Victims and Witnesses of Crime Bill

Supplementary

Privilege for certain publications

20. For the purposes of the law of defamation, publication by the Commissioner of any matter which the Commissioner is required or authorised to publish under this Act is absolutely privileged.

Meaning of “victim”

21.—(1) Section 29 of the Justice Act (Northern Ireland) 2015 (meaning of victim) applies for the purposes of this Part as it applies for the purposes of section 28 of that Act; but this is subject to subsections (2) and (3).

(2) Section 29(5) of that Act has effect as if the reference to “a criminal justice agency” were a reference to “the Commissioner”.

(3) Where the Victim Charter makes provision under section 29(6)(b) of that Act for criminal justice agencies, in circumstances specified in the Charter, to treat a person as if that person were the victim, the Commissioner must also treat that person as the victim in the circumstances so specified.

Interpretation of Part 1

22. In this Part—

“charter service provider” has the meaning given by section 9(1);

“the Commissioner” means the Commissioner for Victims and Witnesses of Crime for Northern Ireland;

“criminal justice agency” has the meaning given by section 9(3);

“the Department” means the Department of Justice;

“financial year” means—

(a) the period beginning with the day on which the first Commissioner takes office and ending on the next 31 March following that date,

and

(b) each successive period of 12 months ending on 31 March;

“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954;

“victim” has the meaning given by section 21;

“Victim Charter” means the charter issued under section 28 of the Justice Act (Northern Ireland) 2015;

“witness” has the meaning given by section 30(9) of the Justice Act (Northern Ireland) 2015;

“Witness Charter” means the charter issued under section 30 of the Justice Act (Northern Ireland) 2015.

Minor and consequential amendments

23. Schedule 2 makes minor and consequential amendments in connection with this Part.

Schedule 2

MINOR AND CONSEQUENTIAL AMENDMENTS

Superannuation (Northern Ireland) Order 1972

1. In Schedule 1 to the Superannuation (Northern Ireland) Order 1972 (kinds of employment referred to in Article 3), at the appropriate place insert—

“Commissioner for Victims and Witnesses of Crime for Northern Ireland.

Employment by the Commissioner for Victims and Witnesses of Crime for Northern Ireland.”.

Northern Ireland Assembly Disqualification Act 1975

2. In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), at the appropriate place insert—

“Commissioner for Victims and Witnesses of Crime for Northern Ireland.”.

Freedom of Information Act 2000

3. In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (offices and bodies for Northern Ireland which are public authorities for the purposes of the Act), at the appropriate place insert—

“The Commissioner for Victims and Witnesses of Crime for Northern Ireland.”.

Public Services Ombudsman Act (Northern Ireland) 2016

4. In Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities), under the italic heading “Policing, Criminal Justice and Law” heading, at the appropriate place insert —

“The Commissioner for Victims and Witnesses of Crime for Northern Ireland.”.