|Amendments proposed to the Domestic Violence, Crime and Victims Bill [Lords] - continued||House of Commons|
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Victims of persons subject to transfer direction and restriction direction|
Mr Paul Goggins
NC26To move the following Clause:
'(1) This section applies if
(2) The local probation board for the area in which the hospital specified in the transfer direction is situated must take all reasonable steps to ascertain whether a person who appears to the board to be the victim of the offence or to act for the victim of the offence wishes
(3) The matters are
(4) The information is information about any conditions to which the offender is to be subject in the event of his discharge from hospital.
(5) If a person whose wishes have been ascertained under subsection (2) makes representations to the local probation board mentioned in that subsection or the relevant local probation board about a matter specified in subsection (3), the relevant local probation board must forward the representations to the persons responsible for determining the matter.
(6) If a local probation board has ascertained under subsection (2) that a person wishes to receive the information specified in subsection (4), the relevant local probation board must take all reasonable steps
(7) The duties in subsections (5) and (6) apply only while the restriction direction is in force.
(8) The relevant local probation board is
Representations and information: interpretation
Mr Paul Goggins
NC27To move the following Clause:
'(1) In sections [Victims of persons sentenced to imprisonment or detention] to [Victims of persons subject to transfer direction and restriction direction]
(2) An offence is a sexual or violent offence if it is any of these
Recovery of criminal injuries compensation from offenders
Mr Paul Goggins
NC28To move the following Clause:
'(1) The Criminal Injuries Compensation Act 1995 (c.53) is amended as follows.
(2) After section 7 insert
"7A Recovery of compensation from offenders: general
(1) The Secretary of State may, by regulations made by statutory instrument, make provision for the recovery from an appropriate person of an amount equal to all or part of the compensation paid in respect of a criminal injury.
(2) An appropriate person is a person who has been convicted of an offence in respect of the criminal injury.
(3) The amount recoverable from a person under the regulations must be determined by reference only to the extent to which the criminal injury is directly attributable to an offence of which he has been convicted.
(4) The regulations may confer functions in respect of recovery on
(5) The regulations may not authorise the recovery of an amount in respect of compensation from a person to the extent that the compensation has been repaid in accordance with the Scheme.
7B Recovery notices
(1) If, under regulations made under section 7A(1), an amount has been determined as recoverable from a person, he must be given a notice (a "recovery notice") in accordance with the regulations which
(2) The information is
(3) The Secretary of State may by order made by statutory instrument amend subsection (2) by
7C Review of recovery determinations
(1) Regulations under section 7A(1) shall include provision for the review, in such circumstances as may be prescribed by the regulations, of
(2) A person from whom an amount has been determined as recoverable under the regulations may seek such a review only on the grounds
(3) Any such review must be conducted by a person other than the person who made the determination under review.
(4) The person conducting any such review may
(5) But the person conducting any such review may increase the amount determined as recoverable if (but only if) it appears to that person that the interests of justice require the amount to be increased.
7D Recovery proceedings
(1) An amount determined as recoverable from a person under regulations under section 7A(1) is recoverable from him as a debt due to the Crown if (but only if)
(2) In any proceedings for the recovery of the amount from a person, it is a defence for the person to show
(3) In any such proceedings, except for the purposes of subsection (2)(b), no question may be raised or finding made as to the amount that was, or ought to have been, the subject of an award.
(4) For the purposes of section 9 of the Limitation Act 1980 (time limit for actions for sums recoverable by statute to run from date on which cause of action accrued) the cause of action to recover that amount shall be taken to have accrued
(5) If that person is convicted of more than one such offence and the convictions are made on different dates, the reference in subsection (4)(b) to the date on which he was convicted of such an offence shall be taken to be a reference to the earlier or earliest (as the case may be) of the dates on which he was convicted of such an offence.".
(3) In section 9(7) (financial provisions: sums payable into Consolidated Fund), after "section 3(1)(c)" insert ", or by virtue of regulations made under section 7A(1),".
(4) In section 11, after subsection (8) insert
"(8A) No regulations under section 7A(1) or order under section 7B(3) shall be made unless a draft of the regulations or order has been laid before Parliament and approved by a resolution of each House.".'.