|
| |
|
| |
7 (1) | The Commissioner must— |
| |
(a) | keep proper accounts and proper records in relation to the accounts; |
| |
(b) | prepare a statement of accounts in respect of each financial year, in |
| |
the form directed by the Secretary of State; |
| 5 |
(c) | send copies of the statement to the Secretary of State and the |
| |
Comptroller and Auditor General, not later than the 31 August |
| |
following the end of the financial year to which it relates. |
| |
(2) | The Comptroller and Auditor General must— |
| |
(a) | examine, certify and report on the statement of accounts; |
| 10 |
(b) | lay copies of the statement and of his report before Parliament. |
| |
| |
8 (1) | The Commissioner must, before the beginning of each financial year apart |
| |
from the first, prepare a plan setting out how he intends to exercise his |
| |
functions during the financial year (an annual plan). |
| 15 |
(2) | In preparing the plan, the Commissioner must consider whether to deal in |
| |
the plan with any issues specified by the Secretary of State. |
| |
(3) | The Commissioner must send a copy of the plan to the Secretary of State for |
| |
| |
(4) | The Secretary of State must consult the Attorney General and the Lord |
| 20 |
Chancellor in deciding whether to approve the plan. |
| |
(5) | If the Secretary of State does not approve the plan— |
| |
(a) | he must give the Commissioner his reasons for not approving it, and |
| |
(b) | the Commissioner must revise the plan. |
| |
(6) | Sub-paragraphs (2) to (5) apply to a revised plan as they apply to the plan as |
| 25 |
| |
| |
9 (1) | The Commissioner must, as soon as possible after the end of each financial |
| |
year, prepare a report on how he has exercised his functions during the |
| |
| 30 |
(2) | The report for any financial year apart from the first must include— |
| |
(a) | the Commissioner’s annual plan for the financial year, and |
| |
(b) | an assessment of the extent to which the plan has been carried out. |
| |
(3) | The Commissioner must send a copy of the report to— |
| |
(a) | the Secretary of State, |
| 35 |
(b) | the Attorney General, and |
| |
| |
(4) | The Secretary of State must— |
| |
(a) | lay a copy of the report before Parliament; |
| |
(b) | arrange for the report to be published. |
| 40 |
| |
10 (1) | In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| |
|
| |
|
| |
|
(c. 24) (offices the holders of which are disqualified) at the appropriate |
| |
| |
| “Commissioner for Victims and Witnesses.” |
| |
| “Deputy Commissioner for Victims and Witnesses.” |
| |
(2) | In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification |
| 5 |
Act 1975 (c. 25) (offices the holders of which are disqualified) at the |
| |
appropriate places insert— |
| |
| “Commissioner for Victims and Witnesses.” |
| |
| “Deputy Commissioner for Victims and Witnesses.” |
| |
Meaning of “financial year” |
| 10 |
11 | In this Schedule “financial year” means— |
| |
(a) | the period beginning on the day on which section 25 comes into force |
| |
and ending on the next 31 March (which is the first financial year), |
| |
| |
(b) | each subsequent period of 12 months beginning on 1 April. |
| 15 |
| |
| |
Authorities within Commissioner’s remit |
| |
| |
1 | The Department for Constitutional Affairs. |
| |
2 | The Department for Education and Skills. |
| 20 |
3 | The Department of Health. |
| |
4 | The Department of Trade and Industry. |
| |
5 | The Department for Transport. |
| |
6 | The Department for Work and Pensions. |
| |
7 | The Foreign and Commonwealth Office. |
| 25 |
| |
9 | The Office of the Deputy Prime Minister. |
| |
| |
10 | The Commissioners of Customs and Excise. |
| |
| 30 |
11 | A police force for a police area in England or Wales. |
| |
12 | The Serious Fraud Office. |
| |
|
| |
|
| |
|
13 | The force of constables appointed under section 53 of the British Transport |
| |
Commission Act 1949 (c. xxix). |
| |
Criminal injuries compensation |
| |
14 | The Criminal Injuries Compensation Appeals Panel. |
| |
15 | The Criminal Injuries Compensation Authority. |
| 5 |
| |
16 | The Health and Safety Commission. |
| |
17 | The Health and Safety Executive. |
| |
| |
18 | The Legal Services Commission. |
| 10 |
| |
19 | Persons exercising functions relating to the carrying on of the business of a |
| |
| |
| |
20 | The Criminal Cases Review Commission. |
| 15 |
21 | The Crown Prosecution Service. |
| |
22 | A local probation board established under section 4 of the Criminal Justice |
| |
and Court Services Act 2000 (c. 43). |
| |
| |
| 20 |
25 | The Youth Justice Board for England and Wales. |
| |
26 | A youth offending team established under section 39 of the Crime and |
| |
Disorder Act 1998 (c. 37). |
| |
| |
27 | The Maritime and Coastguard Agency. |
| 25 |
| |
| |
Minor and consequential amendments |
| |
Children and Young Persons Act 1933 (c. 12) |
| |
1 | In Schedule 1 to the Children and Young Persons Act 1933 (offences against |
| |
children and young persons with respect to which special provisions of the |
| 30 |
|
| |
|
| |
|
Act apply), after “Infanticide” insert— |
| |
| “An offence under section 5 of the Domestic Violence, Crime and |
| |
Victims Act 2004, in respect of a child or young person.” |
| |
Criminal Procedure (Insanity) Act 1964 (c. 84) |
| |
2 | In section 8(2) of the Criminal Procedure (Insanity) Act 1964 (interpretation), |
| 5 |
after the definition of “duly approved” insert— |
| |
| ““local probation board” means a local probation board |
| |
established under section 4 of the Criminal Justice and Court |
| |
| |
Criminal Appeal Act 1968 (c. 19) |
| 10 |
3 | In section 15 of the Criminal Appeal Act 1968 (right of appeal against finding |
| |
of disability), in subsection (1), for the words “the jury has returned” |
| |
substitute “there have been”. |
| |
4 | In section 37 of that Act (detention of defendant on appeal by the Crown to |
| |
House of Lords), in subsection (4), for paragraph (b) substitute— |
| 15 |
“(b) | a hospital order made by virtue of section 5(2)(a) of the |
| |
Criminal Procedure (Insanity) Act 1964 (powers to deal with |
| |
persons not guilty by reason of insanity or unfit to plead |
| |
| |
5 | In section 51 of that Act (interpretation), in subsection (2A), for “6, 14 or 14A” |
| 20 |
| |
Children and Young Persons Act (Northern Ireland) 1968 (c. 34) |
| |
6 | In Schedule 1 to the Children and Young Persons Act (Northern |
| |
Ireland) 1968 (offences against children and young persons with respect to |
| |
which special provisions of the Act apply), after “Infanticide” insert— |
| 25 |
| “An offence under section 5 of the Domestic Violence, Crime and |
| |
Victims Act 2004, in respect of a child or young person.” |
| |
| |
7 (1) | Section 11 of the Juries Act 1974 (ballot and swearing of jurors) is amended |
| |
| 30 |
(2) | In subsection (5) omit paragraph (b). |
| |
(3) | In subsection (6) omit “, (b)”. |
| |
Criminal Appeal (Northern Ireland) Act 1980 (c. 47) |
| |
8 | In section 19(1A)(a) of the Criminal Appeal (Northern Ireland) Act 1980 |
| |
(legal aid), after “appeal under” insert “section 13A of the Domestic |
| 35 |
Violence, Crime and Victims Act 2004,”. |
| |
|
| |
|
| |
|
Supreme Court Act 1981 (c. 54) |
| |
9 | In section 55 of the Supreme Court Act 1981 (constitution of criminal |
| |
division of Court of Appeal), in subsection (4)(a)(iii) omit the words “of a |
| |
| |
Criminal Justice Act 1982 (c. 48) |
| 5 |
10 | In Schedule 1 to the Criminal Justice Act 1982 (offences excluded from early |
| |
release provisions), in Part 2, after the entry relating to the Sexual Offences |
| |
| |
“Domestic Violence, Crime and Victims Act 2004 |
| |
| Section 5 (causing or allowing the death of a child or vulnerable |
| 10 |
| |
Mental Health Act 1983 (c. 20) |
| |
11 | In section 69 of the Mental Health Act 1983 (application to tribunals |
| |
concerning patients subject to hospital orders etc), in subsection (2)(a)— |
| |
(a) | for “below,” substitute “below or”; |
| 15 |
(b) | omit “or section 5(1) of the Criminal Procedure (Insanity) Act 1964”. |
| |
12 | In section 71 of that Act (references by Home Secretary concerning restricted |
| |
patients) omit subsections (5) and (6). |
| |
13 | In section 79 of that Act (interpretation of Part 5) omit paragraph (b) of |
| |
| 20 |
Police and Criminal Evidence Act 1984 (c. 60) |
| |
14 | In Schedule 5 to the Police and Criminal Evidence Act 1984 (serious |
| |
arrestable offences), in Part 2, after paragraph 23 insert— |
| |
“Domestic Violence, Crime and Victims Act 2004 |
| |
24 | Section 5 (causing or allowing the death of a child or vulnerable |
| 25 |
| |
Prosecution of Offences Act 1985 (c. 23) |
| |
15 | In section 16 of the Prosecution of Offences Act 1985 (defence costs), in |
| |
subsection (4) (power of Court of Appeal to make defendant’s costs order), |
| |
after paragraph (c) insert “or |
| 30 |
(d) | allows, to any extent, an appeal under section 16A of that Act |
| |
(appeal against order made in cases of insanity or unfitness to |
| |
| |
Coroners Act 1988 (c. 13) |
| |
16 | In section 16 of the Coroners Act 1988 (adjournment of inquest in event of |
| 35 |
|
| |
|
| |
|
criminal proceedings), in subsection (1)(a), after sub-paragraph (iii) insert— |
| |
“(iv) | an offence under section 5 of the Domestic Violence, |
| |
Crime and Victims Act 2004 (causing or allowing the |
| |
death of a child or vulnerable adult); or”. |
| |
17 | In section 17 of that Act (coroner to be informed of result of criminal |
| 5 |
proceedings), in subsections (1) and (2), at the end of paragraph (c) |
| |
| |
(d) | an offence under section 5 of the Domestic Violence, Crime |
| |
and Victims Act 2004 (causing or allowing the death of a child |
| |
| 10 |
Criminal Justice Act 1988 (c. 33) |
| |
18 | In section 41 of the Criminal Appeal Act 1988 (power of Crown Court to deal |
| |
with summary offence where person committed for either way offence), |
| |
after subsection (4) insert— |
| |
“(4A) | The committal of a person under this section in respect of an offence |
| 15 |
to which section 40 above applies shall not prevent him being found |
| |
guilty of that offence under section 6(3) of the Criminal Law Act 1967 |
| |
(alternative verdicts on trial on indictment); but where he is |
| |
convicted under that provision of such an offence, the functions of |
| |
the Crown Court under this section in relation to the offence shall |
| 20 |
| |
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) |
| |
19 | In Schedule 5 to the Police and Criminal Evidence (Northern Ireland) Order |
| |
1989 (serious arrestable offences), in Part 2, after paragraph 14 insert— |
| |
“Domestic Violence, Crime and Victims Act 2004 |
| 25 |
15 | Section 5 (causing or allowing the death of a child or vulnerable |
| |
| |
Criminal Appeal Act 1995 (c. 35) |
| |
20 | In section 9 of the Criminal Appeal Act 1995 (references by Criminal Cases |
| |
Review Commission to Court of Appeal), in subsection (6), for the words “a |
| 30 |
jury in England and Wales has returned” substitute “in England and Wales |
| |
| |
Law Reform (Year and a Day Rule) Act 1996 (c. 19) |
| |
21 | 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), at the end |
| 35 |
of paragraph (b) insert “, or |
| |
(c) | an offence under section 5 of the Domestic Violence, Crime |
| |
and Victims Act 2004 (causing or allowing the death of a child |
| |
| |
|
| |
|
| |
|
Family Law Act 1996 (c. 27) |
| |
22 (1) | Section 36 of the Family Law Act 1996 (one cohabitant or former cohabitant |
| |
with no existing right to occupy) is amended as follows. |
| |
(2) | In subsection (1)(c), for the words from “live together as” to the end |
| |
substitute “cohabit or a home in which they at any time cohabited or |
| 5 |
| |
(3) | In subsection (6)(f), for “lived together as husband and wife” substitute |
| |
| |
23 | In section 38 of that Act (neither cohabitant or former cohabitant entitled to |
| |
occupy), in subsection (1)(a), for “live or lived together as husband and wife” |
| 10 |
substitute “cohabit or cohabited”. |
| |
24 (1) | Section 42 of that Act (non-molestation orders) is amended as follows. |
| |
(2) | After subsection (4) insert— |
| |
“(4A) | A court considering whether to make an occupation order shall also |
| |
consider whether to exercise the power conferred by subsection |
| 15 |
| |
(4B) | In this Part “the applicant”, in relation to a non-molestation order, |
| |
includes (where the context permits) the person for whose benefit |
| |
such an order would be or is made in exercise of the power conferred |
| |
| 20 |
(3) | In subsection (5)(a) omit the words from “or” to “made”. |
| |
25 (1) | Section 46 of that Act (undertakings) is amended as follows. |
| |
(2) | In subsection (3), after “under subsection (1)” insert “instead of making an |
| |
| |
(3) | After that subsection insert— |
| 25 |
“(3A) | The court shall not accept an undertaking under subsection (1) |
| |
instead of making a non-molestation order in any case where it |
| |
appears to the court that— |
| |
(a) | the respondent has used or threatened violence against the |
| |
applicant or a relevant child; and |
| 30 |
(b) | for the protection of the applicant or child it is necessary to |
| |
make a non-molestation order so that any breach may be |
| |
punishable under section 42A.” |
| |
26 (1) | Section 47 of that Act (arrest for breach of occupation order or non- |
| |
molestation order) is amended as follows. |
| 35 |
| |
(3) | In subsections (2) and (4), for “a relevant order” substitute “an occupation |
| |
| |
(4) | In subsections (3) and (5), for “the relevant order” substitute “the occupation |
| |
| 40 |
(5) | In subsection (8), for the words up to the end of paragraph (b) substitute— |
| |
| |
(a) | has made a non-molestation order, or |
| |
(b) | has made an occupation order but has not attached a power |
| |
of arrest under subsection (2) or (3) to any provision of the |
| 45 |
|
| |
|