The Home Office has confirmed that the Victim Information Requests: Code of Practice will take effect on 12 January 2026. Issued under section 44D of the Police, Crime, Sentencing and Courts Act 2022 as amended by the Victims and Prisoners Act 2024, the code standardises when and how investigators may seek third‑party records about victims.
The framework applies in England and Wales, with UK‑wide application for the service police through section 44F. This ensures the Royal Navy Police, Royal Military Police and Royal Air Force Police follow the same approach to victim information requests.
The duties bind “authorised persons”, including constables and designated police staff, British Transport Police, Ministry of Defence Police, National Crime Agency officers, specified Independent Office for Police Conduct designees and contractors engaged to obtain information for those bodies.
A request may be made only where three statutory tests are satisfied: the requester has reason to believe the third party holds the information; the material is relevant to a reasonable line of enquiry; and the request is necessary and proportionate for preventing, detecting, investigating or prosecuting crime.
Additional safeguards apply to counselling records. By statute, such material may be sought only where it is likely to have substantial probative value. The code also requires investigators to start from the presumption that seeking counselling information is not necessary or proportionate, and to follow defined steps before that presumption can be rebutted. Following consultation, ministers indicated a broad description of counselling services for these duties.
Victims should ordinarily receive written notice on or before the date of a request, describing what is sought, why it is sought and how it will be handled. Notice may be delayed or withheld only where it is not reasonably practicable, would compromise an investigation, or poses a risk of serious harm; provisions also cover children and adults without capacity.
Requests to third parties must themselves be in writing and set out the information sought, the reason for seeking it and how it will be dealt with once obtained. Those particulars may be omitted only in narrow circumstances that mirror the notice exemptions.
Where there is a risk a request could obtain material beyond what is necessary, investigators must be satisfied that there are no other means of obtaining the information, or that using them would not be reasonably practicable. This forms part of the proportionality assessment required by the statute.
Authorised persons must have regard to the code when deciding whether to make a request or give notice. The regime sits alongside data protection law; it does not permit processing that would contravene the Data Protection Act 2018 or related legislation, as set out in government explanatory material.
Forces and agencies now have until 12 January 2026 to align request templates, approval routes and training with the code’s requirements, including for the service police. The Home Office has published the final text online and has signposted supporting materials during consultation, including a standard request form and FAQs for practitioners and victims.