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Prisoners (Disclosure of Information About Victims) Act 2020

Consolidated Text As Enacted Cited authorities 13 Cited in Amendments 2 Related
Vincent
JurisdictionUK Non-devolved
Citation2020 c. 19
Year2020
(1) After section 28 of the Crime (Sentences) Act 1997 insert—
    (28A) Murder or manslaughter: prisoner's non-disclosure of information
  • “(1) The Parole Board must comply with this section when making a public protection decision about a life prisoner if—
  • (a) the prisoner's life sentence was passed for murder or manslaughter;
  • (b) the Parole Board does not know where and how the victim's remains were disposed of; and
  • (c) the Parole Board believes that the prisoner has information about where, or how, the victim's remains were disposed of (whether the information relates to the actions of the prisoner or any other individual) which the prisoner has not disclosed to the Parole Board (“the prisoner's non-disclosure”) .
the prisoner's life sentence was passed for murder or manslaughter;the Parole Board does not know where and how the victim's remains were disposed of; andthe Parole Board believes that the prisoner has information about where, or how, the victim's remains were disposed of (whether the information relates to the actions of the prisoner or any other individual) which the prisoner has not disclosed to the Parole Board (“the prisoner's non-disclosure”) .the prisoner's non-disclosure; andthe reasons, in the Parole Board's view, for the prisoner's non-disclosure.This section does not limit the matters which the Parole Board must or may take into account when making a public protection decision.the reference to a life sentence includes a life sentence passed before the coming into force of section 1 of the Prisoners (Disclosure of Information About Victims) Act 2020;murder under the law of Scotland, Northern Ireland, any of the Channel Islands or the Isle of Man, andany offence under the law of any other country or territory that corresponds to murder under the law of England and Wales;culpable homicide under the law of Scotland,manslaughter under the law of Northern Ireland, any of the Channel Islands or the Isle of Man, andany offence under the law of any other country or territory that corresponds to manslaughter under the law of England and Wales.In this section, in relation to a life prisoner—
  • “public protection decision” means the decision, made under section 28(6) (b) for the purposes of section 28(5) , as to whether the Parole Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;
  • “victim” means the victim of the offence for which the prisoner's life sentence was passed;
and a reference to the victim's remains being disposed of includes the remains being left at the location where the victim died.an offence of taking an indecent photograph of a child, ora relevant offence of making an indecent pseudo-photograph of a child;the Parole Board does not know the identity of the child who is the subject of the relevant indecent image; andthe Parole Board believes that the prisoner has information about the identity of the child who is the subject of the relevant indecent image which the prisoner has not disclosed to the Parole Board (“the prisoner's non-disclosure”) .the prisoner's non-disclosure; andthe reasons, in the Parole Board's view, for the prisoner's non-disclosure.This section does not limit the matters which the Parole Board must or may take into account when making a public protection decision.In subsection (1) (a) , the reference to a life sentence includes a life sentence passed before the coming into force of section 1 of the Prisoners (Disclosure of Information About Victims) Act 2020.an offence of taking an indecent photograph of a child under section 1(1) (a) of the Protection of Children Act 1978 (the “England and Wales offence”) , oran offence of taking an indecent photograph of a child under the law of Scotland, Northern Ireland, any of the Channel Islands, the Isle of Man or any other country or territory that corresponds to the England and Wales offence.an offence under section 1(1) (a) of the Protection of Children Act 1978 of making an indecent pseudo-photograph of a child (the “England and Wales offence”) , oran offence of making an indecent pseudo-photograph of a child under the law of Scotland, Northern Ireland, any of the Channel Islands, the Isle of Man or any other country or territory that corresponds to the England and Wales offence, andthe Parole Board believes that an image of a real child was or may have been used in the making of the pseudo-photograph;In this section—
  • “public protection decision”, in relation to a prisoner, means the decision, made under section 28(6) (b) for the purposes of section 28(5) , as to whether the Parole Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;
  • “relevant indecent image” means—
    • (a) the photograph to which an offence of taking an indecent photograph of a child relates, or
    • (b) the pseudo-photograph to which a relevant offence of making an indecent pseudo-photograph of a child relates.
(2) In consequence of the amendment made by subsection (1) , in section 28 of the Crime (Sentences) Act 1997 (duty to release certain life prisoners) , after subsection (6) insert—
  • “(6A) Sections 28A and 28B contain provision that relates to the Parole Board's function of giving directions under subsection (5) for the release of life prisoners.
.Sections 28A and 28B contain provision that relates to the Parole Board's function of giving directions under subsection (5) for the release of life prisoners.(1) The Criminal Justice Act 2003 is amended in accordance with this section.(2) After section 246A insert—
    (246B) Manslaughter: prisoner's non-disclosure of information
  • “(1) The Board must comply with this section when making a public protection decision about a prisoner if—
  • (a) the prisoner's sentence was passed for manslaughter;
  • (b) the Board does not know where and how the victim's remains were disposed of; and
  • (c) the Board believes...
the prisoner's sentence was passed for manslaughter;the Board does not know where and how the victim's remains were disposed of; andthe Board believes

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