New Code of Practice sets firm legal duties on police requests for victim information
A new statutory Code of Practice governing how police and other authorities request information about victims of crime has been published, introducing clearer limits, safeguards and accountability around access to private records.
The Code, published on 12 January 2026, supports new legal duties introduced under Chapter 3A of the Police, Crime Sentencing and Courts Act 2022, as amended by the Victims and Prisoners Act 2024. It applies across England and Wales and is intended to strengthen public confidence in policing by ensuring victim information is handled lawfully, proportionately and transparently.
The guidance sets out how authorised persons must approach “Victim Information Requests”, more commonly referred to operationally as requests for Third Party Material. These are requests for information about a victim held by organisations such as medical providers, schools or social services.
Under the new framework, police and other authorised bodies may only request such material where they have reason to believe the information is relevant to a reasonable line of enquiry and where the request is necessary and proportionate. The Code makes clear that requests should be a last resort and that less intrusive means of obtaining information must be considered first.
Particular safeguards apply to counselling and therapy records. The Code establishes a presumption that requests for counselling information are not necessary or proportionate. This presumption can only be rebutted where the material is likely to have substantial probative value and where access is essential to the investigation or to ensuring a fair trial. Senior-level approval is required for such requests.
The Code also strengthens victims’ rights to be informed. In most cases, victims must receive written notice explaining what information is being sought, why it is needed and how it will be handled. Victims should be given the opportunity to express their views, which must be recorded and considered, even though consent is not the lawful basis for processing their data.
Exceptions apply where notifying the victim would risk serious harm, interfere with an investigation or is not reasonably practicable. Any decision not to inform a victim must be clearly documented and authorised.
The guidance reinforces existing legal obligations under the Human Rights Act, data protection law and disclosure rules. It emphasises the need to balance a victim’s right to privacy with a defendant’s right to a fair trial, particularly under Articles 8 and 6 of the European Convention on Human Rights.
Failure to follow the Code does not automatically give rise to criminal or civil liability, but it may be taken into account by courts when assessing the admissibility of evidence. The Code is also relevant to professional standards and disciplinary considerations.
By codifying expectations and setting out detailed best practice, the new Code aims to reduce unnecessary intrusion into victims’ private lives while ensuring investigations remain fair, lawful and effective.