GRIGORIAN AND OTHERS v. SWEDEN
In Part 3 of the Sentencing Code (procedure), after Chapter 2 insert—
The Armed Forces Act 2006 is amended as follows.
After section 259 insert—
In section 309 (offences of misbehaviour in court etc)—
in subsection (1)—
omit the “or” at the end of paragraph (d);
at the end of paragraph (e) insert , or;
after subsection (3) insert—;
omit subsection (5);
after subsection (6) insert—
After section 10B of the Children Act 1989 insert—
Schedule 1 to this Act inserts a Schedule into the Children Act 1989 setting out the serious sexual offences for the purposes of the new section 10C of that Act inserted by subsection (1).
After section 10D of the Children Act 1989 (review of orders made under section 10C) (inserted by section 3) insert—
The Children Act 1989 is amended in accordance with subsections (2) to (8) .
In section 8(3), after “10A” insert “, 10C or 10E”.
In section 9(1), (6A) and (8) (as amended or inserted by section 18 of the Victims and Prisoners Act 2024), after “10A” insert “, 10C or 10E”.
In section 10A (inserted by section 18 of the Victims and Prisoners Act 2024)—
for the heading substitute “Duty to make prohibited steps order where one parent kills another”;
after subsection (9) insert—
In section 10B, in subsection (2), after “made” insert “(if any)”.
In section 33(3A) (inserted by section 18 of the Victims and Prisoners Act 2024)—
after “10A” insert “, 10C or 10E”;
for “parent”, in both places it occurs, substitute “person”.
In section 91—
in subsection (2), after “10A” (inserted by section 18 of the Victims and Prisoners Act 2024) insert “, 10C or 10E”;
after subsection (14) insert—
section 10B(6), section 10C(11), section 10D(4), section 10F(7), or section 10G(4).
In section 50(2A) of the Criminal Appeal Act 1968 (inserted by section 18 of the Victims and Prisoners Act 2024), after “10A” insert “, 10C or 10E”.
In section 379 of the Sentencing Code (other behaviour orders etc), after subsection (1) insert—
For section 17 of the Victims and Prisoners Act 2024 (disclosures by victims that cannot be precluded by agreement) substitute—
Schedule 2 makes provision about the rights of victims of certain offences to make representations and receive information about offenders.
Section 51 of the Domestic Violence, Crime and Victims Act 2004 (restrictions on exercise of victims’ commissioner’s functions) is amended as follows.
The existing text becomes subsection (1).
In that subsection, in paragraph (a), at the end insert “, except as mentioned in subsection (2)”.
After that subsection insert—
The amendments made by this section have effect in relation to a person who is a victim or witness regardless of when the conduct in relation to which the person is a victim or witness occurred.
In subsection (5) “victim” and “witness” have the meaning given by section 52 of the Domestic Violence, Crime and Victims Act 2004.
The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
After section 51A (duty to co-operate with Commissioner) insert—
In section 51A, in the heading, at the end insert “: providers of victims’ code services”.
In section 52 (meaning of “victims” and “witnesses” etc), in subsection (1), for “51” substitute “51B”.
The Victims and Prisoners Act 2024 is amended as follows.
In section 11 (reviewing code compliance: Secretary of State and Attorney General)—
in subsection (4) omit paragraph (a);
after subsection (8) insert—
After section 11 insert—
The Prosecution of Offences Act 1985 is amended as follows.
In section 1 (the Crown Prosecution Service)—
in subsection (3) omit “who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)”;
after subsection (7) insert—
In section 5 (conduct of prosecutions on behalf of the Crown Prosecution Service)—
in subsection (1) omit “but who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)”;
after subsection (2) insert—
The Prosecution of Offences Act 1985 is amended as follows.
In section 17 (prosecution costs)—
in subsection (1)—
in the words before paragraph (a), for “subsections (2) and (2A)” substitute “subsection (2)”;
for the words after paragraph (b) substitute “make an order in favour of the prosecutor for a payment to be made out of central funds in respect of the prosecutor’s expenses.”;
after subsection (2) insert—;
in subsection (2A), for “subsection (1)” substitute “subsection (2ZA)”;
after subsection (2A) insert—
In section 20 (regulations)—
in subsection (1B) omit paragraph (a) together with the final “and”, and
after subsection (4) insert—
Schedule 3 to the Criminal Justice Act 1988 (reviews of sentencing — supplementary) is amended as follows.
In paragraph 1 (time limit for notice of application for leave to refer a case)—
the existing provision becomes sub-paragraph (1);
at the end of that sub-paragraph insert “; but in England and Wales this is subject to sub-paragraphs (2) and (5).”;
Where— notice of an application for leave to refer the case in question to the Court of Appeal under section 36 may be given within 14 days from the day on which the request is received. For the purposes of this Part, a certificate of the Attorney General as to the date on which a request to review the sentencing of a person was received is conclusive evidence of that fact. Where more than one request to review the sentencing of a person is received, references in sub-paragraphs (2) and (3) to a request are to the first request that is received.
The Court of Appeal may allow notice of an application for leave to refer a case to be given after the expiry of the period in sub-paragraph (1) (and any extension of that period under sub-paragraph (2)) where the Court of Appeal is satisfied that—
In paragraph 12 (application of Schedule to Northern Ireland), after paragraph (d) insert—.
The amendment made by subsection (2)(d) applies only in relation to cases where the sentence, or the last of the sentences, was passed after it came into force.
Section 2 of the Victims and Prisoners Act 2024 (victims’ code) is amended in accordance with subsections (2) and (3).
After subsection (3) insert—
In subsection (13), after “references in” insert “subsection (3A) and”.
In section 35 of the Criminal Justice Act 1988, in subsection (1), at the end insert “(for requests for referrals by victims of crime in England and Wales, see section 2(3A) of the Victims and Prisoners Act 2024)”.
In each of the following provisions for “6 months” substitute “the general limit in a magistrates’ court”— section 1(6)(a) of the Prevention of Social Housing Fraud Act 2013 (unlawful sub-letting: secure tenancies); section 2(7)(a) of that Act (unlawful sub-letting: assured tenancies and secure contracts); section 30(3)(b) of the Modern Slavery Act 2015 (breach of certain orders or requirements); section 339(2)(a) of the Sentencing Code (breach of criminal behaviour order); section 354(4)(a) of the Sentencing Code (breach of sexual harm prevention order); section 363(2)(a) of the Sentencing Code (breach of restraining order).
An amendment made by subsection (1) has effect only in relation to an offence for which a person is convicted on or after the day on which this section comes into force.
The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.
Regulations under this section may amend, repeal or revoke provision made by or under an Act passed—
before this Act, or
later in the same session of Parliament as this Act.
Regulations under this section may make supplementary, incidental, transitional or saving provision.
A statutory instrument containing (whether alone or with other provision) regulations under this section that amend or repeal provision made by an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
An amendment or repeal made by this Act has the same extent within the United Kingdom as the provision amended or repealed.
Subsections (1) and (2) of section 384 of the Armed Forces Act 2006 (extent outside the United Kingdom) apply to the amendments made by section 2 as those subsections apply to the provisions of that Act.
Except as mentioned above, this Act extends to England and Wales, Scotland and Northern Ireland.
Except as mentioned in subsections (2) and (3), this Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
section 11 (appointment of Crown Prosecutors);
section 12 (private prosecutions: costs payable out of central funds);
section 13(1), (2)(a) to (c), and (3) (reviews of sentencing: time limits);
section 14 (reviews of sentencing: duty to notify victims);
section 15 (terms of imprisonment for certain offences on summary conviction).
Sections 16 and 17, this section and section 19 come into force on the day on which this Act is passed.
The Secretary of State may by regulations made by statutory instrument make transitional provision and savings in connection with the coming into force of any provision of this Act.
Transitional provision and savings made under this section are additional, and without prejudice, to those made by or under any other provision of this Act.
Regulations under this section may make different provision for different purposes.
This Act may be cited as the Victims and Courts Act 2026.
Section 3
Before Schedule A1 to the Children Act 1989 insert—
Section 7
The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
Chapter 2 of Part 3 (representations and information) becomes Chapter 1 of a new Part 3A. New Part 3A (created by sub-paragraph (1)) is to have the heading “Victims’ rights to make representations and receive information etc”. Chapter 3 of Part 3 (other matters relating to victims etc) becomes a new Part 3B with the heading “Other matters relating to victims etc”.
Section 35 (victims’ rights to make representations and receive information) is amended as follows. For subsection (1) substitute— In subsection (3), in the words before paragraph (a)— Omit subsection (3A). For subsection (5) substitute— In subsection (6)— For subsection (7) substitute— Omit subsection (8).
Section 36 (victims’ rights: preliminary) is amended as follows. In subsection (2), in the words before paragraph (a), for “a sexual, violent or terrorism offence” substitute “an offence listed in Part 1 or Part 2 of Schedule 6A”. In subsection (4), in the words before paragraph (a)— Omit subsection (4A). For subsection (6) substitute—
After section 44B insert—
Section 36A (supplemental provision for case where no restriction order made) is amended as follows. In subsection (2), in the words before paragraph (a)— For subsection (3) substitute— In subsection (4)— In subsection (5)— After subsection (5) insert—
After Chapter 2 (inserted by paragraph 24 of this Schedule) insert—
Section 37 (representations where restriction order made) is amended as follows. In subsection (2)— In subsection (4), in the words before paragraph (a), for “relevant probation body” substitute “provider of probation services”. In subsection (5)— In subsection (6)— In subsection (7), for “relevant probation body must” substitute “provider of probation services must, so far as the provider considers appropriate to do so,”. Omit subsection (8).
Section 37ZA (inserted by section 21 of the Victims and Prisoners Act 2024) is amended as follows. In subsection (2)— In subsection (5) omit the definition of “the relevant probation body”.
Section 37A (representations where restriction order not made) is amended as follows. For subsection (8) substitute— After subsection (8) insert—
Section 38 (information where restriction order made) is amended as follows. In subsection (2)— For subsection (3) substitute— In subsection (4), in the words before paragraph (a), for “relevant probation body” substitute “provider of probation services”. In subsection (5), in paragraph (b), after “section 71” insert “or 75”. In subsection (6), in the words before paragraph (a), for “relevant probation body” substitute “provider of probation services”. In subsection (7), for “relevant probation body” substitute “provider of probation services”. Omit subsection (9).
Section 38A (information where restriction order not made) is amended as follows. For subsection (2) substitute— For subsection (7) substitute— After subsection (7) insert—
Section 38B (removal of restriction) is amended as follows. In subsection (2)— For subsection (3) substitute— Omit subsection (6).
Section 39 (victims’ rights: preliminary) is amended as follows. In subsection (1)— In subsection (2), in the words before paragraph (a)— Omit subsection (2A). For subsection (4) substitute—
Section 40 (representations) is amended as follows. In subsection (2)— In subsection (4), in the words before paragraph (a), for “relevant probation body” substitute “provider of probation services”. In subsection (5)— In subsection (6)— In subsection (7), for “relevant probation body must” substitute “provider of probation services must, so far as the provider considers it appropriate to do so,”. Omit subsection (8).
Section 41 (information) is amended as follows. In subsection (2)— For subsection (3) substitute— In subsection (4)— In subsection (5), in paragraph (b), after “section 71” insert “or 75”. In subsection (6), in the words before paragraph (a), for “relevant probation body” substitute “provider of probation services”. In subsection (7), for “relevant probation body” substitute “provider of probation services”. Omit subsection (9).
Section 41A (removal of restriction) is amended as follows. In subsection (2)— For subsection (3) substitute— Omit subsection (6).
Section 42 (victims’ rights: preliminary) is amended as follows. In subsection (1)— In subsection (2), in the words before paragraph (a)— Omit subsection (2A). For subsection (4) substitute—
Section 42A (supplemental provision for case where no restriction direction given) is amended as follows. In subsection (2), in the words before paragraph (a)— For subsection (3) substitute— In subsection (4)— In subsection (5)— After subsection (5) insert—
Section 43 (representations where restriction direction made) is amended as follows. In subsection (2)— In subsection (3), for “offender” substitute “patient”. In subsection (4)— In subsection (5)— In subsection (6)— In subsection (7), for “relevant probation body must” substitute “provider of probation services must, so far as the provider considers it appropriate to do so,”. Omit subsection (8).
Section 43A (representations where restriction direction not given) is amended as follows. For subsection (8) substitute— After subsection (8) insert—
Section 44 (information where restriction direction made) is amended as follows. In subsection (2)— For subsection (3) substitute— In subsection (4)— In subsection (5)— In subsection (6)— In subsection (7), for “relevant probation body” substitute “provider of probation services”. Omit subsection (9).
Section 44A (information where restriction direction not given) is amended as follows. For subsection (2) substitute— For subsection (7) substitute— After subsection (7) insert—
Section 44B (removal of restriction) is amended as follows. In subsection (2)— For subsection (3) substitute— Omit subsection (6).
New Part 3A of the Domestic Violence, Crime and Victims Act 2004 (created by paragraph 2(1) of this Schedule) is amended as follows.
After Schedule 6 to the Domestic Violence, Crime and Victims Act 2004 (intermittent custody) insert—
The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
Section 45 (interpretation: sections 35 to 44B) and section 46 (victims of mentally disordered persons) become new Chapter 4 of new Part 3A (created by paragraph 2(1) of this Schedule) with the heading “Interpretation etc”.
Omit the italic heading before section 45.
Section 45 is amended as follows. In subsection (1)— After subsection (1) insert— Omit subsection (2). In subsection (3), for “sections 35 to 44B” substitute “this Part”. In subsection (4), for “sections 35 to 44B of this Act” substitute “this Part”. In the heading, for “: sections 35 to 44B” substitute “of Part 3A”.
After section 45 insert—
Omit the italic heading before section 46 (victims of mentally disordered persons).
In section 46, in the heading, at the end insert “: Northern Ireland”.
Section 61 of the Domestic Violence, Crime and Victims Act 2004 (orders) is amended as follows. In subsection (1), in the words before paragraph (a), after “order” insert “or regulations”. In subsection (2), after “order” insert “or regulations”. In subsection (4)— In the heading, at the end insert “and regulations”.