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 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,
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(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
45