Rule 5 Amendment of Part 3
In Part 3 (case management), in rule 3.8 (case preparation and progression)—
for paragraph (7)(a)(ii) substitute—
“(ii)if the companion is a person whose role is specified in regulations made under section 16 of the Victims and Prisoners Act 2024f1 (guidance about specified victim support roles) (in this rule referred to as a “specified person”), must as a general rule allow that person to sit next to or near the witness in the courtroom or at any other place where the witness takes part, subject to any direction under rule 3.9 (Ground rules hearing);”;
in sub-paragraph (7)(b)—
for “an accompanying adviser” substitute “a specified person”;
for paragraph (i) substitute—
“(i)that person’s presence, that person’s name and the identity of the witness whom that person will accompany, and”;
in paragraph (ii), for “the adviser” substitute “that person”;
in sub-paragraph (7)(c), for “an adviser or other” substitute “a”;
omit paragraph (8);
renumber paragraph (9) as (8);
in the first paragraph of the note to the rule, for sub-paragraph (c) substitute—
“(c)the Victim Support (Specified Roles) Regulations 2025f2 and guidance issued under section 16 of the Victims and Prisoners Act 2024. The Regulations specify—
(i)the role of an independent domestic violence adviser (also described in the statutory guidancef3 as an “IDVA”), which is to provide independent support to an individual who is a victim of criminal conduct which constitutes domestic abuse within the meaning of the Domestic Abuse Act 2021f4, where the support provided relates to that conduct,
(ii)the role of an independent sexual violence adviser (also described in the statutory guidancef5 as an “ISVA”), which is to provide independent support to an individual who is a victim of criminal conduct which constitutes conduct of a sexual nature, where the support provided relates to that conduct, and
(iii)the role of an independent stalking advocate (also described in the statutory guidancef6 as an independent stalking advocacy caseworker, or “ISA/C”), which is to provide independent support to an individual who is a victim of criminal conduct which involves acts associated with stalking (to be read in accordance with section 2A of the Protection from Harassment Act 1997f7). (Such a person is not an advocate within the meaning of rule 2.2 of these Rules.)”.
Annotations
Footnotes
- f1
- f2
- f3
-
Published at https://www.gov.uk/government/publications/independent-domestic-violence-adviser-statutory-guidance.
- f4
- f5
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Published at https://www.gov.uk/government/publications/independent-sexual-violence-adviser-statutory-guidance.
- f6
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Published at https://www.gov.uk/government/publications/independent-stalking-advocate-statutory-guidance.
- f7
-
1997 c. 40; section 2A was inserted by section 111(1) of the Protection of Freedoms Act 2012 (c. 9).