Domestic Violence, Crime and Victims Bill [HL]

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Domestic Violence, Crime and Victims Bill [HL]

Domestic Violence, Crime and Victims Bill [HL]
Part 2 — Criminal Justice
15

(a)
the reference in subsection (1) to a person being convicted
before the Crown Court included a reference to the case where
section 5 above applies;
(b)
the words after “punishable with imprisonment” and before “or
is convicted” were omitted; and
5
(c)
for subsections (4) and (5) there were substituted—
“(4)
Where an order is made under this section requiring a person to
be admitted to a hospital (“a hospital order”), it shall be the duty
of the managers of the hospital specified in the order to admit
him in accordance with it.”
10
(2)
In relation to a case where section 5 above applies but the court have not
yet made one of the disposals mentioned in subsection (2) of that
section—
(a)
section 35 of the 1983 Act (remand to hospital for report on
accused’s mental condition) shall have effect with the omission
15
of the words after paragraph (b) in subsection (3);
(b)
section 36 of that Act (remand of accused person to hospital for
treatment) shall have effect with the omission of the words
“(other than an offence the sentence for which is fixed by law)”
in subsection (2);
20
(c)
references in sections 35 and 36 of that Act to an accused person
shall be construed as including a person in whose case this
subsection applies; and
(d)
section 38 of that Act (interim hospital orders) shall have effect
as if—
25
(i)
the reference in subsection (1) to a person being
convicted before the Crown Court included a reference
to the case where section 5 above applies; and
(ii)
the words “(other than an offence the sentence for which
is fixed by law)” in that subsection were omitted.
30
(3)
In relation to the making of any order under the 1983 Act by virtue of
this Act, references in the 1983 Act to an offender shall be construed as
including references to a person in whose case section 5 above applies,
and references to an offence shall be construed accordingly.
(4)
Where—
35
(a)
a person is detained in pursuance of a hospital order which the
court had power to make by virtue of section 5(1)(b) above, and
(b)
the court also made a restriction order, and that order has not
ceased to have effect,

the Secretary of State, if satisfied after consultation with the responsible
40
medical officer that the person can properly be tried, may remit the
person for trial, either to the court of trial or to a prison.

On the person’s arrival at the court or prison, the hospital order and the
restriction order shall cease to have effect.
(5)
Schedule 1A to this Act (supervision orders) has effect with respect to
45
the making of supervision orders under subsection (2)(b) of section 5
above, and with respect to the revocation and amendment of such
orders.

Domestic Violence, Crime and Victims Bill [HL]
Part 2 — Criminal Justice
16

(6)
In relation to the making of an order under subsection (2)(c) of section
5 above, section 12(1) of the Powers of Criminal Courts (Sentencing)
Act 2000 (absolute and conditional discharge) shall have effect as if—
(a)
the reference to a person being convicted by or before a court of
such an offence as is there mentioned included a reference to the
5
case where section 5 above applies; and
(b)
the reference to the court being of opinion that it is inexpedient
to inflict punishment included a reference to it thinking that an
order for absolute discharge would be most suitable in all the
circumstances of the case.”
10
(2)
Before Schedule 2 to the Criminal Procedure (Insanity) Act 1964 (c. 84) insert
the Schedule set out in Schedule 2 to this Act.
(3)
In section 6 of the Criminal Appeal Act 1968 (c. 19) (substitution of finding of
insanity or findings of unfitness to plead etc) and in section 14 of that Act
(substitution of findings of unfitness to plead etc), for subsections (2) and (3)
15
substitute—
“(2)
The Court of Appeal shall make in respect of the accused—
(a)
a hospital order (with or without a restriction order);
(b)
a supervision order; or
(c)
an order for his absolute discharge.
20
(3)
Where—
(a)
the offence to which the appeal relates is an offence the sentence
for which is fixed by law, and
(b)
the court have power to make a hospital order,

the court shall make a hospital order with a restriction order (whether
25
or not they would have power to make a restriction order apart from
this subsection).
(4)
Section 5A of the Criminal Procedure (Insanity) Act 1964 (“the 1964
Act”) applies in relation to this section as it applies in relation to section
5 of that Act.
30
(5)
Where the Court of Appeal make an interim hospital order by virtue of
this section—
(a)
the power of renewing or terminating it and of dealing with the
appellant on its termination shall be exercisable by the court
below and not by the Court of Appeal; and
35
(b)
the court below shall be treated for the purposes of section 38(7)
of the Mental Health Act 1983 (absconding offenders) as the
court that made the order.
(6)
Where the Court of Appeal make a supervision order by virtue of this
section, any power of revoking or amending it shall be exercisable as if
40
the order had been made by the court below.
(7)
In this section—

“hospital order” has the meaning given in section 37 of the Mental
Health Act 1983;

“interim hospital order” has the meaning given in section 38 of
45
that Act;

“restriction order” has the meaning given to it by section 41 of that
Act;

Domestic Violence, Crime and Victims Bill [HL]
Part 2 — Criminal Justice
17


“supervision order” has the meaning given in Part 1 of Schedule
1A to the 1964 Act.”
(4)
Section 14A of the Criminal Appeal Act 1968 (c. 19) (power to order admission
to hospital where, on appeal against verdict of not guilty by reason of insanity,
Court of Appeal substitutes verdict of acquittal) is repealed.
5
(5)
Section 5 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
(c. 25) and Schedules 1 and 2 to that Act are repealed.
25
Appeal against order made on finding of insanity or unfitness to plead etc
After section 16 of the Criminal Appeal Act 1968 insert—
“Appeal against order made in cases of insanity or unfitness to plead
10
16A
Right of appeal against hospital order etc.
(1)
A person in whose case the Crown Court—
(a)
makes a hospital order or interim hospital order by virtue of
section 5 or 5A of the Criminal Procedure (Insanity) Act 1964, or
(b)
makes a supervision order under section 5 of that Act,
15

may appeal to the Court of Appeal against the order.
(2)
An appeal under this section lies only—
(a)
with the leave of the Court of Appeal; or
(b)
if the judge of the court of trial grants a certificate that the case
is fit for appeal.
20
16B
Disposal of appeal under s. 16A
(1)
If on an appeal under section 16A of this Act the Court of Appeal
consider that the appellant should be dealt with differently from the
way in which the court below dealt with him—
(a)
they may quash any order which is the subject of the appeal;
25
and
(b)
they may make such order, whether by substitution for the
original order or by variation of or addition to it, as they think
appropriate for the case and as the court below had power to
make.
30
(2)
The fact that an appeal is pending against an interim hospital order
under the Mental Health Act 1983 shall not affect the power of the court
below to renew or terminate the order or deal with the appellant on its
termination.
(3)
Where the Court of Appeal make an interim hospital order by virtue of
35
this section—
(a)
the power of renewing or terminating it and of dealing with the
appellant on its termination shall be exercisable by the court
below and not by the Court of Appeal; and
(b)
the court below shall be treated for the purposes of section 38(7)
40
of the said Act of 1983 (absconding offenders) as the court that
made the order.
(4)
The fact that an appeal is pending against a supervision order under
section 5 of the Criminal Procedure (Insanity) Act 1964 shall not affect

Domestic Violence, Crime and Victims Bill [HL]
Part 2 — Criminal Justice
18

the power of the court below to revoke the order, or of a magistrates’
court to revoke or amend it.
(5)
Where the Court of Appeal make a supervision order by virtue of this
section, the power of revoking or amending it shall be exercisable as if
the order had been made by the court below.”
5
26
Courts-martial etc
Schedule 3 (unfitness to stand trial and insanity: courts-martial etc) has effect.
Miscellaneous
27
Powers of authorised officers executing warrants
(1)
After section 125B of the Magistrates’ Courts Act 1980 (c. 43) insert—
10
“125BA Powers of persons authorised under section 125A or 125B
Schedule 4A to this Act, which confers powers on persons authorised
under section 125A or 125B for the purpose of executing warrants for
the enforcement of fines and other orders, shall have effect.”
(2)
After Schedule 4 to that Act insert the Schedule set out in Schedule 4 to this Act.
15
28
Disclosure orders for purpose of executing warrants
After section 125C of the Magistrates’ Courts Act 1980 insert—
“125CA
Power to make disclosure order
(1)
A magistrates’ court may make a disclosure order if satisfied that it is
necessary to do so for the purpose of executing a warrant to which this
20
section applies.
(2)
This section applies to a warrant of arrest, commitment, detention or
distress issued by a justice of the peace in connection with the
enforcement of a fine or other order imposed or made on conviction.
(3)
A disclosure order is an order requiring the person to whom it is
25
directed to supply the designated officer for the court with any of the
following information about the person to whom the warrant relates—
(a)
his name, date of birth or national insurance number;
(b)
his address (or any of his addresses).
(4)
A disclosure order may be made only on the application of a person
30
entitled to execute the warrant.
(5)
This section applies to the Crown as it applies to other persons.
125CB  Use of information supplied under disclosure order
(1)
Information supplied to a person under a disclosure order, or under
this subsection, may be supplied by him to—
35
(a)
the applicant for the order or any other person entitled to
execute the warrant concerned;

Domestic Violence, Crime and Victims Bill [HL]
Part 2 — Criminal Justice
19

(b)
any employee of a body or person who, for the purposes of
section 125B above, is an approved enforcement agency in
relation to the warrant;
(c)
any justices’ clerk or other person appointed under section 2(1)
of the Courts Act 2003.
5
(2)
A person who intentionally or recklessly—
(a)
discloses information supplied under a disclosure order
otherwise than as permitted by subsection (1) above, or
(b)
uses information so supplied otherwise than for the purpose of
facilitating the execution of the warrant concerned,
10

commits an offence.
(3)
But it is not an offence under subsection (2) above—
(a)
to disclose any information in accordance with any enactment
or order of a court or for the purposes of any proceedings before
a court; or
15
(b)
to disclose any information which has previously been lawfully
disclosed to the public.
(4)
A person guilty of an offence under subsection (2) above is liable—
(a)
on summary conviction, to a fine not exceeding the statutory
maximum;
20
(b)
on conviction on indictment, to a fine.
(5)
In this section “disclosure order” has the meaning given by section
125CA(3) above.”
29
Procedure on breach of community penalty etc
Schedule 5 (procedure on breach of community penalty etc) has effect.
25
30
Prosecution appeals
(1)
In section 58(13) of the Criminal Justice Act 2003 (which defines “applicable
time”), for “start of the judge’s” substitute “time when the judge starts his”.
(2)
After section 58(13) of that Act insert—
“(14)
The reference in subsection (13) to the time when the judge starts his
30
summing-up to the jury includes the time when the judge would start
his summing-up to the jury but for the making of an order under Part
7.”
31
Intermittent custody
Schedule 6 (intermittent custody) has effect.
35

Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
20

Part 3
Victims etc
Victims’ code
32
Code of practice for victims
(1)
The Secretary of State must issue a code of practice as to the services to be
5
provided to a victim of criminal conduct by persons appearing to him to have
functions relating to—
(a)
victims of criminal conduct, or
(b)
any aspect of the criminal justice system.
(2)
The code may restrict the application of its provisions to—
10
(a)
specified descriptions of victims;
(b)
victims of specified offences or descriptions of conduct;
(c)
specified persons or descriptions of persons appearing to the Secretary
of State to have functions of the kind mentioned in subsection (1).
(3)
The code may include provision requiring or permitting the services which are
15
to be provided to a victim to be provided to one or more others—
(a)
instead of the victim (for example where the victim has died);
(b)
as well as the victim.
(4)
The code may make different provision for different purposes, including
different provision for—
20
(a)
different descriptions of victims;
(b)
persons who have different functions or descriptions of functions;
(c)
different areas.
(5)
The code may not require anything to be done by—
(a)
a person acting in a judicial capacity;
25
(b)
a person acting in the discharge of a function of a member of the Crown
Prosecution Service which involves the exercise of a discretion.
(6)
In determining whether a person is a victim of criminal conduct for the
purposes of this section, it is immaterial that no person has been charged with
or convicted of an offence in respect of the conduct.
30
(7)
In this section—

“criminal conduct” means conduct constituting an offence;

“specified” means specified in the code.
33
Procedure
(1)
Subsections (2) to (7) apply in relation to a code of practice required to be issued
35
under section 32.
(2)
The Secretary of State must prepare a draft of the code.
(3)
In preparing the draft the Secretary of State must consult the Attorney General
and the Lord Chancellor.
(4)
After preparing the draft the Secretary of State must—
40

Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
21

(a)
publish the draft;
(b)
specify a period during which representations about the draft may be
made to him.
(5)
The Secretary of State must—
(a)
consider in consultation with the Attorney General and the Lord
5
Chancellor any representations made to him before the end of the
specified period about the draft;
(b)
if he thinks it appropriate, modify the draft in the light of any such
representations.
(6)
After the Secretary of State has proceeded under subsection (5) he must lay the
10
code before Parliament.
(7)
When he has laid the code before Parliament the Secretary of State must bring
it into operation on such day as he appoints by order.
(8)
The Secretary of State may from time to time revise a code previously brought
into operation under this section; and subsections (2) to (7) apply to a revised
15
code as they apply to the code as first prepared.
(9)
But the Secretary of State may revise a code under subsection (8) only if it
appears to him that the proposed revisions would not result in—
(a)
a significant reduction in the quality or extent of the services to be
provided under the code, or
20
(b)
a significant restriction in the description of persons to whom services
are to be provided under the code.
34
Effect of non-compliance
(1)
If a person fails to perform a duty imposed on him by a code issued under
section 32, the failure does not of itself make him liable to criminal or civil
25
proceedings.
(2)
But the code is admissible in evidence in criminal or civil proceedings and a
court may take into account a failure to comply with the code in determining a
question in the proceedings.
Representations and information: England and Wales
30
35
Victims of persons sentenced to imprisonment or detention
(1)
This section applies if—
(a)
a court convicts a person (“the offender”) of a sexual or violent offence,
and
(b)
a relevant sentence is imposed on him in respect of the offence.
35
(2)
But section 37 applies (instead of this section) if a hospital direction and a
limitation direction are given in relation to the offender.
(3)
The local probation board for the area in which the sentence is imposed 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
40
wishes—
(a)
to make representations about the matters specified in subsection (4);