|
| |
|
| |
7 (1) | The Commissioner must— |
| |
(a) | keep proper accounts and proper records in relation to the accounts; |
| |
(b) | prepare a statement of accounts in respect of each financial year, in |
| |
the form directed by the Secretary of State; |
| 5 |
(c) | send copies of the statement to the Secretary of State and the |
| |
Comptroller and Auditor General, not later than the 31 August |
| |
following the end of the financial year to which it relates. |
| |
(2) | The Comptroller and Auditor General must— |
| |
(a) | examine, certify and report on the statement of accounts; |
| 10 |
(b) | lay copies of the statement and of his report before Parliament. |
| |
| |
8 (1) | The Commissioner must, before the beginning of each financial year apart |
| |
from the first, prepare a plan setting out how he intends to exercise his |
| |
functions during the financial year (an annual plan). |
| 15 |
(2) | In preparing the plan, the Commissioner must consider whether to deal in |
| |
the plan with any issues specified by the Secretary of State. |
| |
(3) | The Commissioner must send a copy of the plan to the Secretary of State for |
| |
| |
(4) | The Secretary of State must consult the Attorney General and the Lord |
| 20 |
Chancellor in deciding whether to approve the plan. |
| |
(5) | If the Secretary of State does not approve the plan— |
| |
(a) | he must give the Commissioner his reasons for not approving it, and |
| |
(b) | the Commissioner must revise the plan. |
| |
(6) | Sub-paragraphs (2) to (5) apply to a revised plan as they apply to the plan as |
| 25 |
| |
| |
9 (1) | The Commissioner must, as soon as possible after the end of each financial |
| |
year, prepare a report on how he has exercised his functions during the |
| |
| 30 |
(2) | The report for any financial year apart from the first must include— |
| |
(a) | the Commissioner’s annual plan for the financial year, and |
| |
(b) | an assessment of the extent to which the plan has been carried out. |
| |
(3) | The Commissioner must send a copy of the report to— |
| |
(a) | the Secretary of State, |
| 35 |
(b) | the Attorney General, and |
| |
| |
(4) | The Secretary of State must— |
| |
(a) | lay a copy of the report before Parliament; |
| |
(b) | arrange for the report to be published. |
| 40 |
| |
10 (1) | In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| |
|
| |
|
| |
|
(c. 24) (offices the holders of which are disqualified) at the appropriate |
| |
| |
| “Commissioner for Victims and Witnesses.” |
| |
| “Deputy Commissioner for Victims and Witnesses.” |
| |
(2) | In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification |
| 5 |
Act 1975 (c. 25) (offices the holders of which are disqualified) at the |
| |
appropriate places insert— |
| |
| “Commissioner for Victims and Witnesses.” |
| |
| “Deputy Commissioner for Victims and Witnesses.” |
| |
Meaning of “financial year” |
| 10 |
11 | In this Schedule “financial year” means— |
| |
(a) | the period beginning on the day on which section 42 comes into force |
| |
and ending on the next 31 March (which is the first financial year), |
| |
| |
(b) | each subsequent period of 12 months beginning on 1 April. |
| 15 |
| |
| |
Authorities within Commissioner’s remit |
| |
| |
1 | The Department for Constitutional Affairs. |
| |
2 | The Department for Education and Skills. |
| 20 |
3 | The Department of Health. |
| |
4 | The Department of Trade and Industry. |
| |
5 | The Department for Transport. |
| |
6 | The Department for Work and Pensions. |
| |
7 | The Foreign and Commonwealth Office. |
| 25 |
| |
9 | The Office of the Deputy Prime Minister. |
| |
| |
10 | The Commissioners of Customs and Excise. |
| |
| 30 |
11 | A police force for a police area in England or Wales. |
| |
12 | The Serious Fraud Office. |
| |
|
| |
|
| |
|
13 | The force of constables appointed under section 53 of the British Transport |
| |
Commission Act 1949 (c. xxix). |
| |
14 | The Ministry of Defence Police. |
| |
Criminal injuries compensation |
| |
15 | The Criminal Injuries Compensation Appeals Panel. |
| 5 |
16 | The Criminal Injuries Compensation Authority. |
| |
| |
17 | The Health and Safety Commission. |
| |
18 | The Health and Safety Executive. |
| |
| 10 |
19 | The Legal Services Commission. |
| |
| |
20 | Persons exercising functions relating to the carrying on of the business of a |
| |
| |
| 15 |
21 | The Criminal Cases Review Commission. |
| |
22 | The Crown Prosecution Service. |
| |
23 | A local probation board established under section 4 of the Criminal Justice |
| |
and Court Services Act 2000 (c. 43). |
| |
| 20 |
| |
26 | The Youth Justice Board for England and Wales. |
| |
27 | A youth offending team established under section 39 of the Crime and |
| |
Disorder Act 1998 (c. 37). |
| |
| 25 |
28 | The Maritime and Coastguard Agency. |
| |
| |
| |
Minor and consequential amendments |
| |
Colonial Prisoners Removal Act 1884 (c. 31) |
| |
1 | In section 10 of the Colonial Prisoners Removal Act 1884 (application of Act |
| 30 |
to removal of criminal lunatics), in subsection (3), in paragraph (a) for the |
| |
|
| |
|
| |
|
words from “give” to the end substitute “by warrant direct that he is to be |
| |
detained in such hospital, within the meaning given by section 145(1) of the |
| |
Mental Health Act 1983, as may be specified in the direction; and any such |
| |
direction shall have the same effect as a hospital order under section 37 of |
| |
that Act together with a restriction order under section 41 of that Act, made |
| 5 |
without limitation of time;”. |
| |
Children and Young Persons Act 1933 (c. 12) |
| |
2 | In Schedule 1 to the Children and Young Persons Act 1933 (offences against |
| |
children and young persons with respect to which special provisions of the |
| |
Act apply), after “Infanticide” insert— |
| 10 |
| “An offence under section 5 of the Domestic Violence, Crime and |
| |
Victims Act 2004, in respect of a child or young person.” |
| |
Criminal Procedure (Insanity) Act 1964 (c. 84) |
| |
3 | In section 8(2) of the Criminal Procedure (Insanity) Act 1964 (interpretation), |
| |
after the definition of “duly approved” insert— |
| 15 |
| ““local probation board” means a local probation board |
| |
established under section 4 of the Criminal Justice and Court |
| |
| |
Criminal Appeal Act 1968 (c. 19) |
| |
4 | In section 15 of the Criminal Appeal Act 1968 (right of appeal against finding |
| 20 |
of disability), in subsection (1), for the words “the jury has returned” |
| |
substitute “there have been”. |
| |
5 | In section 37 of that Act (detention of defendant on appeal by the Crown to |
| |
House of Lords), in subsection (4), for paragraph (b) substitute— |
| |
“(b) | a hospital order made by virtue of section 5(2)(a) of the |
| 25 |
Criminal Procedure (Insanity) Act 1964 (powers to deal with |
| |
persons not guilty by reason of insanity or unfit to plead |
| |
| |
6 | In section 51 of that Act (interpretation), in subsection (2A), for “6, 14 or 14A” |
| |
| 30 |
Children and Young Persons Act (Northern Ireland) 1968 (c. 34) |
| |
7 | In Schedule 1 to the Children and Young Persons Act (Northern |
| |
Ireland) 1968 (offences against children and young persons with respect to |
| |
which special provisions of the Act apply), after “Infanticide” insert— |
| |
| “An offence under section 5 of the Domestic Violence, Crime and |
| 35 |
Victims Act 2004, in respect of a child or young person.” |
| |
| |
8 (1) | Section 11 of the Juries Act 1974 (ballot and swearing of jurors) is amended |
| |
| |
(2) | In subsection (5) omit paragraph (b). |
| 40 |
(3) | In subsection (6) omit “, (b)”. |
| |
|
| |
|
| |
|
Rehabilitation of Offenders Act 1974 (c. 53) |
| |
9 | In section 1(3) of the Rehabilitation of Offenders Act 1974 (meaning of |
| |
“sentence” for the purposes of that Act), after “other than” insert— |
| |
“(za) | a surcharge imposed under section 161A of the Criminal |
| |
| 5 |
Magistrates’ Courts Act 1980 (c. 43) |
| |
10 | In section 108 of the Magistrates’ Courts Act 1980 (right of appeal to Crown |
| |
Court), after subsection (3) insert— |
| |
“(4) | Subsection (3)(d) above does not prevent an appeal against a |
| |
surcharge imposed under section 161A of the Criminal Justice Act |
| 10 |
| |
11 | In section 139 of that Act (disposal of sums adjudged to be paid by |
| |
| |
(a) | after paragraph (a) insert— |
| |
“(aa) | in the second place in payment to the fund mentioned |
| 15 |
in paragraph (c) below of surcharges imposed under |
| |
section 161A of the Criminal Justice Act 2003;”; |
| |
(b) | in paragraph (b), for “second” substitute “third”. |
| |
Criminal Appeal (Northern Ireland) Act 1980 (c. 47) |
| |
12 | In section 13A of the Criminal Appeal (Northern Ireland) Act 1980 (appeal |
| 20 |
against finding of unfitness to be tried), in subsection (1), for “the jury has |
| |
returned” substitute “there has been”. |
| |
13 | In section 19(1A)(a) of that Act (legal aid), after “appeal under” insert |
| |
“section 18A of the Domestic Violence, Crime and Victims Act 2004,”. |
| |
Supreme Court Act 1981 (c. 54) |
| 25 |
14 | In section 55 of the Supreme Court Act 1981 (constitution of criminal |
| |
division of Court of Appeal), in subsection (4)(a)(iii) omit the words “of a |
| |
| |
15 | In section 81 of that Act (power of Crown Court to grant bail), in subsection |
| |
(1A), for “or 15” substitute “, 15 or 16A”. |
| 30 |
Criminal Justice Act 1982 (c. 48) |
| |
16 | In Schedule 1 to the Criminal Justice Act 1982 (offences excluded from early |
| |
release provisions), in Part 2, after the entry relating to the Sexual Offences |
| |
| |
“Domestic Violence, Crime and Victims Act 2004 |
| 35 |
| Section 5 (causing or allowing the death of a child or vulnerable |
| |
| |
Representation of the People Act 1983 (c. 2) |
| |
17 | In section 3A of the Representation of the People Act 1983 |
| |
|
| |
|
| |
|
(disenfranchisement of offenders detained in mental hospitals), for |
| |
subsection (5) substitute— |
| |
“(5) | As respects any part of the United Kingdom, this section applies to |
| |
any person in respect of whom a hospital order has been made by |
| |
| 5 |
(a) | section 116A of the Army Act 1955 or the Air Force Act 1955 |
| |
or section 63A of the Naval Discipline Act 1957, or |
| |
(b) | section 16 or 23 of the Courts-Martial (Appeals) Act 1968.” |
| |
Mental Health Act 1983 (c. 20) |
| |
18 | In section 47 of the Mental Health Act 1983 (removal to hospital of persons |
| 10 |
serving sentences of imprisonment, etc), in subsection (5)(a), for the words |
| |
“under any enactment to which section 46 applies” substitute “made in |
| |
consequence of a finding of insanity or unfitness to stand trial”. |
| |
19 | In section 69 of that Act (application to tribunals concerning patients subject |
| |
to hospital orders etc), in subsection (2)(a)— |
| 15 |
(a) | for “below,” substitute “below or”; |
| |
(b) | omit “or section 5(1) of the Criminal Procedure (Insanity) Act 1964”. |
| |
20 | In section 71 of that Act (references by Home Secretary concerning restricted |
| |
patients) omit subsections (5) and (6). |
| |
21 | In section 79 of that Act (interpretation of Part 5), in subsection (1)— |
| 20 |
(a) | for paragraph (a) substitute— |
| |
“(a) | is treated by virtue of any enactment as subject to a |
| |
hospital order and a restriction order; or”; |
| |
| |
22 | In section 84 of that Act (removal to England and Wales of offenders found |
| 25 |
insane in Channel Islands and Isle of Man), in subsection (2), for the words |
| |
from “had been” to the end substitute “were subject to a hospital order |
| |
together with a restriction order, made without limitation of time”. |
| |
23 (1) | Schedule 5 to that Act (transitional and saving provisions) is amended as |
| |
| 30 |
(2) | For paragraph 21 substitute— |
| |
“21. | Any direction to which section 71(4) of the Mental Health Act 1959 |
| |
applied immediately before the commencement of this Act shall |
| |
have the same effect as a hospital order together with a restriction |
| |
order, made without limitation of time.” |
| 35 |
(3) | In paragraph 37(2), for “direction under section 46 of this Act” substitute |
| |
“hospital order together with a restriction order, made without limitation of |
| |
| |
Police and Criminal Evidence Act 1984 (c. 60) |
| |
24 | In Schedule 5 to the Police and Criminal Evidence Act 1984 (serious |
| 40 |
|
| |
|
| |
|
arrestable offences), in Part 2, after paragraph 23 insert— |
| |
“Domestic Violence, Crime and Victims Act 2004 |
| |
24 | Section 5 (causing or allowing the death of a child or vulnerable |
| |
| |
Prosecution of Offences Act 1985 (c. 23) |
| 5 |
25 | In section 16 of the Prosecution of Offences Act 1985 (defence costs), in |
| |
subsection (4) (power of Court of Appeal to make defendant’s costs order), |
| |
after paragraph (c) insert “or |
| |
(d) | allows, to any extent, an appeal under section 16A of that Act |
| |
(appeal against order made in cases of insanity or unfitness to |
| 10 |
| |
Coroners Act 1988 (c. 13) |
| |
26 | In section 16 of the Coroners Act 1988 (adjournment of inquest in event of |
| |
criminal proceedings), in subsection (1)(a), after sub-paragraph (iii) insert— |
| |
“(iv) | an offence under section 5 of the Domestic Violence, |
| 15 |
Crime and Victims Act 2004 (causing or allowing the |
| |
death of a child or vulnerable adult); or”. |
| |
27 | In section 17 of that Act (coroner to be informed of result of criminal |
| |
proceedings), in subsections (1) and (2), at the end of paragraph (c) |
| |
| 20 |
(d) | an offence under section 5 of the Domestic Violence, Crime |
| |
and Victims Act 2004 (causing or allowing the death of a child |
| |
| |
Criminal Justice Act 1988 (c. 33) |
| |
28 | In section 41 of the Criminal Justice Act 1988 (power of Crown Court to deal |
| 25 |
with summary offence where person committed for either way offence), |
| |
after subsection (4) insert— |
| |
“(4A) | The committal of a person under this section in respect of an offence |
| |
to which section 40 above applies shall not prevent him being found |
| |
guilty of that offence under section 6(3) of the Criminal Law Act 1967 |
| 30 |
(alternative verdicts on trial on indictment); but where he is |
| |
convicted under that provision of such an offence, the functions of |
| |
the Crown Court under this section in relation to the offence shall |
| |
| |
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) |
| 35 |
29 | In Schedule 5 to the Police and Criminal Evidence (Northern Ireland) Order |
| |
1989 (serious arrestable offences), in Part 2, after paragraph 14 insert— |
| |
“Domestic Violence, Crime and Victims Act 2004 |
| |
15 | Section 5 (causing or allowing the death of a child or vulnerable |
| |
| 40 |
|
| |
|