Policy background The Victims’ Code
Under section 32 of the Domestic Violence, Crime and Victims Act 2004 (the 2004 Act), the Secretary of State must issue a Code of Practice for services to be provided to victims of criminal conduct by those persons working in the criminal justice system or having some function related to it. The first Code of Practice for Victims of Crime (Victims’ Code) came into effect in 2006. It has since been updated several times. The latest Victims’ Code, which was laid before Parliament in November 2020 and came into force on 1 April 2021, sets out 12 overarching services which eligible victims are entitled to receive, and these are referred to as ‘rights’ in the Code.
	In December 2021, the Government consulted on proposals to place the key principles of the Code in primary legislation and the detail of the Code in regulations and guidance, with the intent of raising the profile of the Victims’ Code.
	Respondents to the consultation were in favour of these proposals. This Act repeals the Code provisions of the 2004 Act, restates them with amendments and sets out in primary legislation the key principles that must be reflected in the services provided for by the Victims’ Code.
	The Act also creates a power for the Secretary of State to make regulations which make further provision about the Victims’ Code, including about matters that the Code must include. The intention is that the regulations will set out a framework for the new Code by reference to the twelve key entitlements from the 2020 Code, to ensure victims continue to receive this level of service from criminal justice agencies, and to enhance Parliamentary oversight of the Code. This approach retains flexibility to review and amend the framework of the Code, to ensure that it stays relevant for victims. It also provides flexibility for further matters to be provided for in the regulations, if and when the Secretary of State deems it necessary.
	The new Victims’ Code issued under the Act is a statutory code which will set out in detail the services that should be provided to victims of crime. The Code needs to reflect the key principles as set out in the Act and accord with any provision set out in the regulations. The Act requires the Secretary of State to have regard to the needs of victims under the age of 18 and those with protected characteristics when considering whether to make different provision for different victims within the Code. The Code will explain who is entitled to access services and provide information about how they will be delivered.
	The current legislation requires a public consultation before any changes can be made to the Victims’ Code and the Act requires a public consultation to be held on any changes made to the Victims’ Code. However, any amendments that the Secretary of State deems to be minor changes, such as clarifications or corrections can be made without a public consultation. The Secretary of State is required to consult with the Victims’ Commissioner and Welsh Ministers for any revisions to the Code, including minor revisions.
	The Act introduces a duty for Code service providers to provide their services in accordance with the Code unless there is a good reason not to. This makes it clear that compliance with the Victims’ Code is not optional, while allowing operationally justifiable reasons to depart from the Code in individual cases where needed (for example, where a timescale is not met in order to deliver complex and sensitive information appropriately).
	The Act places a duty on Code service providers to have complaints procedures for non-compliance with their duty to provide services in accordance with the Code, to demonstrate that complaints are taken seriously and that there should be clear avenues to resolve issues within the relevant body when victims do not receive the level of service they are entitled to.