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 3 — Victims etc
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“restriction direction” has the meaning given in Article 55(2) of the
Mental Health (Northern Ireland) Order 1986;

“transfer direction” has the meaning given in Article 53(2) of that
Order.
(6)
In section 69A(3)—
5

“hospital order” has the meaning given in Article 44(1) of the
Mental Health (Northern Ireland) Order 1986;

“restriction order” has the meaning given in Article 47(1) of that
Order;

“sentence of imprisonment” has the meaning given in Article 53(5)
10
of that Order.
(7)
In sections 69A and 69B “leave of absence” means leave of absence
under Article 15 of the Mental Health (Northern Ireland) Order 1986.”.
Parliamentary Commissioner
41
Investigations by Parliamentary Commissioner
15
Schedule 7 (which amends the Parliamentary Commissioner Act 1967 (c. 13))
has effect.
Commissioner for Victims and Witnesses
42
Commissioner for Victims and Witnesses
(1)
The Secretary of State must appoint a Commissioner for Victims and Witnesses
20
(referred to in this Part as the Commissioner).
(2)
Before appointing the Commissioner the Secretary of State must consult the
Attorney General and the Lord Chancellor as to the person to be appointed.
(3)
The Commissioner is a corporation sole.
(4)
The Commissioner is not to be regarded—
25
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
(5)
The Commissioner’s property is not to be regarded as property of, or held on
behalf of, the Crown.
(6)
Schedule 8 (which make further provision in connection with the
30
Commissioner) has effect.
43
General functions of Commissioner
(1)
The Commissioner must—
(a)
promote the interests of victims and witnesses;
(b)
take such steps as he considers appropriate with a view to encouraging
35
good practice in the treatment of victims and witnesses;
(c)
keep under review the operation of the code of practice issued under
section 32.

Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
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(2)
The Commissioner may, for any purpose connected with the performance of
his duties under subsection (1)—
(a)
make proposals to the Secretary of State for amending the code (at the
request of the Secretary of State or on his own initiative);
(b)
make a report to the Secretary of State;
5
(c)
make recommendations to an authority within his remit;
(d)
undertake or arrange for or support (financially or otherwise) the
carrying out of research;
(e)
consult any person he thinks appropriate.
(3)
If the Commissioner makes a report to the Secretary of State under subsection
10
(2)(b)—
(a)
the Commissioner must send a copy of the report to the Attorney
General and the Lord Chancellor;
(b)
the Secretary of State must lay a copy of the report before Parliament
and arrange for the report to be published.
15
44
Advice
(1)
If he is required to do so by a Minister of the Crown, the Commissioner must
give advice to the Minister of the Crown in connection with any matter
which—
(a)
is specified by the Minister, and
20
(b)
relates to victims or witnesses.
(2)
If he is required to do so by or on behalf of an authority within his remit, the
Commissioner must give advice to the authority in connection with the
information provided or to be provided by or on behalf of the authority to
victims or witnesses.
25
(3)
In this section “Minister of the Crown” includes the Treasury.
45
Restrictions on exercise of functions
The Commissioner must not exercise any of his functions in relation to—
(a)
a particular victim or witness;
(b)
the bringing or conduct of particular criminal proceedings;
30
(c)
anything done or omitted to be done by a person acting in a judicial
capacity or on the instructions of or on behalf of such a person.
46
“Victims” and “witnesses”
(1)
This section applies for the purposes of sections 42 to 45.
(2)
“Victim” means a victim of an offence.
35
(3)
It is immaterial for the purposes of subsection (2) that—
(a)
no complaint has been made about the offence;
(b)
no person has been charged with or convicted of the offence.
(4)
“Witness” means a person (other than a defendant)—
(a)
who has witnessed conduct in relation to which he may be or has been
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called to give evidence in criminal proceedings;

Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
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(b)
who is able to provide or has provided anything which might be used
or has been used as evidence in criminal proceedings; or
(c)
who is able to provide or has provided anything mentioned in
subsection (5) (whether or not admissible in evidence in criminal
proceedings).
5
(5)
The things referred to in subsection (4)(c) are—
(a)
anything which might tend to confirm, has tended to confirm or might
have tended to confirm evidence which may be, has been or could have
been admitted in criminal proceedings;
(b)
anything which might be, has been or might have been referred to in
10
evidence given in criminal proceedings by another person;
(c)
anything which might be, has been or might have been used as the basis
for any cross examination in the course of criminal proceedings.
(6)
For the purposes of subsection (4) a person is a defendant in relation to any
criminal proceedings if he might be, has been or might have been charged with
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or convicted of an offence in the proceedings.
47
Authorities within Commissioner’s remit
(1)
For the purposes of this Part the authorities within the Commissioner’s remit
are those specified in Schedule 9.
(2)
An authority specified in Schedule 9 that has functions in relation to an area
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outside England and Wales is within the Commissioner’s remit only to the
extent that it discharges its functions in relation to England and Wales.
(3)
Subsection (2) does not apply in relation to the Foreign and Commonwealth
Office.
(4)
The Secretary of State may by order amend Schedule 9 by—
25
(a)
adding an authority appearing to him to exercise functions of a public
nature;
(b)
omitting an authority;
(c)
changing the description of an authority.
(5)
In preparing a draft of an order under subsection (4) the Secretary of State must
30
consult the Attorney General and the Lord Chancellor.
Disclosure of information
48
Disclosure of information
(1)
A person may disclose information to a relevant authority for a purpose
specified in subsection (2).
35
(2)
The purposes are purposes connected with any of these—
(a)
compliance with the code issued under section 32;
(b)
compliance with sections 35 to 38;
(c)
the carrying out of the functions of the Commissioner.
(3)
These are relevant authorities—
40
(a)
a person required to do anything under the code issued under section
32;

Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
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(b)
a local probation board established under section 4 of the Criminal
Justice and Court Services Act 2000;
(c)
the Commissioner;
(d)
an authority within the Commissioner’s remit.
(4)
The Secretary of State may by order—
5
(a)
amend subsection (2) by adding any purpose appearing to him to be
connected with the assistance of victims, witnesses or other persons
affected by offences;
(b)
amend subsection (3) by adding any authority appearing to him to
exercise functions of a public nature.
10
(5)
The reference in subsection (4)(a) to persons affected by offences does not
include persons accused or convicted of offences.
(6)
The Secretary of State may exercise the power in subsection (4) only after
consulting the Attorney General and the Lord Chancellor.
(7)
Nothing in this section authorises the making of a disclosure which
15
contravenes the Data Protection Act 1998 (c. 29).
(8)
This section does not affect a power to disclose which exists apart from this
section.
Victims’ Advisory Panel
49
Victims’ Advisory Panel
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(1)
The Secretary of State must appoint persons to form a panel, to be known as
the Victims’ Advisory Panel.
(2)
The Secretary of State must consult the Attorney General and the Lord
Chancellor before—
(a)
appointing a person to the Panel, or
25
(b)
removing a person from the Panel.
(3)
The Secretary of State must consult the Panel at such times and in such manner
as he thinks appropriate on matters appearing to him to relate to victims of
offences or witnesses of offences.
(4)
The Secretary of State may reimburse the members of the Panel for such of their
30
travelling and other expenses as he thinks appropriate.
(5)
If the Secretary of State consults the Panel under subsection (3) in a particular
year, he must arrange for the Panel to prepare a report for the year—
(a)
summarising what the Panel has done in response to the consultation,
and
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(b)
dealing with such other matters as the Panel consider appropriate.
(6)
If a report is prepared under subsection (5), the Secretary of State must—
(a)
arrange for it to be published, and
(b)
lay it before Parliament.
(7)
The non-statutory Victims’ Advisory Panel is to be treated as having been
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established in accordance with this section.

Domestic Violence, Crime and Victims Bill [HL]
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(8)
If the Secretary of State consults the non-statutory Victims’ Advisory Panel on
a matter mentioned in subsection (3) before the date on which this section
comes into force, the consultation is to be treated as taking place under
subsection (3).
(9)
The non-statutory Victims’ Advisory Panel is the unincorporated body of
5
persons known as the Victims’ Advisory Panel established by the Secretary of
State before the date on which this section comes into force.
(10)
In this section “year” means a period of 12 months beginning on 1 April.
Grants
50
Grants for assisting victims, witnesses etc
10
(1)
The Secretary of State may pay such grants to such persons as he considers
appropriate in connection with measures which appear to him to be intended
to assist victims, witnesses or other persons affected by offences.
(2)
The Secretary of State may make a grant under this section subject to such
conditions as he considers appropriate.
15
Criminal injuries compensation
51
Recovery of criminal injuries compensation from offenders
(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
20
(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
25
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—
30
(a)
claims officers;
(b)
if a Scheme manager has been appointed, persons appointed by
the Scheme manager under section 3(4)(a).
(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
35
been repaid in accordance with the Scheme.