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Domestic Violence, Crime and Victims Bill [HL]


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

73

 

Accounts

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.

Annual plan

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

his approval.

      (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

first prepared.

Annual report

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

financial year.

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

(c)   

the Lord Chancellor.

      (4)  

The Secretary of State must—

(a)   

lay a copy of the report before Parliament;

(b)   

arrange for the report to be published.

40

Disqualification Acts

10    (1)  

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 9 — Authorities within Commissioner’s remit

74

 

(c. 24) (offices the holders of which are disqualified) at the appropriate

places insert—

“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),

and

(b)   

each subsequent period of 12 months beginning on 1 April.

15

Schedule 9

Section 47

 

Authorities within Commissioner’s remit

Government departments

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

8          

The Home Office.

9          

The Office of the Deputy Prime Minister.

Customs and Excise

10         

The Commissioners of Customs and Excise.

Police forces etc

30

11         

A police force for a police area in England or Wales.

12         

The Serious Fraud Office.

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 10 — Minor and consequential amendments

75

 

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.

Health and safety

17         

The Health and Safety Commission.

18         

The Health and Safety Executive.

Legal services

10

19         

The Legal Services Commission.

Court administration

20         

Persons exercising functions relating to the carrying on of the business of a

court.

Criminal justice system

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).

24         

The Parole Board.

20

25         

The Prison Service.

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).

Maritime and coastguards

25

28         

The Maritime and Coastguard Agency.

Schedule 10

Section 52(1)

 

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

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 10 — Minor and consequential amendments

76

 

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

Services Act 2000;”.

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

etc),”.

6          

In section 51 of that Act (interpretation), in subsection (2A), for “6, 14 or 14A”

substitute “6 or 14”.

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.”

Juries Act 1974 (c. 23)

8     (1)  

Section 11 of the Juries Act 1974 (ballot and swearing of jurors) is amended

as follows.

      (2)  

In subsection (5) omit paragraph (b).

40

      (3)  

In subsection (6) omit “, (b)”.

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 10 — Minor and consequential amendments

77

 

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

Justice Act 2003;”.

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

2003.”

11         

In section 139 of that Act (disposal of sums adjudged to be paid by

conviction)—

(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

jury”.

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

Act 2003 (c. 42) insert—

“Domestic Violence, Crime and Victims Act 2004

35

           

Section 5 (causing or allowing the death of a child or vulnerable

adult).”

Representation of the People Act 1983 (c. 2)

17         

In section 3A of the Representation of the People Act 1983

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 10 — Minor and consequential amendments

78

 

(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

virtue of—

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”;

(b)   

omit paragraph (b).

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

follows.

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

time”.

Police and Criminal Evidence Act 1984 (c. 60)

24         

In Schedule 5 to the Police and Criminal Evidence Act 1984 (serious

40

 

 

Domestic Violence, Crime and Victims Bill [HL]
Schedule 10 — Minor and consequential amendments

79

 

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

adult).”

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

plead);”.

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)

insert “; or

20

(d)   

an offence under section 5 of the Domestic Violence, Crime

and Victims Act 2004 (causing or allowing the death of a child

or vulnerable adult),”.

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

cease.”

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

adult).”

40

 

 

 
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