Victims given a voice in Mental Health Tribunal hearings as new reform comes into force
Reform delivers on the Victims’ Commissioner’s long-standing campaign to give victims a voice in cases involving mentally disordered offenders.
Victims of serious crime whose perpetrators are detained in hospital settings will now be able to submit and read out Victim Impact Statements at Mental Health Tribunal hearings in England and Wales, following a key reform that came into force on 25 June 2025.
The change, introduced under Section 21 of the Victims and Prisoners Act 2024, and announced in Parliament by Minister Davies-Jones, brings long-awaited parity with the parole system, where victims of offenders held in prison can already make similar statements to the Parole Board.
“This has been called for by the Victims’ Commissioner, Baroness Newlove, for some time and will make a real difference to the experience of victims and their families in these processes”, the Minister said in her statement.
This new entitlement applies to victims whose offenders are detained under hospital orders with restriction orders (sections 37 and 41 of the Mental Health Act 1983) and are engaged in the Victim Contact Scheme. While the Victim Impact Statement will not influence the Tribunal’s decision on whether to discharge a patient – which remains governed by clinical criteria – it may be considered when determining any conditions attached to the discharge.
Victims will also have the right to apply to attend the hearing and read their statement in person. The Tribunal must grant the application unless there is a good reason not to. Victim Liaison Officers will provide information and support throughout the process.
The reform was strongly championed by the Victims’ Commissioner for England and Wales, Baroness Newlove, who has long called for equal rights for victims regardless of whether offenders are held in prison or hospital.
“Victims deserve to be heard and given a chance to explain the lasting impact of crime on their lives“, said Baroness Newlove.
“Allowing victims to submit and read their Victim Impact Statement at Mental Health Tribunals is a crucial step toward equalising the process for those whose perpetrators are detained in hospital settings and those held in prison.
“As Victims’ Commissioner, I have long advocated for this reform. It offers victims a powerful sense of catharsis and meaningful recognition and marks an important step toward a fairer and more inclusive justice system.“
The change reflects recommendations made in the Commissioner’s 2018 report on victims of mentally disordered offenders.