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 10 — Minor and consequential amendments
80

Criminal Justice Act 1991 (c. 53)
30
In section 24 of the Criminal Justice Act 1991 (recovery of fines etc by
deductions from income support), after subsection (3) insert—
“(3A)
This section applies in relation to a surcharge imposed under section
161A of the Criminal Justice Act 2003 as if any reference in subsection
5
(1) or (3) above to a fine included a reference to a surcharge.”
Criminal Appeal Act 1995 (c. 35)
31
In section 9 of the Criminal Appeal Act 1995 (references by Criminal Cases
Review Commission to Court of Appeal), in subsection (6), for the words “a
jury in England and Wales has returned” substitute “in England and Wales
10
there have been”.
32
In section 10 of that Act (which makes equivalent provision for Northern
Ireland), in subsection (7), for the words “a jury in Northern Ireland has
returned” substitute “in Northern Ireland there has been”.
Law Reform (Year and a Day Rule) Act 1996 (c. 19)
15
33
In section 2 of the Law Reform (Year and a Day Rule) Act 1996 (restriction
on institution of proceedings for fatal offence), in subsection (3), at the end
of paragraph (b) insert “, or
(c)
an offence under section 5 of the Domestic Violence, Crime
and Victims Act 2004 (causing or allowing the death of a child
20
or vulnerable adult).”
Family Law Act 1996 (c. 27)
34    (1)
Section 36 of the Family Law Act 1996 (one cohabitant or former cohabitant
with no existing right to occupy) is amended as follows.
      (2)
In subsection (1)(c), for the words from “live together as” to the end
25
substitute “cohabit or a home in which they at any time cohabited or
intended to cohabit”.
      (3)
In subsection (6)(f), for “lived together as husband and wife” substitute
“cohabited”.
35
In section 38 of that Act (neither cohabitant or former cohabitant entitled to
30
occupy), in subsection (1)(a), for “live or lived together as husband and wife”
substitute “cohabit or cohabited”.
36    (1)
Section 42 of that Act (non-molestation orders) is amended as follows.
      (2)
After subsection (4) insert—
“(4A)
A court considering whether to make an occupation order shall also
35
consider whether to exercise the power conferred by subsection
(2)(b).
(4B)
In this Part “the applicant”, in relation to a non-molestation order,
includes (where the context permits) the person for whose benefit
such an order would be or is made in exercise of the power conferred
40
by subsection (2)(b).”
      (3)
In subsection (5)(a) omit the words from “or” to “made”.

Domestic Violence, Crime and Victims Bill [HL]
Schedule 10 — Minor and consequential amendments
81

37    (1)
Section 46 of that Act (undertakings) is amended as follows.
      (2)
In subsection (3), after “under subsection (1)” insert “instead of making an
occupation order”.
      (3)
After that subsection insert—
“(3A)
The court shall not accept an undertaking under subsection (1)
5
instead of making a non-molestation order in any case where it
appears to the court that—
(a)
the respondent has used or threatened violence against the
applicant or a relevant child; and
(b)
for the protection of the applicant or child it is necessary to
10
make a non-molestation order so that any breach may be
punishable under section 42A.”
      (4)
In subsection (4), for “it were an order of the court” substitute “the court had
made an occupation order or a non-molestation order in terms
corresponding to those of the undertaking”.
15
38    (1)
Section 47 of that Act (arrest for breach of occupation order or non-
molestation order) is amended as follows.
      (2)
Omit subsection (1).
      (3)
In subsections (2) and (4), for “a relevant order” substitute “an occupation
order”.
20
      (4)
In subsections (3) and (5), for “the relevant order” substitute “the occupation
order”.
      (5)
In subsection (8), for the words up to the end of paragraph (b) substitute—

“If the court—
(a)
has made a non-molestation order, or
25
(b)
has made an occupation order but has not attached a power
of arrest under subsection (2) or (3) to any provision of the
order, or has attached that power only to certain provisions
of the order,”.
39
In section 49 of that Act (variation and discharge of orders), in subsection (4)
30
omit “or non-molestation order”.
40
In section 62 of that Act (definitions), in subsection (1)(b), for ““former
cohabitants” is to be read accordingly, but” substitute ““cohabit” and
“former cohabitants” are to be read accordingly, but the latter expression”.
41    (1)
In section 63 of that Act (interpretation of Part 4), subsection (1) is amended
35
as follows.
      (2)
At the beginning of the definition of “cohabitant” and “former cohabitant”
insert ““cohabit”,”.
      (3)
In the definition of “relative”—
(a)
for “or nephew” in paragraph (b) substitute “, nephew or first
40
cousin”;
(b)
for “is living or has lived with another person as husband and wife”
substitute “is cohabiting or has cohabited with another person”.
42    (1)
Schedule 7 to that Act (transfer of certain tenancies on divorce etc or on
separation of cohabitants) is amended as follows.
45

Domestic Violence, Crime and Victims Bill [HL]
Schedule 10 — Minor and consequential amendments
82

      (2)
In paragraph 3(2), for “to live together as husband and wife” substitute “to
cohabit”.
      (3)
In paragraph 4(b), for “lived together as husband and wife” substitute
“cohabited”.
Protection from Harassment Act 1997 (c. 40)
5
43    (1)
Section 5 of the Protection from Harassment Act 1997 (power to make
restraining order where defendant convicted of offence under section 2 or 4
of that Act) is amended as follows.
      (2)
In the heading, at the end insert “on conviction”.
      (3)
In subsection (2) omit “further”.
10
44
In section 7 of that Act (interpretation), in subsection (1), for “sections 1 to 5”
substitute “sections 1 to 5A”.
Crime (Sentences) Act 1997 (c. 43)
45    (1)
Section 47 of the Crime (Sentences) Act 1997 (power to specify hospital units)
is amended as follows.
15
      (2)
Omit subsections (1)(d) and (2)(c).
      (3)
For subsection (4) substitute—
“(4)
A reference in this section to section 37 or 41 of the 1983 Act includes
a reference to that section as it applies by virtue of—
(a)
section 5 of the Criminal Procedure (Insanity) Act 1964,
20
(b)
section 6 or 14 of the Criminal Appeal Act 1968,
(c)
section 116A of the Army Act 1955 or the Air Force Act 1955
or section 63A of the Naval Discipline Act 1957, or
(d)
section 16 or 23 of the Courts-Martial (Appeals) Act 1968.”
46    (1)
Schedule 1 to that Act (transfers of prisoners within the British Islands) (as
25
amended by Schedule 32 to the Criminal Justice Act 2003) is amended as
follows.
      (2)
In paragraph 8 (restricted transfers from England and Wales to Scotland), in
sub-paragraphs (2)(a) and (4)(a), for “264” substitute “246A”.
      (3)
In paragraph 9 (restricted transfers from England and Wales to Northern
30
Ireland), in sub-paragraphs (2)(a) and (4)(a), for “264” substitute “246A”.
Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9))
47    (1)
Article 7 of the Protection from Harassment (Northern Ireland) Order 1997
(power to make restraining order where defendant convicted of offence
under Article 4 or 6 of that Act) is amended as follows.
35
      (2)
In the heading, at the end insert “on conviction”.
      (3)
In paragraph (2) omit “further”.
Crime and Disorder Act 1998 (c. 37)
48
In section 32 of the Crime and Disorder Act 1998 (racially or religiously
aggravated harassment etc) omit subsection (7) (which is superseded by
40
provision made by section 12(1) above).

Domestic Violence, Crime and Victims Bill [HL]
Schedule 10 — Minor and consequential amendments
83

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
49
In section 132 of the Powers of Criminal Courts (Sentencing) Act 2000
(compensation orders: appeals etc), after subsection (4) insert—
“(4A)
Where an order is made in respect of a person under subsection (3)
or (4) above, the Court of Appeal or House of Lords shall make such
5
order for the payment of a surcharge under section 161A of the
Criminal Justice Act 2003, or such variation of the order of the Crown
Court under that section, as is necessary to secure that the person’s
liability under that section is the same as it would be if he were being
dealt with by the Crown Court.”
10
50
In section 136 of that Act (power to order statement as to financial
circumstances of parent or guardian), in subsection (1), for “or
compensation” substitute “, compensation or surcharge”.
51    (1)
Section 137 of that Act (power to order parent or guardian to pay fine, costs
or compensation) is amended as follows.
15
      (2)
In the heading, for “or compensation” substitute “, compensation or
surcharge”.
      (3)
After subsection (1) insert—
“(1A)
Where but for this subsection a court would order a child or young
person to pay a surcharge under section 161A of the Criminal Justice
20
Act 2003, the court shall order that the surcharge be paid by the
parent or guardian of the child or young person instead of by the
child or young person himself, unless the court is satisfied—
(a)
that the parent or guardian cannot be found; or
(b)
that it would be unreasonable to make an order for payment,
25
having regard to the circumstances of the case.”
      (4)
In subsection (3), for “subsections (1) and (2)” substitute “subsections (1) to
(2)”.
52    (1)
Section 138 of that Act (fixing of fine or compensation to be paid by parent
or guardian) is amended as follows.
30
      (2)
In the heading, for “or compensation” substitute “, compensation or
surcharge”.
      (3)
Before paragraph (a) of subsection (1) insert—
“(za)
subsection (3) of section 161A of the Criminal Justice Act 2003
(surcharges) and subsection (4A) of section 164 of that Act
35
(fixing of fines) shall have effect as if any reference in those
subsections to the offender’s means were a reference to those
of the parent or guardian;”.
53
In section 142(1) of that Act (power of Crown Court to order search of
persons before it)—
40
(a)
before paragraph (a) insert—
“(za)
the Crown Court orders a person to pay a surcharge
under section 161A of the Criminal Justice Act 2003,”;
(b)
in paragraph (d), for “or compensation” substitute “, compensation
or surcharge”.
45

Domestic Violence, Crime and Victims Bill [HL]
Schedule 10 — Minor and consequential amendments
84

Criminal Justice and Court Services Act 2000 (c. 43)
54
The Criminal Justice and Court Services Act 2000 is amended as follows.
55
Section 69 (duties in connection with victims of certain offences) (which is
superseded by section 35 of this Act) is repealed.
56
In Schedule 4 (offences against children for the purposes of disqualification
5
orders), in paragraph 3, after paragraph (sa) insert—
“(sb)
he commits 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) in respect of a
child.”
10
Sexual Offences Act 2003 (c. 42)
57    (1)
Section 133 of the Sexual Offences Act 2003 (general interpretation of Part 2)
is amended as follows.
      (2)
In subsection (1)—
(a)
in the definition of “admitted to a hospital”, for paragraph (c)
15
substitute—
“(c)
section 46 of the Mental Health Act 1983, section 69
of the Mental Health (Scotland) Act 1984 or Article
52 of the Mental Health (Northern Ireland) Order
1986;”;
20
(b)
in the definition of “detained in a hospital”, for paragraph (c)
substitute—
“(c)
section 46 of the Mental Health Act 1983, section 69
of the Mental Health (Scotland) Act 1984 or Article
52 of the Mental Health (Northern Ireland) Order
25
1986;”;
(c)
in the definition of “restriction order”, for paragraph (c) substitute—
“(c)
a direction under section 46 of the Mental Health
Act 1983, section 69 of the Mental Health (Scotland)
Act 1984 or Article 52 of the Mental Health
30
(Northern Ireland) Order 1986;”.
      (3)
After that subsection insert—
“(1A)
A reference to a provision specified in paragraph (a) of the definition
of “admitted to a hospital”, “detained in a hospital” or “restriction
order” includes a reference to the provision as it applies by virtue
35
of—
(a)
section 5 of the Criminal Procedure (Insanity) Act 1964,
(b)
section 6 or 14 of the Criminal Appeal Act 1968,
(c)
section 116A of the Army Act 1955 or the Air Force Act 1955
or section 63A of the Naval Discipline Act 1957, or
40
(d)
section 16 or 23 of the Courts-Martial (Appeals) Act 1968.”
58
In section 135 of that Act (interpretation: mentally disordered offenders),
omit subsection (4)(c).
59    (1)
Schedule 5 to that Act (other offences for the purposes of sexual offences
prevention orders) is amended as follows.
45

Domestic Violence, Crime and Victims Bill [HL]
Schedule 10 — Minor and consequential amendments
85

      (2)
After paragraph 63 insert—
“63A
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).”
      (3)
After paragraph 171 insert—
5
“171A
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).”
      (4)
In paragraph 172, for “63” substitute “63A”.
Criminal Justice Act 2003 (c. 44)
10
60
In section 48 of the Criminal Justice Act 2003 (c. 44) (further provisions about
trial without a jury), in subsection (6), for paragraphs (a) and (b) substitute
“the requirement under section 4A of the Criminal Procedure (Insanity) Act
1964 that any question, finding or verdict mentioned in that section be
determined, made or returned by a jury”.
15
61
In section 50 of that Act (application of Part 7 to Northern Ireland), in
subsection (13), for paragraphs (a) to (c) substitute—
“(a)
for “section 4A of the Criminal Procedure (Insanity) Act
1964” substitute “Article 49A of the Mental Health (Northern
Ireland) Order 1986”, and
20
(b)
for “that section” substitute “that Article”.”
62
In section 74 of that Act (interpretation of Part 9), after subsection (6) insert—
“(7)
In its application to a trial on indictment in respect of which an order
under section 17(2) of the Domestic Violence, Crime and Victims Act
2004 has been made, this Part is to have effect with such
25
modifications as the Secretary of State may by order specify.”
63
In section 151 of that Act (community order for persistent offender
previously fined), in subsection (5), after “compensation order” insert “or a
surcharge under section 161A”.
64
In section 305 of that Act (interpretation of Part 12), in subsection (1), insert
30
at the appropriate place—

““compensation order” has the meaning given by section 130(1) of the
Sentencing Act;”.
65
In Schedule 15 to that Act (specified offences for the purposes of Chapter 5
of Part 12 of that Act), in Part 1 (specified violent offences), after paragraph
35
63 insert—
“63A
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).”
66
In Schedule 17 to that Act (Northern Ireland offences specified for the
40
purposes of section 229(4)), in Part 1 (specified violent offences), after

Domestic Violence, Crime and Victims Bill [HL]
Schedule 10 — Minor and consequential amendments
86

paragraph 60 insert—
“60A
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).”