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 7 — Minor and consequential amendments

42

order, or has attached that power only to certain provisions

of the order,”.

27

In section 49 of that Act (variation and discharge of orders), in subsection (4)

omit “or non-molestation order”.

28

In section 62 of that Act (definitions), in subsection (1)(b), for ““former

5

cohabitants” is to be read accordingly, but” substitute ““cohabit” and

“former cohabitants” are to be read accordingly, but the latter expression”.

29    (1)

In section 63 of that Act (interpretation of Part 4), subsection (1) is amended

as follows.

      (2)

At the beginning of the definition of “cohabitant” and “former cohabitant”

10

insert ““cohabit”,”.

      (3)

In the definition of “relative”—

(a)

for “or nephew” in paragraph (b) substitute “, nephew or first

cousin”;

(b)

for “is living or has lived with another person as husband and wife”

15

substitute “is cohabiting or has cohabited with another person”.

30    (1)

Schedule 7 to that Act (transfer of certain tenancies on divorce etc or on

separation of cohabitants) is amended as follows.

      (2)

In paragraph 3(2), for “to live together as husband and wife” substitute “to

cohabit”.

20

      (3)

In paragraph 4(b), for “lived together as husband and wife” substitute

“cohabited”.

Protection from Harassment Act 1997 (c. 40)

31    (1)

Section 5 of the Protection from Harassment Act 1997 (power to make

restraining order where defendant convicted of offence under section 2 or 4

25

of that Act) is amended as follows.

      (2)

In the heading, at the end insert “on conviction”.

      (3)

In subsection (2) omit “further”.

32

In section 7 of that Act (interpretation), in subsection (1), for “sections 1 to 5”

substitute “sections 1 to 5A”.

30

Crime (Sentences) Act 1997 (c. 43)

33    (1)

Schedule 1 to the Crime (Sentences) Act 1997 (transfers of prisoners within

the British Islands) (as amended by Schedule 32 to the Criminal Justice Act

2003) is amended as follows.

      (2)

In paragraph 8 (restricted transfers from England and Wales to Scotland), in

35

sub-paragraphs (2)(a) and (4)(a), for “264” substitute “246A”.

      (3)

In paragraph 9 (restricted transfers from England and Wales to Northern

Ireland), in sub-paragraphs (2)(a) and (4)(a), for “264” substitute “246A”.

Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9))

34    (1)

Article 7 of the Protection from Harassment (Northern Ireland) Order 1997

40

(power to make restraining order where defendant convicted of offence

under Article 4 or 6 of that Act) is amended as follows.

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

43

      (2)

In the heading, at the end insert “on conviction”.

      (3)

In paragraph (2) omit “further”.

Crime and Disorder Act 1998 (c. 37)

35

In section 32 of the Crime and Disorder Act 1998 (racially or religiously

aggravated harassment etc) omit subsection (7) (which is superseded by

5

provision made by section 10(1) above).

Criminal Justice and Court Services Act 2000 (c. 43)

36

In Schedule 4 to the Criminal Justice and Court Services Act 2000 (offences

against children for the purposes of disqualification orders), in paragraph 3,

after paragraph (sa) insert—

10

“(sb)

he commits 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) in respect of a

child.”

Sexual Offences Act 2003 (c. 42)

15

37

In section 133 of the Sexual Offences Act 2003 (general interpretation of Part

2) after subsection (1) insert—

“(1A)

A reference in subsection (1) to section 37 or 41 of the Mental Health

Act or to Part 3 of that Act includes a reference to that section or Part

as it applies by virtue of section 5 of the Criminal Procedure

20

(Insanity) Act 1964 or section 6 or 14 of the Criminal Appeal Act

1968.”

38    (1)

Schedule 5 to that Act (other offences for the purposes of sexual offences

prevention orders) is amended as follows.

      (2)

After paragraph 63 insert—

25

“63A

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).”

      (3)

After paragraph 171 insert—

“171A

An offence under section 5 of the Domestic Violence, Crime and

30

Victims Act 2004 (causing or allowing the death of a child or

vulnerable adult).”

Criminal Justice Act 2003 (c. 44)

39

In section 48 of the Criminal Justice Act 2003 (c. 44) (further provisions about

trial without a jury), in subsection (6), for paragraphs (a) and (b) substitute

35

“the requirement under section 4A of the Criminal Procedure (Insanity) Act

1964 that any question, finding or verdict mentioned in that section be

determined, made or returned by a jury”.

40

In section 74 of that Act (interpretation of Part 9), after subsection (6) insert—

“(7)

In its application to a trial on indictment in respect of which an order

40

under section 12(2) of the Domestic Violence, Crime and Victims Act

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

44

2004 has been made, this Part is to have effect with such

modifications as the Secretary of State may by order specify.”

41

In Schedule 15 to that Act (specified offences for the purposes of Chapter 5

of Part 12 of that Act), in Part 1 (specified violent offences), after paragraph

63 insert—

5

“63A

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).”

42

In Schedule 17 to that Act (Northern Ireland offences specified for the

purposes of section 229(4)), in Part 1 (specified violent offences), after

10

paragraph 60 insert—

“60A

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 8 — Repeals

45

Schedule 8

Section 34(2)

Repeals

Short title and chapter

Extent of repeal

Criminal Appeal Act 1968

Section 14A.

(c. 19)

5

Juries Act 1974 (c. 23)

In section 11, paragraph (b) of subsection (5)

and “(b)” in subsection (6).

Supreme Court Act 1981 (c. 54)

In section 55(4)(a)(iii), the words “of a jury”.

Mental Health Act 1983 (c. 20)

In section 69(2)(a), the words “or section 5(1) of

the Criminal Procedure (Insanity) Act 1964”.

10

Section 71(5) and (6).

Section 79(1)(b).

Prosecution of Offences Act

In section 16(4), the word “or” preceding

1985 (c. 23)

paragraph (c).

Coroners Act 1988 (c. 13)

In section 16(1)(a), the word “or” preceding sub-

15

paragraph (iii).

In section 17, in subsections (1) and (2) the word

“or” preceding paragraph (c).

Criminal Procedure (Insanity

Sections 3 and 5.

and Unfitness to Plead) Act

In section 6—

20

1991 (c. 25)

(a)

  the definition of “local probation

board” in subsection (1);

(b)

  subsection (2).

Schedules 1 and 2.

Law Reform (Year and a Day

In section 2(3), the word “or” preceding

25

Rule) Act 1996 (c. 19)

paragraph (b).

Family Law Act 1996 (c. 27)

Section 41.

In section 42(5)(a), the words from “or” to

“made”.

Section 47(1).

30

In section 49(4), the words “or non-molestation

order”.

Protection from Harassment

In section 5, the words “under section 2 or 4” in

Act 1997 (c. 40)

subsection (1) and the word “further” in

subsection (2).

35

Protection from Harassment

In Article 7, the words “under Article 4 or 6” in

(Northern Ireland) Order

paragraph (1) and the word “further” in

1997 (S.I. 1997/1180 (N.I. 9))

paragraph (2).

Crime and Disorder Act 1998

Section 32(7).

(c. 37)

40

Access to Justice Act 1999 (c. 22)

In Schedule 13, paragraph 163.

Powers of Criminal Courts

In Schedule 9, paragraph 133.

(Sentencing) Act 2000 (c. 6)

Care Standards Act 2000 (c. 14)

In Schedule 4, paragraph 16.

Criminal Justice and Court

In Schedule 7, paragraphs 99 to 102.

45

Services Act 2000 (c. 43)

Domestic Violence, Crime and Victims Bill [HL]
Schedule 9 — Transitional and transitory provisions

46

Short title and chapter

Extent of repeal

Criminal Justice Act 2003 (c. 44)

In section 246(6), in the definition of “the

required custodial days”, the word “or”

preceding paragraph (b).

In section 264(1), the word “and” preceding

5

paragraph (b).

Schedule 9

Section 35

Transitional and transitory provisions

1     (1)

Section 1 and paragraphs 25 to 27 of Schedule 7 apply only in relation to

conduct occurring on or after the commencement of that section.

10

      (2)

In relation to an offence committed before the commencement of section

154(1) of the Criminal Justice Act 2003 (c. 44), the reference to 12 months in

subsection (5)(b) of section 42A of the Family Law Act 1996 (inserted by

section 1 of this Act) is to be read as a reference to six months.

2

In section 5, the reference in subsection (1)(a) to an unlawful act does not

15

include an act that (or so much of an act as) occurs before the commencement

of that section.

3     (1)

This paragraph has effect, in relation to any time before the commencement

of the repeal (by paragraph 51 of Schedule 3 to the Criminal Justice Act 2003)

of section 6 of the Magistrates’ Courts Act 1980 (c. 43), where—

20

(a)

a magistrates’ court is considering under subsection (1) of that

section whether to commit a person (“the accused”) for trial for an

offence of murder or manslaughter, and

(b)

the accused is charged in the same proceedings with an offence

under section 5 above in respect of the same death.

25

      (2)

If there is sufficient evidence to put the accused on trial by jury for the

offence under section 5, there is deemed to be sufficient evidence to put him

on trial by jury for the offence of murder or manslaughter.

4

Section 8 applies only in relation to offences committed on or after the

commencement of that section.

30

5     (1)

Section 10(1) and paragraphs 31(3) and 35 of Schedule 7 do not apply where

the conviction occurs before the commencement of those provisions.

      (2)

Section 10(2) applies only in relation to applications made on or after the

commencement of that provision.

      (3)

Section 10(4) and paragraphs 31(2) and 32 of Schedule 7 do not apply where

35

the acquittal (or, where subsection (5) of the inserted section 5A applies, the

allowing of the appeal) occurs before the commencement of those

provisions.

6     (1)

Section 11(1) and paragraph 34(3) of Schedule 7 do not apply where the

conviction occurs before the commencement of those provisions.

40

      (2)

Section 11(2) applies only in relation to applications made on or after the

commencement of that provision.

      (3)

Section 11(4) and paragraph 34(2) of Schedule 7 do not apply where the

acquittal (or, where paragraph (5) of the inserted Article 7A applies, the

Domestic Violence, Crime and Victims Bill [HL]
Schedule 9 — Transitional and transitory provisions

47

allowing of the appeal) occurs before the commencement of those

provisions.

7     (1)

The provisions mentioned in sub-paragraph (2) do not apply—

(a)

in relation to proceedings before the Crown Court, where the

accused was arraigned before the commencement of those

5

provisions;

(b)

in relation to proceedings before the Court of Appeal, where the

hearing of the appeal began before that commencement.

      (2)

The provisions are—

(a)

sections 18 and 17;

10

(b)

Schedule 2;

(c)

paragraphs 4, 5, 7, 10 to 13 and 39 of Schedule 7.

8

The Schedule inserted by Schedule 2 has effect in relation to any time before

the commencement of sections 8 and 37 of the Courts Act 2003 (c. 39)—

(a)

as if a reference to a local justice area were to a petty sessions area;

15

(b)

as if a reference to a designated officer were to a justices’ chief

executive.

9

Each entry in Schedule 8 applies in the same way as the provision of this Act

to which it corresponds.