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]
Schedule 5 — Procedure on breach of community penalty etc
66

(a)
“acting for a relevant petty sessions area”;
(b)
“before a magistrates’ court acting for the area”;
(c)
“requiring him to be brought before such a court”.
      (3)
For paragraph 1(2) substitute—
     “(2)
Any summons or warrant issued under this paragraph shall direct
5
the offender to appear or be brought—
(a)
before a magistrates’ 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
magistrates’ court acting for the petty sessions area in
10
which is situated the attendance centre which the offender
is required to attend by the order or by virtue of an order
under paragraph 5(1)(b) below.”
      (4)
In paragraph 2 (powers of magistrates’ court to deal with breach), after sub-
paragraph (5) insert—
15
“(5A)
Where a magistrates’ court dealing with an offender under sub-
paragraph (1)(a) above would not otherwise have the power to
amend the order under paragraph 5(1)(b) below (substitution of
different attendance centre), that paragraph has effect as if
references to an appropriate magistrates’ court were references to
20
the court dealing with the offender.”
Community orders under the 2003 Act
7     (1)
Schedule 8 to the 2003 Act (breach, revocation or amendment of community
order) is amended as follows.
      (2)
In paragraph 7(2) (issue of summons or warrant by justice of the peace) omit
25
the words “acting for the petty sessions area concerned”.
      (3)
In paragraph 7(3) (court before which offender to appear or be brought), for
paragraph (b) substitute—
“(b)
in any other case, before a magistrates’ court acting for the
petty sessions area in which the offender resides or, if it is
30
not known where he resides, before a magistrates’ court
acting for the petty sessions area concerned.”
      (4)
In paragraph 9 (powers of magistrates’ court to deal with breach), after sub-
paragraph (5) insert—
“(5A)
Where a magistrates’ court dealing with an offender under sub-
35
paragraph (1)(a) would not otherwise have the power to amend
the community order under paragraph 16 (amendment by reason
of change of residence), that paragraph has effect as if the
references to the appropriate court were references to the court
dealing with the offender.”
40
      (5)
In paragraph 27 (provision of copies of orders), at the end of sub-paragraph
(1)(c) insert “, and
(d)
where the court acts for a petty sessions area other than the
one specified in the order prior to the revocation or
amendment, provide a copy of the revoking or amending
45
order to a magistrates’ court acting for the area so
specified.”

Domestic Violence, Crime and Victims Bill [HL]
Schedule 6 — Intermittent custody
67

Suspended sentence orders under the 2003 Act
8     (1)
Schedule 12 to the 2003 Act (breach or amendment of suspended sentence
order, and effect of further conviction) is amended as follows.
      (2)
In paragraph 6(2) (issue of summons or warrant by justice of the peace) omit
the words “acting for the petty sessions area concerned”.
5
      (3)
In paragraph 6(3) (court before which offender to appear or be brought), for
paragraph (b) substitute—
“(b)
in any other case, 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
10
acting for the petty sessions area concerned.”
      (4)
In paragraph 8 (powers of magistrates’ court to deal with breach), after sub-
paragraph (4) insert—
“(4A)
Where a magistrates’ court dealing with an offender under sub-
paragraph (2)(c) would not otherwise have the power to amend
15
the suspended sentence order under paragraph 14 (amendment
by reason of change of residence), that paragraph has effect as if
the references to the appropriate court were references to the court
dealing with the offender.”
      (5)
In paragraph 22 (provision of copies of orders), at the end of sub-paragraph
20
(1)(c) insert “, and
(d)
where the court acts for a petty sessions area other than the
one specified in the order prior to the revocation or
amendment, provide a copy of the revoking or amending
order to a magistrates’ court acting for the area so
25
specified.”
Local justice areas
9
The power conferred by section 109(5)(b) of the Courts Act 2003 (c. 39) to
amend or repeal any enactment, other than one contained in an Act passed
in a later session, includes power to amend any such enactment as amended
30
by this Schedule, but only for the purpose of making consequential
provision in connection with the establishment of local justice areas under
section 8 of that Act.
Schedule 6
Section 31

Intermittent custody
35
1
The Criminal Justice Act 2003 (c. 44) is amended as follows.
2
In section 244 (duty to release prisoners), in subsection (3)—
(a)
in paragraph (c), for the words from “which is not” to “section
183(3)” substitute “which for the purposes of section 183 (as read
with section 263(2) or 264A(2) in the case of concurrent or
40
consecutive sentences) is not a licence period”;
(b)
in paragraph (d), after “consecutive sentences” insert “none of which
falls within paragraph (c)”.

Domestic Violence, Crime and Victims Bill [HL]
Schedule 6 — Intermittent custody
68

3
In section 246 (power to release prisoners on licence before required to do
so), in the definition of “the required custodial days” in subsection (6)—
(a)
in paragraph (b), after “custody” insert “which are consecutive”;
(b)
at the end of that paragraph insert “, or
(c)
in the case of two or more sentences of intermittent
5
custody which are wholly or partly concurrent, the
aggregate of the numbers so specified less the
number of days that are to be served
concurrently;”.
4
In section 249 (duration of licence), at the end of subsection (3) insert “and
10
subsection (2) has effect subject to section 264A(3) (consecutive terms:
intermittent custody)”.
5
In section 250 (licence conditions), in subsection (7), for “and section 264(3)
and (4) (consecutive terms)” substitute “, section 264(3) and (4) (consecutive
terms) and section 264A(3) (consecutive terms: intermittent custody)”.
15
6
In section 264 (consecutive terms), in subsection (1), after paragraph (b)
insert “, and
(c)
none of those terms is a term to which an intermittent
custody order relates.”
7
After that section insert—
20

“264A Consecutive terms: intermittent custody
(1)
This section applies where—
(a)
a person (“the offender”) has been sentenced to two or more
terms of imprisonment which are to be served consecutively
on each other,
25
(b)
the sentences were passed on the same occasion or, where
they were passed on different occasions, the person has not
been released under this Chapter at any time during the
period beginning with the first and ending with the last of
those occasions, and
30
(c)
each of the terms is a term to which an intermittent custody
order relates.
(2)
The offender is not to be treated as having served all the required
custodial days in relation to any of the terms of imprisonment until
he has served the aggregate of all the required custodial days in
35
relation to each of them.
(3)
After the number of days served by the offender in prison is equal to
the aggregate of the required custodial days in relation to each of the
terms of imprisonment, the offender is to be on licence until the
relevant time and subject to such conditions as are required by this
40
Chapter in respect of any of the terms of imprisonment, and none of
the terms is to be regarded for any purpose as continuing after the
relevant time.
(4)
In subsection (3) “the relevant time” means the time when the
offender would, but for his release, have served a term equal in
45
length to the aggregate of—
(a)
all the required custodial days in relation to the terms of
imprisonment, and

Domestic Violence, Crime and Victims Bill [HL]
Schedule 7 — Investigations by Parliamentary Commissioner
69

(b)
the longest of the total licence periods in relation to those
terms.
(5)
In this section—

“total licence period”, in relation to a term of imprisonment to
which an intermittent custody order relates, means a period
5
equal in length to the aggregate of all the licence periods as
defined by section 183 in relation to that term;

“the required custodial days”, in relation to such a term, means
the number of days specified under that section.”
Schedule 7
10
Section 41

Investigations by Parliamentary Commissioner
1
The Parliamentary Commissioner Act 1967 (c. 13) is amended as follows.
2     (1)
Section 5 (matters subject to investigation) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
Subsection (1C) of this section applies if—
15
(a)
a written complaint is duly made to a member of the House
of Commons by a member of the public who claims that a
person has failed to perform a relevant duty owed by him to
the member of the public, and
(b)
the complaint is referred to the Commissioner, with the
20
consent of the person who made it, by a member of the House
of Commons with a request to conduct an investigation into
it.
(1B)
For the purposes of subsection (1A) of this section a relevant duty is
a duty imposed by any of these—
25
(a)
a code of practice issued under section 32 of the Domestic
Violence, Crime and Victims Act 2004 (code of practice for
victims), or
(b)
sections 35 to 38 of that Act (duties of local probation boards
in connection with victims of sexual or violent offences).
30
(1C)
If this subsection applies, the Commissioner may investigate the
complaint.”
      (3)
In subsection (3) for “investigation under this Act” substitute “investigation
under subsection (1) of this section”.
      (4)
After subsection (4) insert—
35
“(4A)
Without prejudice to subsection (2) of this section, the Commissioner
shall not conduct an investigation pursuant to a complaint under
subsection (1A) of this section in respect of—
(a)
action taken by or with the authority of the Secretary of State
for the purposes of protecting the security of the State,
40
including action so taken with respect to passports, or
(b)
any action or matter described in any of paragraphs 1 to 4 and
6A to 11 of Schedule 3 to this Act.

Domestic Violence, Crime and Victims Bill [HL]
Schedule 7 — Investigations by Parliamentary Commissioner
70

(4B)
Her Majesty may by Order in Council amend subsection (4A) of this
section so as to exclude from paragraph (a) or (b) of that subsection
such actions or matters as may be described in the Order.
(4C)
Any statutory instrument made by virtue of subsection (4B) of this
section shall be subject to annulment in pursuance of a resolution of
5
either House of Parliament.”
3     (1)
Section 7 (procedure in respect of investigations) is amended as follows.
      (2)
In subsection (1) after “complaint under” insert “section 5(1) of”.
      (3)
After subsection (1) insert—
“(1A)
Where the Commissioner proposes to conduct an investigation
10
pursuant to a complaint under section 5(1A) of this Act, he shall give
the person to whom the complaint relates an opportunity to
comment on any allegations contained in the complaint.”
      (4)
In subsection (2) for “such investigation” substitute “investigation under this
Act”.
15
      (5)
In subsection (4)—
(a)
after “authority concerned” insert “or the person to whom the
complaint relates”;
(b)
for “that department or authority” substitute “that department,
authority or person”.
20
4     (1)
Section 8 (evidence) is amended as follows.
      (2)
In subsection (1) after “investigation under” insert “section 5(1) of”.
      (3)
After subsection (1) insert—
“(1A)
For the purposes of an investigation pursuant to a complaint under
section 5(1A) of this Act the Commissioner may require any person
25
who in his opinion is able to furnish information or produce
documents relevant to the investigation to furnish any such
information or produce any such document.”
      (4)
In subsection (2) for “such investigation” substitute “investigation under this
Act”.
30
5     (1)
Section 10 (reports by Commissioner) is amended as follows.
      (2)
In subsection (2), after “investigation under” insert “section 5(1) of”.
      (3)
After subsection (2) insert—
“(2A)
In any case where the Commissioner conducts an investigation
pursuant to a complaint under section 5(1A) of this Act, he shall also
35
send a report of the results of the investigation to the person to whom
the complaint relates.”
      (4)
In subsection (3) after “investigation under” insert “section 5(1) of”.
      (5)
After subsection (3) insert—
“(3A)
If, after conducting an investigation pursuant to a complaint under
40
section 5(1A) of this Act, it appears to the Commissioner that—
(a)
the person to whom the complaint relates has failed to
perform a relevant duty owed by him to the person
aggrieved, and
(b)
the failure has not been, or will not be, remedied,
45

Domestic Violence, Crime and Victims Bill [HL]
Schedule 8 — Commissioner for Victims and Witnesses
71


the Commissioner may, if he thinks fit, lay before each House of
Parliament a special report upon the case.
(3B)
For the purposes of subsection (3A) of this section “relevant duty”
has the meaning given by section 5(1B) of this Act.”
      (6)
In subsection (5)(d) after “subsection (2)” insert “or (2A)”.
5
6
In section 12(1) (interpretation) for the definition of “person aggrieved”
substitute—

““person aggrieved”—
(a)
in relation to a complaint under section 5(1) of this Act,
means the person who claims or is alleged to have sustained
10
such injustice as is mentioned in section 5(1)(a) of this Act;
(b)
in relation to a complaint under section 5(1A) of this Act,
means the person to whom the duty referred to in section
5(1A)(a) of this Act is or is alleged to be owed;”.
Schedule 8
15
Section 42

Commissioner for Victims and Witnesses
Deputy Commissioner
1     (1)
The Secretary of State must appoint a Deputy Commissioner for Victims and
Witnesses (referred to in this Schedule as the Deputy Commissioner).
      (2)
Before appointing the Deputy Commissioner the Secretary of State must
20
consult the Attorney General and the Lord Chancellor as to the person to be
appointed.
      (3)
The Deputy Commissioner must act as the Commissioner—
(a)
during any period when the office of Commissioner is vacant;
(b)
at any time when the Commissioner is absent or is unable to act.
25
      (4)
The Deputy Commissioner is not to be regarded—
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
Terms of appointment
2     (1)
This paragraph applies in relation to a person appointed as the
30
Commissioner or the Deputy Commissioner.
      (2)
The period for which the person is appointed must not exceed 5 years.
      (3)
Subject to sub-paragraph (4), the person is eligible for re-appointment.
      (4)
The person must not hold office for more than 10 years in total.
      (5)
The person may at any time resign from office by giving notice in writing to
35
the Secretary of State.
      (6)
The Secretary of State may at any time remove the person from office if he is
satisfied that the person—
(a)
has become bankrupt, has had his estate sequestrated or has made a
composition or arrangement with, or granted a trust deed for, his
40
creditors, or

Domestic Violence, Crime and Victims Bill [HL]
Schedule 8 — Commissioner for Victims and Witnesses
72

(b)
is otherwise unable or unfit to carry out his functions.
      (7)
The Secretary of State must consult the Attorney General and the Lord
Chancellor before removing the person from office.
      (8)
Subject to sub-paragraphs (2) to (7), the person holds office on the terms
specified by the Secretary of State after consulting the Attorney General and
5
the Lord Chancellor.
Staff
3     (1)
The Commissioner may appoint such persons as members of his staff as he
thinks fit.
      (2)
The Commissioner must obtain the approval of the Secretary of State to—
10
(a)
the number of persons appointed as members of his staff, and
(b)
their terms and conditions of service.
      (3)
No member of the staff of the Commissioner is to be regarded—
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
15
Delegation
4
The Commissioner may authorise any member of his staff or the Deputy
Commissioner to carry out any of his functions.
Pensions
5     (1)
Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment and
20
offices to which a scheme under section 1 of that Act may apply) is amended
as set out in sub-paragraphs (2) and (3).
      (2)
At the end of the list headed “Other Bodies” insert—
“Employment as a member of the staff of the Commissioner for Victims
and Witnesses.”
25
      (3)
In the list headed “Offices”, in the appropriate places, insert—
“Commissioner for Victims and Witnesses.”
“Deputy Commissioner for Victims and Witnesses.”
      (4)
The Secretary of State must pay to the Minister for the Civil Service, at such
times as the Minister for the Civil Service may direct, such sums as the
30
Minister for the Civil Service may determine in respect of the increase
attributable to sub-paragraphs (1) to (3) in the sums payable out of money
provided by Parliament under the Superannuation Act 1972.
Finance
6
The Secretary of State must pay—
35
(a)
the remuneration of the Commissioner and the Deputy
Commissioner;
(b)
such sums as he thinks fit in respect of the expenses of the
Commissioner and the Deputy Commissioner.