A
BILL
TO
Amend section 5 of the Domestic Violence, Crime and Victims Act 2004 to
include serious harm to a child or vulnerable adult; to make consequential
amendments to the Act; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
(1)
Section 5 of the Domestic Violence, Crime and Victims Act 2004 (offence of
causing or allowing the death of a child or vulnerable adult) is amended as
follows.
(2) 5In subsection (1)—
(a) in paragraph (a), after “dies” insert “or suffers serious physical harm”;
(b)
in paragraph (d), for “V’s death” substitute “the death or serious
physical harm”.
(3)
In subsection (3)(a), for “V’s death” substitute “the death or serious physical
10harm”.
(4)
In subsection (4)(b), for “V’s death” substitute “the death or serious physical
harm”.
(5)
In subsection (7), after “this section” insert “of causing or allowing a person’s
death”.
(6) 15After that subsection insert—
“(8)
A person guilty of an offence under this section of causing or allowing
a person to suffer serious physical harm is liable on conviction on
indictment to imprisonment for a term not exceeding 10 years or to a
fine, or to both.”
(7)
20The italic heading before section 5 becomes “Causing or allowing a child or
vulnerable adult to die or suffer serious physical harm”.
Domestic Violence, Crime and Victims (Amendment) BillPage 2
(8)
The amendments made by this section do not apply in relation to any harm
resulting from an act that occurs, or so much of an act as occurs, before the
commencement of this section.
5After section 6 of the Domestic Violence, Crime and Victims Act 2004 insert—
(1)
Subsections (3) to (5) apply where a person (“the defendant”) is charged
in the same proceedings with a relevant offence and with an offence
10under section 5 in respect of the same harm (“the section 5 offence”).
(2) In this section “relevant offence” means—
(a)
an offence under section 18 or 20 of the Offences against the
Person Act 1861 (grievous bodily harm);
(b)
an offence under section 1 of the Criminal Attempts Act 1981 of
15attempting to commit murder.
(3)
Where by virtue of section 35(3) of the Criminal Justice and Public
Order Act 1994 a court or jury is permitted, in relation to the section 5
offence, to draw such inferences as appear proper from the defendant’s
failure to give evidence or refusal to answer a question, the court or jury
20may also draw such inferences in determining whether the defendant
is guilty of a relevant offence, even if there would otherwise be no case
for the defendant to answer in relation to that offence.
(4)
The charge of the relevant offence is not to be dismissed under
paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (unless
25the section 5 offence is dismissed).
(5)
At the defendant’s trial the question whether there is a case for the
defendant to answer on the charge of the relevant offence is not to be
considered before the close of all the evidence (or, if at some earlier time
the defendant ceases to be charged with the section 5 offence, before
30that earlier time).”
The Schedule contains consequential amendments.
(1)
This Act may be cited as the Domestic Violence, Crime and Victims
35(Amendment) Act 2011.
(2)
This Act comes into force on such day as the Secretary of State may by order
made by statutory instrument appoint.
(3) Subject to subsection (4), this Act extends to England and Wales.
(4)
The amendments made by paragraphs 9 to 11 of the Schedule have the same
40extent as the provisions to which they relate.
Domestic Violence, Crime and Victims (Amendment) BillPage 3
Section 3
1
In Schedule 1 to the Criminal Justice Act 1982 (offences excluded from early
5release provisions), in Part 2, in the entry relating to section 5 of the Domestic
Violence, Crime and Victims Act 2004, for “the death of a child or vulnerable
adult” substitute “a child or vulnerable adult to die or suffer serious physical
harm”.
2 (1) 10The Coroners Act 1988 is amended as follows.
(2)
In section 16 (adjournment of inquest in event of criminal proceedings), in
subsection (1)(a)(iv), for “(causing or allowing the death of a child or
vulnerable adult)” substitute “of causing or allowing the death of a child or
vulnerable adult”.
(3)
15In section 17 (provisions supplementary to section 16), in subsections (1)(d)
and (2)(d), for “(causing or allowing the death of a child or vulnerable
adult)” substitute “of causing or allowing the death of a child or vulnerable
adult”.
(4)
The amendments made by this paragraph cease to have effect when the
20repeal of that Act by Schedule 23 to the Coroners and Justice Act 2009 has
effect for all purposes.
3
In section 2 of the Law Reform (Year and a Day Rule) Act 1996 (restriction
on institution of proceedings for fatal offence), in subsection (3)(c), for
25“(causing or allowing the death of a child or vulnerable adult)” substitute “of
causing or allowing the death of a child or vulnerable adult”.
4
(1)
In Schedule 4 to the Criminal Justice and Court Services Act 2000 (meaning
of “offence against a child” for purposes of disqualification orders), in
30paragraph 3(sb), for “the death of a child or vulnerable adult” substitute “a
child or vulnerable adult to die or suffer serious physical harm”.
(2)
The amendment made by sub-paragraph (1) ceases to have effect when the
repeal of that Schedule by Schedule 10 to the Safeguarding Vulnerable
Groups Act 2006 has effect for all purposes.
Domestic Violence, Crime and Victims (Amendment) BillPage 4
5
In Schedule 5 to the Sexual Offences Act 2003 (offences for purposes of
making sexual offences prevention orders), in paragraph 63A, for “the death
of a child or vulnerable adult” substitute “a child or vulnerable adult to die
5or suffer serious physical harm”.
6
In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent
offences for purposes of Chapter 5 of Part 12 of that Act), in paragraph 63A,
for “the death of a child or vulnerable adult” substitute “a child or vulnerable
10adult to die or suffer serious physical harm”.
7 The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
8
(1)
In section 6 (evidence and procedure: England and Wales), in subsection (5),
after “section 5” insert “of causing or allowing a person’s death”.
(2)
15The heading of that section becomes “Evidence and procedure in cases of
death: England and Wales”.
9
In section 8 (evidence and procedure: the Court Martial), after subsection (3)
insert—
“(4)
Section 6A(1), (3) and (5) has effect in relation to proceedings before
20the Court Martial with the following adaptations.
(5) A reference to an offence—
(a) listed in section 6A(2), or
(b) under section 5,
is to be read as a reference to an offence under section 42 of the
25Armed Forces Act 2006 as respects which the corresponding offence
under the law of England and Wales (within the meaning given by
that section) is that offence.
(6)
A reference to the court or jury is to be read as a reference to the
court.”
10 30In section 62(4) (extent of section 8), after “section 6” insert “or 6A”.
11
In section 51 of the Armed Forces Act 2006 (jurisdiction of Service Civilian
Court), in subsection (5)(a), for “(causing or allowing death of child etc)”
substitute “of causing or allowing the death of a child or vulnerable adult”.
12
In paragraph 1 of Schedule 1 to the Coroners and Justice Act 2009
(suspension of investigations where certain criminal charges may be
brought), in sub-paragraph (6), in paragraph (d) of the definition of
“homicide offence”, for “(causing or allowing the death of a child or
40vulnerable adult)” substitute “of causing or allowing the death of a child or
vulnerable adult”.