Domestic Violence, Crime and Victims Bill [HL]

House of Commons

Session 2003 - 04
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Domestic Violence, Crime and Victims Bill [HL]

38
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.
20
(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
25
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.
35

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
25
(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.”
35
(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”.
40
(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
40


(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—
25
(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).”
30
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
35
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.
25
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
35
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
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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
25
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
25
(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
35
(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.
35
      (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
45