Explanatory note

These are the first commencement regulations made under the Victims and Courts Act 2026 (c. 19) (“the 2026 Act”).

Regulation 2 brings into force certain provisions of the 2026 Act. Those provisions both introduce sections 44M (power to disclose information to victims etc) and 44O (saving for other powers of provider of probation services) into the Domestic Violence, Crime and Victims Act 2004 (c. 28) (“the 2004 Act”) and other provisions of the 2026 Act necessary to bring those sections of the 2004 Act into force.

Section 44M applies where a victim makes a request for information to the provider of probation services. If the provider of probation services considers that the victim would be at risk of physical or psychological harm if information is not provided in accordance with that section, they may provide the information to the victim that they would be required or permitted to provide as if the request had been made under the provisions specified in the table in section 44M. Requests for information made under section 44M will be made to the provider of probation services, but in relation to some offenders subject to orders made under the Mental Health Act 1983 (c. 20), these provisions will impose obligations on responsible clinicians, managers of relevant hospitals and the First-tier Tribunal or the Mental Health Review Tribunal for Wales.

Section 44O provides that nothing in section 44M will limit any power that the provider of probation services has under Part 3 of the 2004 Act.

An Impact Assessment has been produced in relation to the provisions of the 2026 Act, including the provisions being commenced by these Regulations and a copy is available at https://assets.publishing.service.gov.uk/media/681b1b5b386c17c856f1735e/vac-victims-ia.pdf.