The Police, Crime, Sentencing and Courts Act 2022 (Counselling Services) Regulations 2025
Source: legislation.gov.uk (2025-12-03)

Chapter 3A of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (“the 2022 Act”) (c. 32) relates to victim third party material requests. Under section 44A(4), authorised persons and their equivalents in the service police (as defined respectively in sections 44E and 44F(2) of the 2022 Act) may only request counselling information where they reasonably believe that the information has substantial probative value to a reasonable line of enquiry.

Statutory Instruments

2025 No. 1259

POLICE

The Police, Crime, Sentencing and Courts Act 2022 (Counselling Services) Regulations 2025

Made

2nd December 2025

Laid before Parliament

3rd December 2025

Coming into force

12th January 2026

The Secretary of State makes these Regulations in exercise of the power conferred by section 44A(5) (including as applied by section 44F(1)) of the Police, Crime, Sentencing and Courts Act 2022(1 (\"#f00001\")).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Police, Crime, Sentencing and Courts Act 2022 (Counselling Services) Regulations 2025 and come into force on 12th January 2026.

(2) These Regulations extend to England and Wales, subject as follows.

(3) Insofar as these Regulations relate to the persons mentioned in section 44F(2) (application of Chapter 3A to service police etc) of the Police, Crime, Sentencing and Courts Act 2022, these Regulations extend to England and Wales, Scotland and Northern Ireland.

Description of counselling services

2. A counselling service is of a description specified for the purpose of section 44A(5) of the Police, Crime, Sentencing and Courts Act 2022 if it is a service, whether paid or unpaid, offering psychological or emotional support to a service user for the purpose of improving the service user’s emotional or mental health.

Jess Phillips

Parliamentary Under Secretary of State

Home Office

2nd December 2025

Explanatory Note

(This note is not part of the Regulations)

Chapter 3A of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (“the 2022 Act”) (c. 32) relates to victim third party material requests. Under section 44A(4), authorised persons and their equivalents in the service police (as defined respectively in sections 44E and 44F(2) of the 2022 Act) may only request counselling information where they reasonably believe that the information has substantial probative value to a reasonable line of enquiry.

Regulation 2 of these Regulations describes the counselling services which are covered by section 44A(4).

The description also operates for the purpose of section 44D(2) of the 2022 Act (by virtue of section 44D(3) of that Act), which requires the Secretary of State to publish a code of practice for authorised persons with specific content relating to counselling information requests, and for the purpose of section 30 of the Victim and Prisoners Act 2024 (c. 21) (\"http://www.legislation.gov.uk/id/ukpga/2024/21\") (by virtue of section 30(4) of that Act) which requires the Secretary of State to publish a report about the operation in the relevant review period of Chapter 3A of Part 2 of the 2022 Act in relation to counselling information requests.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum has been published alongside these Regulations on www.legislation.gov.uk (\"http://www.legislation.gov.uk\"). Copies may be obtained from the Data and Identity Directorate at the Home Office at 2 Marsham Street, London SW1P 4DF.

(1)

2022 c. 32 (\"http://www.legislation.gov.uk/id/ukpga/2022/32\"). Sections 44A and 44F of the Police, Crime, Sentencing and Courts Act 2022 were inserted respectively by sections 28 and 29 of the Victims and Prisoners Act 2024 (c. 21) (\"http://www.legislation.gov.uk/id/ukpga/2024/21\").