UK Parliament / Open data

Victims and Prisoners Bill

Moved by

Lord Ponsonby of Shulbrede

114: After Clause 38, insert the following new Clause—

“Code for victims of major incidents

(1) The Secretary of State must issue a code of practice as to the services to be provided to victims of major incidents by persons having functions relating to—

(a) victims of major incidents, or

(b) any aspect of official inquiries and investigations following a major incident.

(2) In this Part, the “code for victims of major incidents” means the code of practice issued under this section.

(3) The code for victims of major incidents must make provisions for services which reflect the principles that victims of major incidents—

(a) must be provided with information to help them understand the investigatory processes following the major incident of which they are a victim;

(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 investigatory processes following the major incident of which they are a victim;

(d) must be able to challenge decisions which have a direct impact on them, other than through judicial review.

(4) The Secretary of State may by way of regulations make further provision about the code for victims of major incidents of which a draft must be laid before and approved by a resolution of each House of Parliament.

(5) The Secretary of State may make regulations under subsection (4) only if satisfied that provisions made in the code for victims of major incidents in compliance with the regulations would not result in—

(a) a significant reduction in the quality or extent of the services provided in accordance with the code for victims of major incidents,

(b) a significant restriction in the description of persons to whom services are provided in accordance with the code for victims of major incidents,

(c) a significant restriction in the description of persons having functions in relation to victims of major incidents or any aspect of official inquiries and investigations following a major incident, or

(d) a reduction of the involvement of victims of major incidents in the investigatory processes following the major incident of which they are a victim.

(6) The code for victims of major incidents 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).

(7) The code for victims of major incidents may not require anything to be done by a person acting in a judicial capacity, or on the instructions of or on behalf of such a person.”

Type
Proceeding contribution
Reference
837 cc1854-8 
Session
2023-24
Chamber / Committee
House of Lords chamber
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