Victim Information Requests Code of Practice January 2026 Update

Last month, the government published the Victim Information Requests Code of Practice, implementing Sections 44A-44C of the Police, Crime, Sentencing and Courts Act 2022 (as amended by the Victims and Prisoners Act 2024). This Code brings detailed operational guidance into line with the statutory law that has been in place since 2024 and the CPS Pre-Trial Therapy Guidance from 2022.

What this means
The Code provides two important clarifications for services. First, ISVAs, IDVAs, and Independent Stalking Advocates are now explicitly included in the statutory definition of “counselling services” – meaning these notes have the same enhanced protections as therapy notes. Second, all requests for counselling information must be signed off at Chief Inspector level or above, ensuring senior oversight of these requests.

The Code details how police should apply the “substantial probative value” test, starting with the presumption that counselling notes are not necessary or proportionate to request. It clarifies what does and does not establish substantial probative value and sets out the requirements for written notice to victims and seeking their views.

What remains the same
 The core legal principles haven’t changed – police must demonstrate reasonable line of enquiry, necessity and proportionality, and balance victims’ Article 8 privacy rights with the needs of fair trial. These are the same principles we’ve been teaching at Bluestar since we began working with government in 2022.

Our resources and training remain fully applicable: The Bluestar Notes Request Form, Responding to Notes Requests Guide, email templates, cover letter templates, and training materials continue to support services in responding appropriately to police requests. We’ve simply updated our briefing to reflect how the Code formalises existing practice and confirms the enhanced protections for ISVA, IDVA and ISA services.

Read our UPDATED – Bluestar Briefing New Victim Information Requests Code of Practice  to understand the Code’s guidance and what it means for your service.

Questions? Contact us at info@bluestarproject.co.uk