims’ code on a firmer statutory footing as a Schedule to the Bill, amendable by regulations subject to the affirmative procedure. Another amendment will follow to add the Schedule referred to in this clause.