Victims and Witnesses of Crime Bill

Closes 25 Sep 2026

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Clauses 9 to 15 - Charter service providers

Clause 9 - Meaning of "charter service provider"

Clause 10 - Compliance with the Victim Charter

Clause 11 - Statistics relating to the Victim Charter

Clause 12 - Power to extend sections 10 and 11 to the Witness Charter

Clause 13 - Co-operation with Commissioner

Clause 14 - Complaints

Clause 15 - Disclosure of information

Related information

Meaning of “charter service provider”

9.—(1) In this Part, “charter service provider” means any of the following criminal justice agencies—

(a) the Department, but only in respect of functions exercised—

(i) by the Northern Ireland Prison Service;

(ii) by the Youth Justice Agency;

(iii) under relevant compensation legislation;

(iv) by the Northern Ireland Courts and Tribunals Service;

(b) the Police Service of Northern Ireland;

(c) the Public Prosecution Service for Northern Ireland;

(d) the Probation Board for Northern Ireland;

(e) the Belfast Harbour Police;

(f) the Belfast International Airport Constabulary;

(g) such other criminal justice agencies as the Department may by regulations specify.

(2) Before making regulations under subsection (1)(g), the Department must consult—

(a) the Commissioner, and

(b) such criminal justice agencies as the Department considers appropriate.

(3) In this section—

“criminal justice agency” means a body or person which has any functions relating to—

(a) victims,

(b) witnesses in criminal investigations or criminal proceedings, or

(c) any other aspect of the criminal justice system.

“relevant compensation legislation” means—

(a) the Criminal Damage (Compensation) (Northern Ireland) Order 1977, and

(b) the Criminal Injuries Compensation (Northern Ireland) Order 2002.

 

Compliance with the Victim Charter

10.—(1) The Commissioner must monitor compliance with the Victim Charter by any charter service provider specified in it.

(2) For that purpose, the Commissioner may request a charter service provider to disclose to the Commissioner any information that the Commissioner considers necessary.

(3) A charter service provider must, so far as is appropriate and reasonably practicable, comply with a request made to it under subsection (2).

 

Statistics relating to the Victim Charter

11.—(1) A charter service provider specified in the Victim Charter must—

(a) provide to the Commissioner such statistics relating to the provision of relevant services as may be determined under subsection (3);

(b) collect and retain, or arrange for the collection and retention of, any data that is reasonably required for that purpose.

(2) “Relevant services” are services that are set out in the Victim Charter to be provided to victims by charter service providers specified in the charter.

(3) For the purposes of subsection (1)(a), the Department must by regulations make provision setting out how the particular statistics, or category of statistics, to be provided to the Commissioner are to be determined.

(4) Regulations made by the Department may specify—

(a) the form and manner in which the statistics must be provided;

(b) the intervals at which the statistics must be provided.

(5) Regulations made by the Department may require a charter service provider to provide to the Commissioner, along with the statistics, a report setting out how the provider has produced the statistics and the steps taken to ensure that they are accurate.

(6) Before making regulations under this section, the Department must consult—

(a) the Commissioner;

(b) such charter service providers as the Department considers appropriate.

 

Power to extend sections 10 and 11 to the Witness Charter

12.—(1) The Department may by regulations amend sections 10 and 11 for the purpose of extending any provision that applies in relation to the Victim Charter to the Witness Charter.

(2) Before making regulations under this section the Department must consult—

(a) the Commissioner;

(b) such charter service providers as the Department considers appropriate.

 

Co-operation with Commissioner

13.—(1) The Commissioner may request a charter service provider to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of the Commissioner’s functions.

(2) A charter service provider which receives a request under subsection (1) must respond to that request—

(a) confirming that it will comply with the request so far as reasonably practicable, or

(b) stating that it will not comply with the request and the reason for that non-compliance.

 

Complaints

14.—(1) Each charter service provider must maintain a record of—

(a) any complaint falling within subsection (2), and

(b) the outcome of any such complaint.

(2) A complaint falls within this subsection if it—

(a) is made by a person who is, or appears to be, a victim or witness,

(b) is made against the charter service provider, and

(c) relates to an alleged breach of the charter service provider’s obligations under the Victim Charter or the Witness Charter.

(3) As soon as reasonably practicable after the end of each financial year, each charter service provider must prepare and send to the Commissioner a report—

(a) summarising any complaints received in that year and falling within subsection (2),

(b) summarising the outcome of any such complaints that have been resolved, and

(c) recording the status of any such complaints that have not been resolved.

 

Disclosure of information

15.—(1) A charter service provider may disclose any information to the Commissioner if the disclosure is made for the purposes of enabling or assisting the Commissioner to exercise any function.

(2) A disclosure of information authorised by this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure in relation to that information, or

(b) any other restriction on the disclosure of information (however imposed).

(3) But nothing in this Part requires or authorises any of the following—

(a) the disclosure of any patient information (see subsection (4));

(b) the making of a disclosure which, although made in the exercise of a function under this Part, would contravene the data protection legislation (see subsection (5));

(c) the making of a disclosure which is prohibited by any of Parts 1 to 7 or

Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(4) “Patient information” means information (however recorded) which—

(a) relates to, or is (to any extent) derived directly or indirectly from information relating to—

(i) the physical or mental health or condition of an individual,

(ii) the diagnosis of an individual's condition, or

(iii) an individual's care or treatment, and

(b) identifies the individual or enables the individual to be identified (either by itself or in combination with other information).

(5) In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

(6) This section does not affect any power to disclose that exists apart from this section.

Clause 9 lists the criminal justice agencies which are specified as "charter service providers". Do you agree with the list of bodies specified in Clause 9?
Do you believe that there are any other criminal justice agencies that should be added to the list?
Do you believe that any of the agencies listed should be removed from the list?
Clause 10 requires the Commissioner to monitor compliance with the Victim Charter and enables the Commissioner to request information from a charter service provider. It requires charter service providers to comply with such a request as far as is practical. Do you agree with the purpose stated for Clause 10?
Clause 11 provides that charter service providers must collect and retain data in relation to the provision of services set out in the Victims Charter and to provide statistical information to the Commissioner. The Department must make regulations setting out how the particular statistics, or category of statistics to be provided to the Commissioner are to be determined. The Department must consult with the Commissioner and charter services providers it considers appropriate before making regulations, which will be subject to the draft affirmative procedure. Do you agree with the intent behind Clause 11?
Clause 12 allows the Department to extend the provisions regarding the Victim Charter at Clauses 10 and 11 to the Witness Charter. Are you content with Clause 12?
Clause 13 relates to co-operation with the Commissioner and states a charter service provider must comply or provide the reasons for non-compliance. Do you have any comments on Clause 13?
Clause 14 relates to the duty to record and report on complaints received in each financial year that relate to alleged breaches of Victim or Witness Charter entitlements and the outcome of each complaint. Do you agree with Clause 14 of the Bill?
Clause 15 relates to the disclosure of information between charter service providers and the Commissioner if the information would assist or enable the Commissioner to carry out their functions. These disclosure powers are subject to restrictions set out in subsections (3) to (5) – namely, they do not override patient confidentiality, data protection legislation or prohibitions on disclosure in the Investigatory Powers Act 2016. The sharing of information does not affect any other power that exists to disclose information. Do you support the intention behind Clause 15?
Do you believe that there should be other restrictions to the disclosure of information other than those set out in subsections (3) to (5)?
If yes, what other restrictions should be placed on the disclosure of information between charter service providers and the Commissioner?
Do you have anything further to add in relation to Clauses 9 to 15 of the Bill?