Domestic Violence, Crime and Victims Bill [HL]

House of Commons

Session 2003 - 04
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Domestic Violence, Crime and Victims Bill [HL]

Domestic Violence, Crime and Victims Bill [HL]
Schedule 2 — Supervision orders on finding of insanity or unfitness to plead etc
28

(b)
substitutes for those requirements other requirements
which can be complied with if the supervised person
ceases to reside in that area.
Amendment of requirements of order
11    (1)
Without prejudice to the provisions of paragraph 10 above, but
5
subject to sub-paragraph (2) below, a magistrates’ court for the
local justice area concerned may, on the application of the
supervised person or the supervising officer, by order amend a
supervision order—
(a)
by cancelling any of the requirements of the order; or
10
(b)
by inserting in the order (either in addition to or in
substitution for any such requirement) any requirement
which the court could include if it were the court by which
the order was made and were then making it.
      (2)
The power of a magistrates’ court under sub-paragraph (1) above
15
shall not include power to amend an order by extending the
period specified in it beyond the end of two years from the day of
the original order.
Amendment of requirements in pursuance of medical report
12    (1)
Where the medical practitioner by whom or under whose
20
direction the supervised person is being treated for his mental
condition in pursuance of any requirement of a supervision
order—
(a)
is of the opinion mentioned in sub-paragraph (2) below, or
(b)
is for any reason unwilling to continue to treat or direct the
25
treatment of the supervised person,

he shall make a report in writing to that effect to the supervising
officer and that officer shall apply under paragraph 11 above to a
magistrates’ court for the local justice area concerned for the
variation or cancellation of the requirement.
30
      (2)
The opinion referred to in sub-paragraph (1) above is—
(a)
that the treatment of the supervised person should be
continued beyond the period specified in the supervision
order;
(b)
that the supervised person needs different treatment,
35
being treatment of a kind to which he could be required to
submit in pursuance of such an order;
(c)
that the supervised person is not susceptible to treatment;
or
(d)
that the supervised person does not require further
40
treatment.
Supplemental
13    (1)
On the making under paragraph 9 above of an order revoking a
supervision order, the designated officer for the local justice area
concerned, or (as the case may be) the Crown Court, shall
45
forthwith give copies of the revoking order to the supervising
officer.

Domestic Violence, Crime and Victims Bill [HL]
Schedule 3 — Intermittent custody
29

      (2)
A supervising officer to whom in accordance with sub-paragraph
(1) above copies of a revoking order are given shall give a copy to
the supervised person and to the person in charge of any
institution in which the supervised person is residing.
14    (1)
On the making under paragraph 10 or 11 above of any order
5
amending a supervision order, the designated officer for the local
justice area concerned shall forthwith—
(a)
if the order amends the supervision order otherwise than
by substituting a new area or a new place for the one
specified in the supervision order, give copies of the
10
amending order to the supervising officer;
(b)
if the order amends the supervision order in the manner
excepted by paragraph (a) above, send to the designated
officer for the new local justice area concerned—
(i)
copies of the amending order; and
15
(ii)
such documents and information relating to the
case as he considers likely to be of assistance to a
court acting for that area in exercising its functions
in relation to the order;

and in a case falling within paragraph (b) above, the designated
20
officer for that area shall give copies of the amending order to the
supervising officer.
      (2)
Where the designated officer for the court making the order is also
the designated officer for the new local justice area—
(a)
sub-paragraph (1)(b) above does not apply; but
25
(b)
the designated officers shall give copies of the amending
order to the supervising officer.
      (3)
Where in accordance with sub-paragraph (1) or (2) above copies of
an order are given to the supervising officer, he shall give a copy
to the supervised person and to the person in charge of any
30
institution in which the supervised person is or was residing.”
Schedule 3
Section 20

Intermittent custody
1
The Criminal Justice Act 2003 (c. 44) is amended as follows.
2
In section 244 (duty to release prisoners), in subsection (3)—
35
(a)
in paragraph (c), for the words from “which is not” to “section
183(3)” substitute “which for the purposes of section 183 (as read
with section 263(2) or 264A(2) in the case of concurrent or
consecutive sentences) is not a licence period”;
(b)
in paragraph (d), after “consecutive sentences” insert “none of which
40
falls within paragraph (c)”.
3
In section 246 (power to release prisoners on licence before required to do
so), in the definition of “the required custodial days” in subsection (6)—
(a)
in paragraph (b), after “custody” insert “which are consecutive”;

Domestic Violence, Crime and Victims Bill [HL]
Schedule 3 — Intermittent custody
30

(b)
at the end of that paragraph insert “, or
(c)
in the case of two or more sentences of intermittent
custody which are wholly or partly concurrent, the
aggregate of the numbers so specified less the
number of days that are to be served
5
concurrently;”.
4
In section 249 (duration of licence), at the end of subsection (3) insert “and
subsection (2) has effect subject to section 264A(3) (consecutive terms:
intermittent custody)”.
5
In section 250 (licence conditions), in subsection (7), for “and section 264(3)
10
and (4) (consecutive terms)” substitute “, section 264(3) and (4) (consecutive
terms) and section 264A(3) (consecutive terms: intermittent custody)”.
6
In section 264 (consecutive terms), in subsection (1), after paragraph (b)
insert “, and
(c)
none of those terms is a term to which an intermittent
15
custody order relates.”
7
After that section insert—

“264A Consecutive terms: intermittent custody
(1)
This section applies where—
(a)
a person (“the offender”) has been sentenced to two or more
20
terms of imprisonment which are to be served consecutively
on each other,
(b)
the sentences were passed on the same occasion or, where
they were passed on different occasions, the person has not
been released under this Chapter at any time during the
25
period beginning with the first and ending with the last of
those occasions, and
(c)
each of the terms is a term to which an intermittent custody
order relates.
(2)
The offender is not to be treated as having served all the required
30
custodial days in relation to any of the terms of imprisonment until
he has served the aggregate of all the required custodial days in
relation to each of them.
(3)
After the number of days served by the offender in prison is equal to
the aggregate of the required custodial days in relation to each of the
35
terms of imprisonment, the offender is to be on licence until the
relevant time and subject to such conditions as are required by this
Chapter in respect of any of the terms of imprisonment, and none of
the terms is to be regarded for any purpose as continuing after the
relevant time.
40
(4)
In subsection (3) “the relevant time” means the time when the
offender would, but for his release, have served a term equal in
length to the aggregate of—
(a)
all the required custodial days in relation to the terms of
imprisonment, and
45
(b)
the longest of the total licence periods in relation to those
terms.

Domestic Violence, Crime and Victims Bill [HL]
Schedule 4 — Investigations by Parliamentary Commissioner
31

(5)
In this section—

“total licence period”, in relation to a term of imprisonment to
which an intermittent custody order relates, means a period
equal in length to the aggregate of all the licence periods as
defined by section 183 in relation to that term;
5

“the required custodial days”, in relation to such a term, means
the number of days specified under that section.”
Schedule 4
Section 24

Investigations by Parliamentary Commissioner
1
The Parliamentary Commissioner Act 1967 (c. 13) is amended as follows.
10
2     (1)
Section 5 (matters subject to investigation) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
Subsection (1C) of this section applies if—
(a)
a written complaint is duly made to a member of the House
of Commons by a member of the public who claims that a
15
person has failed to perform a relevant duty owed by him to
the member of the public, and
(b)
the complaint is referred to the Commissioner, with the
consent of the person who made it, by a member of the House
of Commons with a request to conduct an investigation into
20
it.
(1B)
For the purposes of subsection (1A) of this section a relevant duty is
a duty imposed by—
(a)
a code of practice issued under section 21 of the Domestic
Violence, Crime and Victims Act 2004 (code of practice for
25
victims), or
(b)
section 69 of the Criminal Justice and Court Services Act 2000
(duties of local probation boards in connection with victims
of certain offences).
(1C)
If this subsection applies, the Commissioner may investigate the
30
complaint.”
      (3)
In subsection (3) for “investigation under this Act” substitute “investigation
under subsection (1) of this section”.
      (4)
After subsection (4) insert—
“(4A)
Without prejudice to subsection (2) of this section, the Commissioner
35
shall not conduct an investigation pursuant to a complaint under
subsection (1A) of this section in respect of—
(a)
action taken by or with the authority of the Secretary of State
for the purposes of protecting the security of the State,
including action so taken with respect to passports, or
40
(b)
any action or matter described in any of paragraphs 1 to 4 and
6A to 11 of Schedule 3 to this Act.

Domestic Violence, Crime and Victims Bill [HL]
Schedule 4 — Investigations by Parliamentary Commissioner
32

(4B)
Her Majesty may by Order in Council amend subsection (4A) of this
section so as to exclude from paragraph (a) or (b) of that subsection
such actions or matters as may be described in the Order.
(4C)
Any statutory instrument made by virtue of subsection (4B) of this
section shall be subject to annulment in pursuance of a resolution of
5
either House of Parliament.”
3     (1)
Section 7 (procedure in respect of investigations) is amended as follows.
      (2)
In subsection (1) after “complaint under” insert “section 5(1) of”.
      (3)
After subsection (1) insert—
“(1A)
Where the Commissioner proposes to conduct an investigation
10
pursuant to a complaint under section 5(1A) of this Act, he shall give
the person to whom the complaint relates an opportunity to
comment on any allegations contained in the complaint.”
      (4)
In subsection (2) for “such investigation” substitute “investigation under this
Act”.
15
      (5)
In subsection (4)—
(a)
after “authority concerned” insert “or the person to whom the
complaint relates”;
(b)
for “that department or authority” substitute “that department,
authority or person”.
20
4     (1)
Section 8 (evidence) is amended as follows.
      (2)
In subsection (1) after “investigation under” insert “section 5(1) of”.
      (3)
After subsection (1) insert—
“(1A)
For the purposes of an investigation pursuant to a complaint under
section 5(1A) of this Act the Commissioner may require any person
25
who in his opinion is able to furnish information or produce
documents relevant to the investigation to furnish any such
information or produce any such document.”
      (4)
In subsection (2) for “such investigation” substitute “investigation under this
Act”.
30
5     (1)
Section 10 (reports by Commissioner) is amended as follows.
      (2)
In subsection (2), after “investigation under” insert “section 5(1) of”.
      (3)
After subsection (2) insert—
“(2A)
In any case where the Commissioner conducts an investigation
pursuant to a complaint under section 5(1A) of this Act, he shall also
35
send a report of the results of the investigation to the person to whom
the complaint relates.”
      (4)
In subsection (3) after “investigation under” insert “section 5(1) of”.
      (5)
After subsection (3) insert—
“(3A)
If, after conducting an investigation pursuant to a complaint under
40
section 5(1A) of this Act, it appears to the Commissioner that—
(a)
the person to whom the complaint relates has failed to
perform a relevant duty owed by him to the person
aggrieved, and
(b)
the failure has not been, or will not be, remedied,
45

Domestic Violence, Crime and Victims Bill [HL]
Schedule 5 — Commissioner for Victims and Witnesses
33


the Commissioner may, if he thinks fit, lay before each House of
Parliament a special report upon the case.
(3B)
For the purposes of subsection (3A) of this section “relevant duty”
has the meaning given by section 5(1B) of this Act.”
      (6)
In subsection (5)(d) after “subsection (2)” insert “or (2A)”.
5
6
In section 12(1) (interpretation) for the definition of “person aggrieved”
substitute—

““person aggrieved”—
(a)
in relation to a complaint under section 5(1) of this Act,
means the person who claims or is alleged to have sustained
10
such injustice as is mentioned in section 5(1)(a) of this Act;
(b)
in relation to a complaint under section 5(1A) of this Act,
means the person to whom the duty referred to in section
5(1A)(a) of this Act is or is alleged to be owed;”.
Schedule 5
15
Section 25

Commissioner for Victims and Witnesses
Deputy Commissioner
1     (1)
The Secretary of State must appoint a Deputy Commissioner for Victims and
Witnesses (referred to in this Schedule as the Deputy Commissioner).
      (2)
Before appointing the Deputy Commissioner the Secretary of State must
20
consult the Attorney General and the Lord Chancellor as to the person to be
appointed.
      (3)
The Deputy Commissioner must act as the Commissioner—
(a)
during any period when the office of Commissioner is vacant;
(b)
at any time when the Commissioner is absent or is unable to act.
25
      (4)
The Deputy Commissioner is not to be regarded—
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
Terms of appointment
2     (1)
This paragraph applies in relation to a person appointed as the
30
Commissioner or the Deputy Commissioner.
      (2)
The period for which the person is appointed must not exceed 5 years.
      (3)
Subject to sub-paragraph (4), the person is eligible for re-appointment.
      (4)
The person must not hold office for more than 10 years in total.
      (5)
The person may at any time resign from office by giving notice in writing to
35
the Secretary of State.
      (6)
The Secretary of State may at any time remove the person from office if he is
satisfied that the person—
(a)
has become bankrupt, has had his estate sequestrated or has made a
composition or arrangement with, or granted a trust deed for, his
40
creditors, or

Domestic Violence, Crime and Victims Bill [HL]
Schedule 5 — Commissioner for Victims and Witnesses
34

(b)
is otherwise unable or unfit to carry out his functions.
      (7)
The Secretary of State must consult the Attorney General and the Lord
Chancellor before removing the person from office.
      (8)
Subject to sub-paragraphs (2) to (7), the person holds office on the terms
specified by the Secretary of State after consulting the Attorney General and
5
the Lord Chancellor.
Staff
3     (1)
The Commissioner may appoint such persons as members of his staff as he
thinks fit.
      (2)
The Commissioner must obtain the approval of the Secretary of State to—
10
(a)
the number of persons appointed as members of his staff, and
(b)
their terms and conditions of service.
      (3)
No member of the staff of the Commissioner is to be regarded—
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
15
Delegation
4
The Commissioner may authorise any member of his staff or the Deputy
Commissioner to carry out any of his functions.
Pensions
5     (1)
Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment and
20
offices to which a scheme under section 1 of that Act may apply) is amended
as set out in sub-paragraphs (2) and (3).
      (2)
At the end of the list headed “Other Bodies” insert—
“Employment as a member of the staff of the Commissioner for Victims
and Witnesses.”
25
      (3)
In the list headed “Offices”, in the appropriate places, insert—
“Commissioner for Victims and Witnesses.”
“Deputy Commissioner for Victims and Witnesses.”
      (4)
The Secretary of State must pay to the Minister for the Civil Service, at such
times as the Minister for the Civil Service may direct, such sums as the
30
Minister for the Civil Service may determine in respect of the increase
attributable to sub-paragraphs (1) to (3) in the sums payable out of money
provided by Parliament under the Superannuation Act 1972.
Finance
6
The Secretary of State must pay—
35
(a)
the remuneration of the Commissioner and the Deputy
Commissioner;
(b)
such sums as he thinks fit in respect of the expenses of the
Commissioner and the Deputy Commissioner.