Domestic Violence, Crime and Victims Bill [HL]

House of Commons

Session 2003 - 04
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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
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(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