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Domestic Violence, Crime and Victims Bill [HL]


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Domestic Violence, Crime and Victims Bill [HL]
Schedule 1 — Modification of sections 17 to 20 for Northern Ireland

 

Schedules

Schedule 1

Section 21

 

Modification of sections 17 to 20 for Northern Ireland

1          

For section 18 substitute—

18 Procedure for applications under section 17

5

(1)   

An application under section 17 must be determined—

(a)   

at a preparatory hearing (within the meaning of the 1988

Order), or

(b)   

at a hearing specified in, or for which provision is made by,

Crown Court rules.

10

(2)   

The parties to a hearing mentioned in subsection (1) at which an

application under section 17 is to be determined must be given an

opportunity to make representations with respect to the application.

(3)   

Article 6(1) of the 1988 Order (which sets out the purposes of

preparatory hearings) is to have effect as if the purposes there

15

mentioned included the purpose of determining an application

under section 17.

(4)   

Article 8(11) of the 1988 Order (appeal to Court of Appeal) is to have

effect as if it also provided for an appeal to the Court of Appeal to lie

from the determination by a judge of an application under section 17.

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(5)   

In this section “the 1988 Order” means the Criminal Justice (Serious

Fraud) (Northern Ireland) Order 1988.

18A Appeals in respect of hearings under section 18(1)(b)

(1)   

An appeal shall lie to the Court of Appeal from the refusal by a judge

at a hearing mentioned in section 18(1)(b) of an application under

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section 17 or from an order of a judge at such a hearing under section

17(2) which is made on the determination of such an application.

(2)   

Such an appeal may be brought only with the leave of the judge or

the Court of Appeal.

(3)   

An order or a refusal of an application from which an appeal under

30

this section lies is not to take effect—

(a)   

before the expiration of the period for bringing an appeal

under this section, or

(b)   

if such an appeal is brought, before the appeal is finally

disposed of or abandoned.

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Domestic Violence, Crime and Victims Bill [HL]
Schedule 1 — Modification of sections 17 to 20 for Northern Ireland

39

 

(4)   

On the termination of the hearing of an appeal under this section, the

Court of Appeal may—

(a)   

where the appeal is from an order, confirm or revoke the

order, or

(b)   

where the appeal is from a refusal of an application, confirm

5

the refusal or make the order which is the subject of the

application.

(5)   

In section 31(1) of the Criminal Appeal (Northern Ireland) Act 1980

(c. 47) (right of appeal to House of Lords) for “Act or” substitute “Act,

section 18A of the Domestic Violence, Crime and Victims Act 2004,”.

10

(6)   

In section 35 of that Act (bail) after “appeal under” insert “section

18A of the Domestic Violence, Crime and Victims Act 2004,”.

(7)   

The Secretary of State may make an order containing provision, in

relation to proceedings before the Court of Appeal under this

section, which corresponds to any provision, in relation to appeals or

15

other proceedings before that court, which is contained in the

Criminal Appeal (Northern Ireland) Act 1980 (subject to any

specified modifications).

(8)   

A statutory instrument containing an order under subsection (7) is

subject to annulment in pursuance of a resolution of either House of

20

Parliament.

18B Reporting restrictions

(1)   

Sections 41 and 42 of the Criminal Procedure and Investigations Act

1996 (c. 25) are to apply in relation to—

(a)   

a hearing of the kind mentioned in section 18(1)(b), and

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(b)   

any appeal or application for leave to appeal relating to such

a hearing,

as they apply in relation to a ruling under section 40 of that Act, but

subject to the following modifications.

(2)   

Section 41(2) of that Act is to have effect as if for paragraphs (a) to (d)

30

there were substituted—

“(a)    

a hearing of the kind mentioned in section 18(1)(b) of the

Domestic Violence, Crime and Victims Act 2004;” 

(b)    

any appeal or application for leave to appeal relating to

such a hearing.” 

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(3)   

Section 41(3) of that Act is to have effect as if—

(a)   

for “(2)” there were substituted “(2)(a) or an application to

that judge for leave to appeal to the Court of Appeal”, and

(b)   

after “matter”, in the second place where it occurs, there were

inserted “or application”.

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(4)   

Section 41 of that Act is to have effect as if after subsection (3) there

were inserted—

   

           “(3A)      The Court of Appeal may order that subsection (1) shall not      

                                              apply, or shall not apply to a specified extent, to a report of—

   

                                            (a)      an appeal to that Court, or

45

   

                 (b)        an application to that Court for leave to appeal.

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 2 — Supervision orders on finding of insanity or unfitness to plead etc

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              (3B)     The House of Lords may order that subsection (1) shall not        

                                              apply, or shall not apply to a specified extent, to a report of—

   

                  (a)       an appeal to that House, or

   

                (b)     an application to that House for leave to appeal.”

(5)   

Section 41(4) of that Act is to have effect as if for “(3) the judge” there

5

were substituted “(3), (3A) or (3B), the judge, the Court of Appeal or

the House of Lords”.

(6)   

Section 41(5) of that Act is to have effect as if for “(3) the judge” there

were substituted “(3), (3A) or (3B), the judge, the Court of Appeal or

the House of Lords”.”

10

2          

In section 19(3) after “enactment” insert “(including any provision of

Northern Ireland legislation)”.

3          

In section 19(4)(b) for the words from “section” to “etc)” substitute “section

16(1) of the Criminal Appeal (Northern Ireland) Act 1980 (notice of appeal

or application for leave)”.

15

4          

In section 19(5) for “section 18(2) of the Criminal Appeal Act 1968” substitute

“section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980”.

5          

For section 19(7) substitute—

“(7)   

Nothing in this section or section 17, 18, 18A, 18B or 20 affects the

requirement under Article 49A of the Mental Health (Northern

20

Ireland) Order 1986 that any question, finding or verdict mentioned

in that Article be determined, made or returned by a jury.”

6          

For section 20(2) substitute—

“(2)   

Without limiting subsection (1), rules of court may in particular

make provision—

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(a)   

for time limits within which applications under section 17

must be made or within which other things in connection

with that section or sections 18 to 19 must be done;

(b)   

in relation to hearings of the kind mentioned in section

18(1)(b).”

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7          

In section 20(3)—

(a)   

after “section” insert “or section 18(1)(b)”;

(b)   

after “enactment” insert “(including any provision of Northern

Ireland legislation)”.

Schedule 2

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Section 24

 

Supervision orders on finding of insanity or unfitness to plead etc

           

The following is the Schedule inserted before Schedule 2 to the Criminal

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 2 — Supervision orders on finding of insanity or unfitness to plead etc

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Procedure (Insanity) Act 1964 (c. 84)—

“Schedule 1A

Section 5A

 

Supervision orders

Part 1

Preliminary

5

1     (1)  

In this Schedule “supervision order” means an order which

requires the person in respect of whom it is made (“the supervised

person”) to be under the supervision of a social worker or an

officer of a local probation board (“the supervising officer”) for a

period specified in the order of not more than two years.

10

      (2)  

A supervision order may, in accordance with paragraph 4 or 5

below, require the supervised person to submit, during the whole

of that period or such part of it as may be specified in the order, to

treatment by or under the direction of a registered medical

practitioner.

15

      (3)  

The Secretary of State may by order direct that sub-paragraph (1)

above shall be amended by substituting, for the period for the time

being specified there, such period as may be specified in the order.

      (4)  

An order under sub-paragraph (3) above may make in paragraph

11(2) below any amendment which the Secretary of State thinks

20

necessary in consequence of any substitution made by the order.

      (5)  

The power of the Secretary of State to make orders under sub-

paragraph (3) above shall be exercisable by statutory instrument

which shall be subject to annulment in pursuance of a resolution

of either House of Parliament.

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Part 2

Making and effect of orders

Circumstances in which orders may be made

2     (1)  

The court shall not make a supervision order unless it is satisfied

that, having regard to all the circumstances of the case, the making

30

of such an order is the most suitable means of dealing with the

accused or appellant.

      (2)  

The court shall not make a supervision order unless it is also

satisfied—

(a)   

that the supervising officer intended to be specified in the

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order is willing to undertake the supervision; and

(b)   

that arrangements have been made for the treatment

intended to be specified in the order.

Making of orders and general requirements

3     (1)  

A supervision order shall either—

40

(a)   

specify the local social services authority area in which the

supervised person resides or will reside, and require him

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 2 — Supervision orders on finding of insanity or unfitness to plead etc

42

 

to be under the supervision of a social worker of the local

social services authority for that area; or

(b)   

specify the local justice area in which that person resides or

will reside, and require him to be under the supervision of

an officer of a local probation board appointed for or

5

assigned to that area.

      (2)  

Before making such an order, the court shall explain to the

supervised person in ordinary language—

(a)   

the effect of the order (including any requirements

proposed to be included in the order in accordance with

10

paragraph 4, 5 or 8 below); and

(b)   

that a magistrates’ court has power under paragraphs 9 to

11 below to review the order on the application either of

the supervised person or of the supervising officer.

      (3)  

After making such an order, the court shall forthwith give copies

15

of the order to an officer of a local probation board assigned to the

court, and he shall give a copy—

(a)   

to the supervised person; and

(b)   

to the supervising officer.

      (4)  

After making such an order, the court shall also send to the

20

designated officer for the local justice area in which the supervised

person resides or will reside (“the local justice area concerned”)—

(a)   

a copy of the order; and

(b)   

such documents and information relating to the case as it

considers likely to be of assistance to a court acting for that

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area in the exercise of its functions in relation to the order.

      (5)  

Where such an order is made, the supervised person shall keep in

touch with the supervising officer in accordance with such

instructions as he may from time to time be given by that officer

and shall notify him of any change of address.

30

Requirements as to medical treatment

4     (1)  

A supervision order may, if the court is satisfied as mentioned in

sub-paragraph (2) below, include a requirement that the

supervised person shall submit, during the whole of the period

specified in the order or during such part of that period as may be

35

so specified, to treatment by or under the direction of a registered

medical practitioner with a view to the improvement of his mental

condition.

      (2)  

The court may impose such a requirement only if satisfied on the

written or oral evidence of two or more registered medical

40

practitioners, at least one or whom is duly registered, that the

mental condition of the supervised person—

(a)   

is such as requires and may be susceptible to treatment;

but

(b)   

is not such as to warrant the making of a hospital order

45

within the meaning of the Mental Health Act 1983.

      (3)  

The treatment required under this paragraph by any such order

shall be such one of the following kinds of treatment as may be

specified in the order, that is to say—

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 2 — Supervision orders on finding of insanity or unfitness to plead etc

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(a)   

treatment as a non-resident patient at such institution or

place as may be specified in the order; and

(b)   

treatment by or under the direction of such registered

medical practitioner as may be so specified;

           

but the nature of the treatment shall not be specified in the order

5

except as mentioned in paragraph (a) or (b) above.

5     (1)  

This paragraph applies where the court is satisfied on the written

or oral evidence of two or more registered medical practitioners

that—

(a)   

because of his medical condition, other than his mental

10

condition, the supervised person is likely to pose a risk to

himself or others; and

(b)   

the condition may be susceptible to treatment.

      (2)  

The supervision order may (whether or not it includes a

requirement under paragraph 4 above) include a requirement that

15

the supervised person shall submit, during the whole of the period

specified in the order or during such part of that period as may be

so specified, to treatment by or under the direction of a registered

medical practitioner with a view to the improvement of the

condition.

20

      (3)  

The treatment required under this paragraph by any such order

shall be such one of the following kinds of treatment as may be

specified in the order, that is to say—

(a)   

treatment as a non-resident patient at such institution or

place as may be specified in the order; and

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(b)   

treatment by or under the direction of such registered

medical practitioner as may be so specified;

           

but the nature of the treatment shall not be specified in the order

except as mentioned in paragraph (a) or (b) above.

6     (1)  

Where the medical practitioner by whom or under whose

30

direction the supervised person is being treated in pursuance of a

requirement under paragraph 4 or 5 above is of the opinion that

part of the treatment can be better or more conveniently given in

or at an institution or place which—

(a)   

is not specified in the order, and

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(b)   

is one in or at which the treatment of the supervised person

will be given by or under the direction of a registered

medical practitioner,

           

he may, with the consent of the supervised person, make

arrangements for him to be treated accordingly.

40

      (2)  

Such arrangements may provide for the supervised person to

receive part of his treatment as a resident patient in an institution

or place of any description.

      (3)  

Where any such arrangements are made for the treatment of a

supervised person—

45

(a)   

the medical practitioner by whom the arrangements are

made shall give notice in writing to the supervising officer,

specifying the institution or place in or at which the

treatment is to be carried out; and

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 2 — Supervision orders on finding of insanity or unfitness to plead etc

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(b)   

the treatment provided for by the arrangements shall be

deemed to be treatment to which he is required to submit

in pursuance of the supervision order.

7          

While the supervised person is under treatment as a resident

patient in pursuance of arrangements under paragraph 6 above,

5

the supervising officer shall carry out the supervision to such

extent only as may be necessary for the purpose of the revocation

or amendment of the order.

Requirements as to residence

8     (1)  

Subject to sub-paragraph (2) below, a supervision order may

10

include requirements as to the residence of the supervised person.

      (2)  

Before making such an order containing any such requirement,

the court shall consider the home surroundings of the supervised

person.

Part 3

15

Revocation and amendment of orders

Revocation of order

9     (1)  

Where a supervision order is in force in respect of any person and,

on the application of the supervised person or the supervising

officer, it appears to a magistrates’ court acting for the local justice

20

area concerned that, having regard to circumstances which have

arisen since the order was made, it would be in the interests of the

health or welfare of the supervised person that the order should be

revoked, the court may revoke the order.

      (2)  

The court by which a supervision order was made may of its own

25

motion revoke the order if, having regard to circumstances which

have arisen since the order was made, it considers that it would be

inappropriate for the order to continue.

Amendment of order by reason of change of residence

10    (1)  

This paragraph applies where, at any time while a supervision

30

order is in force in respect of any person, a magistrates’ court

acting for the local justice area concerned is satisfied that the

supervised person proposes to change, or has changed, his

residence from the area specified in the order to another local

social services authority area or local justice area.

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      (2)  

Subject to sub-paragraph (3) below, the court may, and on the

application of the supervising officer shall, amend the supervision

order by substituting the other area for the area specified in the

order.

      (3)  

The court shall not amend under this paragraph a supervision

40

order which contains requirements which, in the opinion of the

court, cannot be complied with unless the supervised person

continues to reside in the area specified in the order unless, in

accordance with paragraph 11 below, it either—

(a)   

cancels those requirements; or

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