Domestic Violence, Crime and Victims Bill [HL]

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Domestic Violence, Crime and Victims Bill [HL]

Domestic Violence, Crime and Victims Bill [HL]
Schedule 3 — Unfitness to stand trial and insanity: courts-martial etc
59

(4)
The provisions of, or made under, the sections specified below shall
apply (with any necessary modifications) in relation to the Appeal
Court as they apply in relation to a court-martial.

The sections are—
(c)
where the relevant Service Act is the Army Act, sections 116B
5
to 116D of that Act;
(d)
where the relevant Service Act is the Air Force Act, sections
116B to 116D of that Act;
(e)
where the relevant Service Act is the Naval Discipline Act,
sections 63B to 63D of that Act.
10
(5)
Where the Appeal Court 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 a
judicial officer and not by the Appeal Court; and
15
(b)
section 38(7) of the Mental Health Act 1983 (absconding
offenders) shall have effect as if the reference to the court that
made the order were a reference to a judicial officer.
(6)
Where the Appeal Court make a supervision order by virtue of this
section, any power of revoking or amending it shall be exercisable by
20
a judicial officer and not by the Appeal Court.”
11    (1)
Section 24 (appeal against finding of unfitness to stand trial) is amended as
follows.
      (2)
In subsection (1)—
(a)
for “his trial” substitute “trial and to have done the act or made the
25
omission charged against him”;
(b)
for “the finding” substitute “either or both of those findings”.
      (3)
In subsection (2), after “except” insert “section 8(2) and”.
12
For section 25 substitute—
“25
Disposal of appeal under s. 24
30
(1)
This section applies to appeals under section 24 of this Act.
(2)
Where the Appeal Court allow an appeal against a finding that the
appellant is unfit to stand trial—
(a)
the appellant may be tried accordingly for the offence with
which he was charged; and
35
(b)
the Court may make such orders as appear to them necessary
or expedient pending any such trial for the custody, release
or continued detention of the appellant.
(3)
Where, otherwise than in a case falling within subsection (2) above,
the Appeal Court allow an appeal against a finding that the appellant
40
did the act or made the omission charged against him, the Court
shall, in addition to quashing the finding, direct a finding of not
guilty to be recorded (but not a finding of not guilty by reason of
insanity).”

Domestic Violence, Crime and Victims Bill [HL]
Schedule 3 — Unfitness to stand trial and insanity: courts-martial etc
60

13
After that section insert—
“Appeal against order made in cases of insanity or unfitness to stand trial
25A
Right of appeal against hospital order etc.
(1)
A person in whose case a court-martial—
(a)
makes a hospital order or interim hospital order by virtue of
5
the relevant Service Act, or
(b)
makes a supervision order under the relevant Service Act,

may appeal to the Appeal Court against the order.
(2)
An appeal under this section lies only with the leave of the Appeal
Court.
10
25B
Disposal of appeal under s. 25A
(1)
If on an appeal under section 25A of this Act the Appeal Court
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;
15
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.
20
(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 Appeal Court make an interim hospital order by virtue of
25
this section—
(a)
the power of renewing or terminating it and of dealing with
the appellant on its termination shall be exercisable by a
judicial officer and not by the Appeal Court; and
(b)
section 38(7) of the said Act of 1983 (absconding offenders)
30
shall have effect as if the reference to the court that made the
order were a reference to a judicial officer.
(4)
The fact that an appeal is pending against a supervision order under
the relevant Service Act shall not affect any power conferred on any
other court to revoke or amend the order.
35
(5)
Where the Appeal Court make a supervision order by virtue of this
section, any power of revoking or amending it shall be exercisable by
a judicial officer and not by the Appeal Court.”
14    (1)
Section 57 (interpretation) is amended as follows.
      (2)
In subsection (1) insert at the relevant places—
40
““duly approved” means approved for the purposes of section 12 of
the Mental Health Act 1983 by the Secretary of State as having
special experience in the diagnosis and treatment of mental
disorder (within the meaning of that Act);”;
““hospital order” has the meaning given in section 37 of the Mental
45
Health Act 1983;”;

Domestic Violence, Crime and Victims Bill [HL]
Schedule 3 — Unfitness to stand trial and insanity: courts-martial etc
61

““interim hospital order” has the meaning given in section 38 of that
Act;”;
““judicial officer” has the same meaning as in the relevant Service
Act;”;
““restriction order” has the meaning given to it by section 41 of the
5
Mental Health Act 1983;”;
““supervision order” means an order which requires the person in
respect of whom it is made to be under the supervision of another
person for a period specified in the order of not more than two
years.”
10
      (3)
After subsection (2) insert—
“(2A)
For the purposes of the provisions of sections 16 and 23 of this Act
which permit the Appeal Court to act on the written evidence of a
registered medical practitioner or a registered medical practitioner
who is duly approved, a report in writing purporting to be signed by
15
a registered medical practitioner or a registered medical practitioner
who is duly approved may, subject to subsection (2B) below, be
received in evidence without proof of the signature of the
practitioner and without proof that he has the requisite qualifications
or is duly approved; but the Appeal Court may require the signatory
20
of any such report to be called to give oral evidence.
(2B)
Where, in pursuance of a direction of the Appeal Court, any such
report is tendered in evidence otherwise than by or on behalf of the
appellant, then—
(a)
if the appellant is represented by counsel or a solicitor, a copy
25
of the report shall be given to his counsel or solicitor;
(b)
if the appellant is not so represented, the substance of the
report shall be disclosed to him; and
(c)
the appellant may require the signatory of the report to be
called to give oral evidence, and evidence to rebut the
30
evidence contained in the report may be called by the
appellant or on his behalf.”
15    (1)
Schedule 3 (modifications in relation to prisoners of war) is amended as
follows.
      (2)
In paragraph 3—
35
(a)
in paragraph (a), for “or 15” substitute “, 14A, 15 or 25A”;
(b)
omit paragraph (b).
      (3)
After paragraph 3 insert—
“3A
In relation to a protected prisoner of war, sections 16 and 23 of this
Act shall each have effect as if the following subsection were
40
substituted for subsection (4)—
“(4)
The provisions of a Royal Warrant shall apply (with any necessary
modifications) in relation to the Appeal Court as they apply in
relation to a court-martial.”

Domestic Violence, Crime and Victims Bill [HL]
Schedule 4 — Powers of authorised officers executing warrants
62

Schedule 4
Section 27

Powers of authorised officers executing warrants

The following is the Schedule inserted after Schedule 4 to the Magistrates’
Courts Act 1980 (c. 43)—
“Schedule 4A
5
Section 125BA

Powers of authorised officers executing warrants
Meaning of “authorised officer” etc
1
In this Schedule—

“authorised officer”, in relation to a warrant, means a person
who is entitled to execute the warrant by virtue of—
10
(a)
section 125A of this Act (civilian enforcement
officers); or
(b)
section 125B of this Act (approved enforcement
agencies);

“premises” includes any place and, in particular, includes—
15
(a)
any vehicle, vessel, aircraft or hovercraft;
(b)
any offshore installation within the meaning of the
Mineral Workings (Offshore Installations) Act
1971; and
(c)
any tent or movable structure.
20
Entry to execute warrant of arrest etc
2     (1)
An authorised officer may enter and search any premises for the
purpose of executing a warrant of arrest, commitment or
detention issued in connection with the enforcement of a fine or
other order imposed or made on conviction.
25
      (2)
The power may be exercised—
(a)
only to the extent that it is reasonably required for that
purpose; and
(b)
only if the officer has reasonable grounds for believing that
the person whom he is seeking is on the premises.
30
      (3)
In relation to premises consisting of two or more separate
dwellings, the power is limited to entering and searching—
(a)
any parts of the premises which the occupiers of any
dwelling comprised in the premises use in common with
the occupiers of any other such dwelling; and
35
(b)
any such dwelling in which the officer has reasonable
grounds for believing that the person whom he is seeking
may be.
Entry to levy distress
3     (1)
An authorised officer may enter and search any premises for the
40
purpose of executing a warrant of distress issued under section 76
of this Act for default in paying a sum adjudged to be paid by a
conviction.

Domestic Violence, Crime and Victims Bill [HL]
Schedule 5 — Procedure on breach of community penalty etc
63

      (2)
The power may be exercised only to the extent that it is reasonably
required for that purpose.
Searching arrested persons
4     (1)
This paragraph applies where a person is arrested in pursuance of
a warrant of arrest, commitment or detention issued in connection
5
with the enforcement of a fine or other order imposed or made on
conviction.
      (2)
An authorised officer may search the arrested person, if he has
reasonable grounds for believing that the arrested person may
present a danger to himself or others.
10
      (3)
An authorised officer may also search the arrested person for
anything which he might use to assist him to escape from lawful
custody.
      (4)
The power conferred by sub-paragraph (3) above may be
exercised—
15
(a)
only if the officer has reasonable grounds for believing that
the arrested person may have concealed on him anything
of a kind mentioned in that sub-paragraph; and
(b)
only to the extent that it is reasonably required for the
purpose of discovering any such thing.
20
      (5)
The powers conferred by this paragraph to search a person are not
to be read as authorising the officer to require a person to remove
any of his clothing in public other than an outer coat, a jacket or
gloves; but they do authorise the search of a person’s mouth.
      (6)
An officer searching a person under sub-paragraph (2) above may
25
seize and retain anything he finds, if the officer has reasonable
grounds for believing that the person searched might use it to
cause physical injury to himself or to any other person.
      (7)
An officer searching a person under sub-paragraph (3) above may
seize and retain anything he finds, if he has reasonable grounds
30
for believing that the person might use it to assist him to escape
from lawful custody.
Use of force
5
An authorised officer may use reasonable force, if necessary, in the
exercise of a power conferred on him by this Schedule.”
35
Schedule 5
Section 29

Procedure on breach of community penalty etc
Interpretation
1
In this Schedule—

“the Sentencing Act” means the Powers of Criminal Courts
40
(Sentencing) Act 2000 (c. 6);

“the 2003 Act” means the Criminal Justice Act 2003 (c. 44).

Domestic Violence, Crime and Victims Bill [HL]
Schedule 5 — Procedure on breach of community penalty etc
64

Detention and training orders
2     (1)
Section 104 of the Sentencing Act (breach of supervision requirements of
detention and training order) is amended as follows.
      (2)
In subsection (1) (issue of summons or warrant by justice of the peace)—
(a)
omit the words “acting for a relevant petty sessions area”;
5
(b)
in paragraph (a), omit the words “before a youth court acting for the
area”;
(c)
in paragraph (b), omit the words “requiring him to be brought before
such a court”.
      (3)
For subsection (2) substitute—
10
“(2)
Any summons or warrant issued under this section shall direct the
offender to appear or be brought—
(a)
before a youth court acting for the petty sessions area in
which the offender resides; or
(b)
if it is not known where the offender resides, before a youth
15
court acting for same petty sessions area as the justice who
issued the summons or warrant.”
Suspended sentence supervision orders
3     (1)
Section 123 of the Sentencing Act (breach of requirement of suspended
sentence supervision order) is amended as follows.
20
      (2)
In subsection (1) (issue of summons or warrant by justice of the peace) omit
the words “acting for the petty sessions area for the time being specified in
the order”.
      (3)
For subsection (2) substitute—
“(2)
Any summons or warrant issued under this section shall direct the
25
offender to appear or be brought—
(a)
before a magistrates’ court for the petty sessions area in
which the offender resides; or
(b)
if it is not known where the offender resides, before a
magistrates’ court acting for the petty sessions area for the
30
time being specified in the suspended sentence supervision
order.”
      (4)
After subsection (4) insert—
“(5)
Where a magistrates’ court dealing with an offender under this
section would not otherwise have the power to amend the
35
suspended sentence supervision order under section 124(3) below
(amendment by reason of change of residence), that provision has
effect as if the reference to a magistrates’ court acting for the petty
sessions area for the time being specified in the suspended sentence
supervision order were a reference to the court dealing with the
40
offender.”
Community orders under the Sentencing Act
4     (1)
Schedule 3 to the Sentencing Act (breach, revocation and amendment of
certain community orders), as it has effect on the day on which this Act is
passed, is amended as follows.
45

Domestic Violence, Crime and Victims Bill [HL]
Schedule 5 — Procedure on breach of community penalty etc
65

      (2)
In paragraph 3(1) (issue of summons or warrant by justice of the peace) omit
the words “acting for the petty sessions area concerned”.
      (3)
In paragraph 3(2) (court before which offender to appear or be brought), for
paragraph (c) substitute—
“(c)
in the case of a relevant order which is not an order to
5
which paragraph (a) or (b) applies, before a magistrates’
court acting for the petty sessions area in which the
offender resides or, if it is not known where he resides,
before a magistrates’ court acting for the petty sessions
area concerned.”
10
      (4)
In paragraph 4 (powers of magistrates’ court to deal with breach), after sub-
paragraph (3) insert—
“(3A)
Where a magistrates’ court dealing with an offender under sub-
paragraph (1)(a), (b) or (c) above would not otherwise have the
power to amend the relevant order under paragraph 18 below
15
(amendment by reason of change of residence), that paragraph has
effect as if the reference to a magistrates’ court acting for the petty
sessions area concerned were a reference to the court dealing with
the offender.”
Curfew orders and exclusion orders
20
5     (1)
Schedule 3 to the Sentencing Act (breach, revocation and amendment of
curfew orders and exclusion orders), as substituted by paragraph 125 of
Schedule 32 to the 2003 Act, is amended as follows.
      (2)
In paragraph 3(1) (issue of summons or warrant by justice of the peace) omit
the words “acting for the petty sessions area concerned”.
25
      (3)
In paragraph 3(2) (court before which offender to appear or be brought), for
paragraph (b) substitute—
“(b)
in the case of a relevant order which is not an order to
which paragraph (a) above applies, before a magistrates’
court acting for the petty sessions area in which the
30
offender resides or, if it is not known where he resides,
before a magistrates’ court acting for the petty sessions
area concerned.”
      (4)
In paragraph 4 (powers of magistrates’ court to deal with breach), after sub-
paragraph (4) insert—
35
“(4A)
Where a magistrates’ court dealing with an offender under sub-
paragraph (2)(a) or (b) above would not otherwise have the power
to amend the relevant order under paragraph 15 below
(amendment by reason of change of residence), that paragraph has
effect as if the reference to a magistrates’ court acting for the petty
40
sessions area concerned were a reference to the court dealing with
the offender.”
Attendance centre orders
6     (1)
Schedule 5 to the Sentencing Act (breach, revocation and amendment of
attendance centre orders) is amended as follows.
45
      (2)
In paragraph 1(1) (issue of summons or warrant by justice of the peace), omit
the words—