Victims and Witnesses of Crime Bill

Closes 25 Sep 2026

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Clauses 3 to 8 - Functions of the Commissioner

Clause 3 - General Duties

Clause 4 - General powers

Clause 5 - Review of the Victim and Witness charter

Clause 6 - Guidance

Clause 7 - Advisory groups

Clause 8 - Restriction on exercise of functions in individual cases

Related information

General duties

3.—(1) The Commissioner must promote—

(a) an understanding of the rights of victims and witnesses, and

(b) an awareness of matters relating to the interests of victims and witnesses.

(2) The Commissioner must keep under review the adequacy and effectiveness of the law and practice relating to the interests of victims and witnesses.

(3) The Commissioner must advise a Northern Ireland department or the Executive Committee of the Assembly on matters concerning the interests of victims and witnesses—

(a) as soon as reasonably practicable after receipt of a request for advice, and

(b) on such other occasions as the Commissioner thinks appropriate.

(4) The Commissioner must take reasonable steps to ensure that—

(a) victims and witnesses are made aware of—

(i) the functions of the Commissioner,

(ii) the location of the Commissioner’s office, and

(iii) the ways in which victims and witnesses may communicate with the Commissioner;

(b) victims and witnesses are encouraged to communicate with the Commissioner; and

(c) the views of victims and witnesses are sought concerning the exercise by the Commissioner of the Commissioner’s functions.

 

General powers

4.—(1) The Commissioner may undertake, commission or provide financial or other assistance for research or educational activities concerning the interests of victims and witnesses or the exercise of the Commissioner’s functions.

(2) The Commissioner may—

(a) compile information concerning the interests of victims and witnesses;

(b) provide advice or information on any matter concerning the interests of victims and witnesses;

(c) publish any matter concerning the interests of victims and witnesses, including—

(i) the outcome of any research or activities mentioned in subsection (1);

(ii) any advice provided by the Commissioner.

(3) The Commissioner may make representations or recommendations to any body or person concerning the interests of victims and witnesses.

 

Review of Victim Charter and Witness Charter

5.—(1) The Commissioner must review the operation and effectiveness of the Victim Charter and the Witness Charter—

(a) at least once every 3 years, and

(b) at such times as the Department may direct.

(2) The Department may issue a direction under subsection (1)(b) in respect of the Victim Charter, the Witness Charter or both.

(3) Where the Commissioner carries out a review under subsection (1), the Commissioner must prepare a report on the review.

(4) In preparing a report on the review, the Commissioner must consult—

(a) the Department;

(b) such other persons as the Commissioner considers appropriate.

(5) As soon as reasonably practicable after preparing a report under this section, the Commissioner must—

(a) publish the report, and

(b) send a copy of the report to the Department.

 

Guidance

6.—(1) The Commissioner may issue guidance on best practice in relation to any matter concerning the interests of victims and witnesses.

(2) A person exercising public functions to whom guidance issued under this section relates must have regard to it in the exercise of those functions.

(3) The Commissioner may revise any guidance issued under this section.

(4) Before issuing or revising any guidance under this section the Commissioner must consult such persons as the Commissioner thinks appropriate.

(5) The Commissioner must publish any guidance issued or revised under this section.

(6) Nothing in this section permits the Commissioner to issue guidance to a court or tribunal.

 

Advisory groups

7.—(1) The Commissioner may establish one or more advisory groups to give advice and information to the Commissioner about matters relating to the Commissioner's functions.

(2) The members of any advisory group established under subsection (1) are to be such persons as the Commissioner may determine.

(3) The Commissioner may reimburse the members of an advisory group for such expenses as the Commissioner may determine.

(4) The procedure of any advisory group established under subsection (1) is to be such as the Commissioner may determine.

 

Restriction on exercise of functions in individual cases

8.—(1) The Commissioner may not exercise any function in relation to an individual case.

(2) But subsection (1) does not prevent the Commissioner considering individual cases and drawing conclusions about them for the purpose of, or in the context of, considering a general issue.

(3) For the purposes of subsection (1), “individual case” includes—

(a) a particular victim or witness;

(b) the bringing or conduct of particular proceedings;

(c) anything done or omitted to be done by a person acting in a judicial capacity or on the instructions of or on behalf of such a person.

Clause 3 provides that the Commissioner must: promote an understanding of the rights of victims and witnesses and an awareness of matters relating to their interest; keep the law and practice relating to victims and witnesses under review to ensure adequacy and effectiveness; advise the Northern Ireland Executive or Departments on issues concerning victims and witnesses; and must take steps to raise awareness of the role and functions of the Commissioner, encourage victims and witnesses to engage with their office and seek the views of victims and witnesses regarding the exercise of the Commissioner’s functions. Do you agree with these as suitable for the general duties for the role of Commissioner?
Clause 4 provides the general powers of the Commissioner including the power to conduct, fund or support research or education activities; to compile information; provide advice and information; publish any matter concerning the interests of victims or witnesses of crime; and to make representations and recommendations to any body or person concerning the interest of victims or witnesses. Do you agree with the general powers as outlined in Clause 4?
Are there any other powers that you believe the Commissioner should have?
Clause 5 stipulates that the Commissioner must review the operation and the effectiveness of the Victim and the Witness Charters at least every 3 years or as directed by the Department; prepare a report and, in doing so, consulting the Department and any other person the Commissioner considers appropriate; and publish a report. . Do you agree with the provisions at Clause 5?
Clause 6 provides that the Commissioner may issue guidance on best practice in relation to any matter concerning the interests of victims and witnesses and that this must be taken into regard by persons exercising public functions; and makes provision in respect of revision, consultation and publication of the guidance. It also prohibits the Commissioner from issuing guidance to a court or tribunal. Do you agree with Clause 6 of the Bill?
Clause 7 grants the Commissioner the power to establish advisory groups to provide support and information to the Commissioner on matters related to the Commissioners functions . The Commissioner will determine membership of the group(s) and how expenses will be reimbursed. The Commissioner may also determine the procedure of any advisory group. Do you agree that the Commissioner should have the power to establish advisory groups?
Do you agree that the Commissioner should have the power to determine the membership of advisory groups?
Clause 8 provides that the Commissioner cannot become involved in an individual case or intervene in criminal or related proceedings. Do you support the restriction proposed in Clause 8?
Do you have anything further to add in relation to Clauses 3 to 8 of the Bill?