I am pleased to announce that the Government have commenced another victim-related measure in the Victims and Prisoners Act 2024.
Tomorrow, we will commence Section 21 of the Act, which will bring arrangements for victims of certain offenders detained under the Mental Health Act more closely in line with those for victims of offenders detained in prison whose release conditions are determined by the Parole Board. This has been called for by the Victims’ Commissioner, Baroness Newlove, for some time and will make a real difference to the experience of victims and their families in these processes.
Previously, victims engaging with the victim contact scheme were able to provide their views on discharge conditions for offenders to the mental health tribunal, but were not able to make a statement explaining to the decision makers the impact that the crime had on them—a victim impact statement. Victims are able to give such explanations to the Parole Board through a victim personal statement. Through the commencement of this measure, victims will be able to make a victim impact statement to the first-tier tribunal (mental health) in England, and the mental health review tribunal for Wales, where they are considering discharge of an offender. The tribunal can consider the victim impact statement as part of its decision on what discharge conditions to impose on the offender, but must not consider it for any other purpose.
This measure also requires that, where a tribunal hearing is due to take place and a victim applies to attend that hearing to read their statement, the tribunal should grant the application unless there are good reasons not to. Under the victim contact scheme, victims will have a victim liaison officer, who will inform them of the entitlement, and support them in making a victim impact statement, if they wish to do so. The victim liaison officer will support the victim to consider if they want to read it aloud to the tribunal or have their victim liaison officer do so on their behalf. They will also attend the hearing with them to provide support on the day.
This measure brings victims’ entitlements more in line with those of victims whose offenders are in the prison system, and it is an important way for victims and their families to have a voice in the process, regardless of where the offender is detained.
[HCWS733]