Section 49 General functions of CommissionerC1

England and Wales

(1)

The Commissioner must—

(a)

promote the interests of victims and witnesses;

(b)

take such steps as he considers appropriate with a view to encouraging good practice in the treatment of victims and witnesses;

(c)

keep under review the operation of the code of practice issued under section 32.

(2)

The Commissioner may, for any purpose connected with the performance of his duties under subsection (1)—

(a)

make proposals to the Secretary of State F1for Justice for amending the code (at the request of the Secretary of State for Justice or on his own initiative);

(b)

make a report to the Secretary of State for Justice;

(c)

make recommendations to an authority within his remit F2(whether or not made by way of inclusion in a report prepared under paragraph (b) or subsection (4));

(d)

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)

consult any person he thinks appropriate.

(3)

If the Commissioner makes a report to the Secretary of State for Justice under subsection (2)(b)—

(a)

the Commissioner must send a copy of the report to the Attorney General and the F4Secretary of State for the Home Department;

(b)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4)

The Commissioner must prepare in respect of each calendar year a report on the carrying out of the functions of the Commissioner during the year.

(F74A)

A report prepared under subsection (2)(b) or (4) may include provision making recommendations to any authority within the Commissioner’s remit.

(5)

The Commissioner must send a copy of each report prepared under subsection (4) to—

(a)

the Secretary of State for Justice,

(b)

the Attorney General, and

(c)

the Secretary of State for the Home Department.

(F85A)

The Commissioner must arrange for each report prepared under subsection (4) to be laid before Parliament.

(6)

Reports under subsection (2)(b) or (4) must be published by the Commissioner.

(7)

If section 48 comes into force after the beginning of a calendar year, the first report under subsection (4) may relate to a period beginning with the day on which that section comes into force and ending with the end of the next calendar year.

Annotations

Textual amendments

F1: Words in s. 49 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(2)
F2: Words in s. 49(2)(c) inserted (29.1.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 22(2)(b), 81(2) (with s. 32); S.I. 2025/95, reg. 2(d)
F3: S. 49(2)(d) repealed (immediately before 1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 142(3)(a), 178, 182(5), Sch. 23 Pt. 5 (with s. 180); S.I. 2010/145, art. 2(1)
F4: Words in s. 49 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(3)
F5: S. 49(3)(b) repealed (immediately before 1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 142(3)(b), 178, 182(5), Sch. 23 Pt. 5 (with s. 180); S.I. 2010/145, art. 2(1)
F6: S. 49(4)-(7) added (immediately before 1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 142(3)(c), 182(5) (with s. 180); S.I. 2010/145, art. 2(1)(a)
F7: S. 49(4A) inserted (29.1.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 22(2)(c), 81(2) (with s. 32); S.I. 2025/95, reg. 2(d)
F8: S. 49(5A) inserted (29.1.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 22(2)(d), 81(2) (with s. 32); S.I. 2025/95, reg. 2(d)

Modifications

C1: S. 49: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(a), 5(2)(a) (with art. 7)

Notes on Part 3B

Textual amendments

F1: Pt. 3 Ch. 3 renumbered as Pt. 3B (13.8.2026) by Victims and Courts Act 2026 (c. 19), s. 18(1), Sch. 2 para. 2(3); S.I. 2026/918, reg. 2(b)(ii)
F2: Pt. 3B heading inserted (13.8.2026) by Victims and Courts Act 2026 (c. 19), s. 18(1), Sch. 2 para. 2(3); S.I. 2026/918, reg. 2(b)(ii)