Domestic Violence, Crime and Victims Bill [HL]
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Home Office, will be published
separately as Bill 83—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Mr Secretary Blunkett has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Domestic Violence, Crime and Victims Bill are
compatible with the Convention rights.
Contents
Part 1
Domestic violence etc
Amendments to Part 4 of the Family Law Act 1996
1
Breach of non-molestation order to be a criminal offence
2
Additional considerations if parties are cohabitants or former cohabitants
3
“Cohabitants” in Part 4 of 1996 Act to include same-sex couples
4
Extension of Part 4 of 1996 Act to non-cohabiting couples
Causing or allowing the death of a child or vulnerable adult
5
The offence
6
Evidence and procedure: courts-martial
Domestic homicide reviews
7
Establishment and conduct of reviews
Part 2
Criminal procedure etc
Assault, harassment etc
8
Common assault to be an arrestable offence
9
Common assault etc as alternative verdict
10
Restraining orders: England and Wales
11
Restraining orders: Northern Ireland
Trial by jury of sample counts only
12
Application by prosecution for certain counts to be tried without a jury
13
Procedure for applications under section 12
14
Effect of order under section 12(2)
15
Rules of court
16
Application of sections 12 to 15 to Northern Ireland
iv
Unfitness to plead and insanity
17
Powers of court on finding of insanity or unfitness to plead etc
18
Appeal against order made on finding of insanity or unfitness to plead etc
Amendments of the Criminal Justice Act 2003
19
Prosecution appeals
20
Intermittent custody
Part 3
Victims etc
Victims’ code
21
Code of practice for victims
22
Procedure
23
Effect of non-compliance
Parliamentary Commissioner
24
Investigations by Parliamentary Commissioner
Commissioner for Victims and Witnesses
25
26
General functions of Commissioner
27
Advice
28
Restrictions on exercise of functions
29
“Victims” and “witnesses”
30
Authorities within Commissioner’s remit
Information
31
Disclosure of information
Victims’ Advisory Panel
32
Grants
33
Grants for assisting victims, witnesses etc
Part 4
Supplementary
34
Amendments and repeals
35
Transitional and transitory provisions
36
Commencement
37
Orders
38
Extent
39
Short title
v
Schedule 1 —
Modification of sections 12 to 15 for Northern Ireland
Schedule 2 —
Supervision orders on finding of insanity or unfitness to plead
etc
Schedule 3 —
Schedule 4 —
Schedule 5 —
Schedule 6 —
Schedule 7 —
Minor and consequential amendments
Schedule 8 —
Repeals
Schedule 9 —