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Domestic Violence, Crime and Victims Bill [HL]


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

35

 

Accounts

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.

Annual plan

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

his approval.

      (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

first prepared.

Annual report

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

financial year.

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

(c)   

the Lord Chancellor.

      (4)  

The Secretary of State must—

(a)   

lay a copy of the report before Parliament;

(b)   

arrange for the report to be published.

40

Disqualification Acts

10    (1)  

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 6 — Authorities within Commissioner’s remit

36

 

(c. 24) (offices the holders of which are disqualified) at the appropriate

places insert—

“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),

and

(b)   

each subsequent period of 12 months beginning on 1 April.

15

Schedule 6

Section 30

 

Authorities within Commissioner’s remit

Government departments

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

8          

The Home Office.

9          

The Office of the Deputy Prime Minister.

Customs and Excise

10         

The Commissioners of Customs and Excise.

Police forces etc

30

11         

A police force for a police area in England or Wales.

12         

The Serious Fraud Office.

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 7 — Minor and consequential amendments

37

 

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

Health and safety

16         

The Health and Safety Commission.

17         

The Health and Safety Executive.

Legal services

18         

The Legal Services Commission.

10

Court administration

19         

Persons exercising functions relating to the carrying on of the business of a

court.

Criminal justice system

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).

23         

The Parole Board.

24         

The Prison Service.

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).

Maritime and coastguards

27         

The Maritime and Coastguard Agency.

25

Schedule 7

Section 34(1)

 

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

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 7 — Minor and consequential amendments

38

 

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

Services Act 2000;”.

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

etc),”.

5          

In section 51 of that Act (interpretation), in subsection (2A), for “6, 14 or 14A”

20

substitute “6 or 14”.

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.”

Juries Act 1974 (c. 23)

7     (1)  

Section 11 of the Juries Act 1974 (ballot and swearing of jurors) is amended

as follows.

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,”.

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 7 — Minor and consequential amendments

39

 

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

jury”.

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

Act 2003 (c. 42) insert—

“Domestic Violence, Crime and Victims Act 2004

           

Section 5 (causing or allowing the death of a child or vulnerable

10

adult).”

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

subsection (1).

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

adult).”

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

plead);”.

Coroners Act 1988 (c. 13)

16         

In section 16 of the Coroners Act 1988 (adjournment of inquest in event of

35

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 7 — Minor and consequential amendments

40

 

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)

insert “; or

(d)   

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),”.

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

cease.”

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

adult).”

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

there have been”.

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

or vulnerable adult).”

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 7 — Minor and consequential amendments

41

 

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

intended to cohabit”.

      (3)  

In subsection (6)(f), for “lived together as husband and wife” substitute

“cohabited”.

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

(2)(b).

(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

by subsection (2)(b).”

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

occupation order”.

      (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

      (2)  

Omit subsection (1).

      (3)  

In subsections (2) and (4), for “a relevant order” substitute “an occupation

order”.

      (4)  

In subsections (3) and (5), for “the relevant order” substitute “the occupation

order”.

40

      (5)  

In subsection (8), for the words up to the end of paragraph (b) substitute—

   

“If the court—

(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

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