|
| |
| |
28 | Restrictions on exercise of functions |
| |
The Commissioner must not exercise any of his functions in relation to— |
| |
(a) | a particular victim or witness; |
| |
(b) | the bringing or conduct of particular criminal proceedings; |
| |
(c) | anything done or omitted to be done by a person acting in a judicial |
| 5 |
capacity or on the instructions of or on behalf of such a person. |
| |
29 | “Victims” and “witnesses” |
| |
(1) | This section applies for the purposes of sections 25 to 28. |
| |
(2) | “Victim” means a victim of an offence. |
| |
(3) | It is immaterial for the purposes of subsection (2) that— |
| 10 |
(a) | no complaint has been made about the offence; |
| |
(b) | no person has been charged with or convicted of the offence. |
| |
(4) | “Witness” means a person (other than a defendant)— |
| |
(a) | who has witnessed conduct in relation to which he may be or has been |
| |
called to give evidence in criminal proceedings; |
| 15 |
(b) | who is able to provide or has provided anything which might be used |
| |
or has been used as evidence in criminal proceedings; or |
| |
(c) | who is able to provide or has provided anything mentioned in |
| |
subsection (5) (whether or not admissible in evidence in criminal |
| |
| 20 |
(5) | The things referred to in subsection (4)(c) are— |
| |
(a) | anything which might tend to confirm, has tended to confirm or might |
| |
have tended to confirm evidence which may be, has been or could have |
| |
been admitted in criminal proceedings; |
| |
(b) | anything which might be, has been or might have been referred to in |
| 25 |
evidence given in criminal proceedings by another person; |
| |
(c) | anything which might be, has been or might have been used as the basis |
| |
for any cross examination in the course of criminal proceedings. |
| |
(6) | For the purposes of subsection (4) a person is a defendant in relation to any |
| |
criminal proceedings if he might be, has been or might have been charged with |
| 30 |
or convicted of an offence in the proceedings. |
| |
30 | Authorities within Commissioner’s remit |
| |
(1) | For the purposes of this Part the authorities within the Commissioner’s remit |
| |
are those specified in Schedule 6. |
| |
(2) | The Secretary of State may by order amend Schedule 6 by— |
| 35 |
(a) | adding an authority appearing to him to exercise functions of a public |
| |
| |
(b) | omitting an authority; |
| |
(c) | changing the description of an authority. |
| |
(3) | In preparing a draft of an order under subsection (2) the Secretary of State must |
| 40 |
consult the Attorney General and the Lord Chancellor. |
| |
| |
| |
|
| |
| |
| |
31 | Disclosure of information |
| |
(1) | A person may disclose information to a relevant authority for a purpose |
| |
specified in subsection (2). |
| |
(2) | The purposes are purposes connected with any of these— |
| 5 |
(a) | compliance with the code issued under section 21; |
| |
(b) | compliance with section 69 of the Criminal Justice and Court Services |
| |
Act 2000 (c. 43) (duties of local probation boards in connection with |
| |
victims of certain offences); |
| |
(c) | the carrying out of the functions of the Commissioner. |
| 10 |
(3) | These are relevant authorities— |
| |
(a) | a person required to do anything under the code issued under section |
| |
| |
(b) | a local probation board established under section 4 of the Criminal |
| |
Justice and Court Services Act 2000; |
| 15 |
| |
(d) | an authority within the Commissioner’s remit. |
| |
(4) | The Secretary of State may by order— |
| |
(a) | amend subsection (2) by adding any purpose appearing to him to be |
| |
connected with the assistance of victims, witnesses or other persons |
| 20 |
| |
(b) | amend subsection (3) by adding any authority appearing to him to |
| |
exercise functions of a public nature. |
| |
(5) | The reference in subsection (4)(a) to persons affected by offences does not |
| |
include persons accused or convicted of offences. |
| 25 |
(6) | The Secretary of State may exercise the power in subsection (4) only after |
| |
consulting the Attorney General and the Lord Chancellor. |
| |
(7) | Nothing in this section authorises the making of a disclosure which |
| |
contravenes the Data Protection Act 1998 (c. 29). |
| |
(8) | This section does not affect a power to disclose which exists apart from this |
| 30 |
| |
| |
32 | Victims’ Advisory Panel |
| |
(1) | The Secretary of State must appoint persons to form a panel, to be known as |
| |
the Victims’ Advisory Panel. |
| 35 |
(2) | The Secretary of State must consult the Attorney General and the Lord |
| |
| |
(a) | appointing a person to the Panel, or |
| |
(b) | removing a person from the Panel. |
| |
| |
| |
|
| |
| |
(3) | The Secretary of State must consult the Panel at such times and in such manner |
| |
as he thinks appropriate on matters appearing to him to relate to victims of |
| |
offences or witnesses of offences. |
| |
(4) | The Secretary of State may reimburse the members of the Panel for such of their |
| |
travelling and other expenses as he thinks appropriate. |
| 5 |
(5) | If the Secretary of State consults the Panel under subsection (3) in a particular |
| |
year, he must arrange for the Panel to prepare a report for the year— |
| |
(a) | summarising what the Panel has done in response to the consultation, |
| |
| |
(b) | dealing with such other matters as the Panel consider appropriate. |
| 10 |
(6) | If a report is prepared under subsection (5), the Secretary of State must— |
| |
(a) | arrange for it to be published, and |
| |
(b) | lay it before Parliament. |
| |
(7) | The non-statutory Victims’ Advisory Panel is to be treated as having been |
| |
established in accordance with this section. |
| 15 |
(8) | If the Secretary of State consults the non-statutory Victims’ Advisory Panel on |
| |
a matter mentioned in subsection (3) before the date on which this section |
| |
comes into force, the consultation is to be treated as taking place under |
| |
| |
(9) | The non-statutory Victims’ Advisory Panel is the unincorporated body of |
| 20 |
persons known as the Victims’ Advisory Panel established by the Secretary of |
| |
State before the date on which this section comes into force. |
| |
(10) | In this section “year” means a period of 12 months beginning on 1 April. |
| |
| |
33 | Grants for assisting victims, witnesses etc |
| 25 |
(1) | The Secretary of State may pay such grants to such persons as he considers |
| |
appropriate in connection with measures which appear to him to be intended |
| |
to assist victims, witnesses or other persons affected by offences. |
| |
(2) | The Secretary of State may make a grant under this section subject to such |
| |
conditions as he considers appropriate. |
| 30 |
| |
| |
34 | Amendments and repeals |
| |
(1) | Schedule 7 (minor and consequential amendments) has effect. |
| |
(2) | The provisions mentioned in Schedule 8 are repealed or revoked to the extent |
| 35 |
| |
35 | Transitional and transitory provisions |
| |
Schedule 9 (transitional and transitory provisions) has effect. |
| |
| |
| |
|
| |
| |
| |
The preceding provisions of this Act come into force in accordance with |
| |
provision made by the Secretary of State by order. |
| |
| |
(1) | An order under this Act— |
| 5 |
(a) | may make different provision for different purposes; |
| |
(b) | may include supplementary, incidental, saving or transitional |
| |
| |
(2) | Any power to make an order under this Act is exercisable by statutory |
| |
| 10 |
(3) | A statutory instrument containing an order under section 7(6) or 22(7) is |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
(4) | No order may be made under section 30(2) or 31(4) unless a draft of the order |
| |
has been laid before Parliament and approved by a resolution of each House. |
| 15 |
| |
(1) | Subject to the following provisions of this section, Parts 1 to 3 extend to |
| |
| |
(2) | The following provisions extend also to Northern Ireland— |
| |
| 20 |
| |
| |
| |
| |
(3) | The following provisions extend to Northern Ireland only— |
| 25 |
| |
| |
| |
(4) | Section 6, so far as relating to proceedings before courts-martial constituted |
| |
under a particular Act mentioned in subsection (2) of that section, has the same |
| 30 |
| |
(5) | An amendment, repeal or revocation in Schedule 4, 5, 7 or 8 has the same extent |
| |
as the provision to which it relates. |
| |
| This subsection does not apply to the amendment in paragraph 39 of Schedule |
| |
7 (which accordingly extends to England and Wales only). |
| 35 |
| |
(1) | This Act may be cited as the Domestic Violence, Crime and Victims Act 2004. |
| |
(2) | Nothing in this Act shall impose any charge on the people or on public |
| |
funds, or vary the amount or incidence of or otherwise alter any such charge |
| |
in any manner, or affect the assessment, levying, administration or |
| 40 |
application of any money raised by any such charge. |
| |
| |
| |
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