Commentary on Sections Northern Ireland Section 48: Commissioner for Victims and Witnesses
138.Section 48 provides for a Commissioner for Victims and Witnesses to be appointed by the Secretary of State, in consultation with the Attorney General and the Lord Chancellor. The effect of providing that the Commissioner is a corporation sole (subsection (3)) is that the office of the Commissioner has legal personality and that the Commissioner (in his capacity as office holder) can hold property, bring legal proceedings and employ staff. Sub-sections (4) and (5) provide that the Commissioner is not to be a Crown servant, which would be inappropriate to his independent role.
139.Subsection (6) introduces Schedule 8, which makes detailed provision about the Commissioner. Paragraph 1 provides for the Secretary of State to appoint a Deputy Commissioner who will carry on the Commissioner’s functions if he is unable to do so. Paragraphs 2, 5 and 6 concern the terms of appointment and remuneration of the Commissioner and Deputy Commissioner and paragraph 10 provides that they will be disqualified from sitting in Parliament or the Northern Ireland Assembly (office holders are usually disqualified from membership of the Scottish Parliament and National Assembly for Wales by order made by the relevant authority). Paragraphs 3 and 4 allow the Commissioner to appoint his own staff and to authorise them to carry out his functions. Paragraphs 8 and 9 provide for the Commissioner to prepare an annual plan, which will be subject to the approval of the Secretary of State, and to prepare an annual report which he must send to the Secretary of State, who will be required to lay the report before Parliament and publish it.