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 11 — Repeals

87

Schedule 11

Section 52(2)

Repeals

Short title and chapter

Extent of repeal

Criminal Procedure (Insanity)

Section 7.

Act 1964 (c. 84)

In section 8—

5

(a)

the proviso to subsection (3);

(b)

in subsection (4), the words from

“, except” to “courts-martial,”.

Schedule 2.

Criminal Appeal Act 1968

Section 14A.

10

(c. 19)

Courts-Martial (Appeals) Act

In Schedule 3, paragraph 3(b).

1968 (c. 20)

Juries Act 1974 (c. 23)

In section 11, paragraph (b) of subsection (5)

and “(b)” in subsection (6).

15

In Schedule 1, paragraph 4(2).

Supreme Court Act 1981 (c. 54)

In section 55(4)(a)(iii), the words “of a jury”.

Mental Health Act 1983 (c. 20)

In section 69(2)(a), the words “or section 5(1) of

the Criminal Procedure (Insanity) Act 1964”.

Section 71(5) and (6).

20

Section 79(1)(b).

Prosecution of Offences Act

In section 16(4), the word “or” preceding

1985 (c. 23)

paragraph (c).

Coroners Act 1988 (c. 13)

In section 16(1)(a), the word “or” preceding sub-

paragraph (iii).

25

In section 17, in subsections (1) and (2) the word

“or” preceding paragraph (c).

Criminal Procedure (Insanity

Sections 3 and 5.

and Unfitness to Plead) Act

In section 6—

1991 (c. 25)

(a)

  the definition of “local probation

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board” in subsection (1);

(b)

  subsection (2).

Schedules 1 and 2.

Law Reform (Year and a Day

In section 2(3), the word “or” preceding

Rule) Act 1996 (c. 19)

paragraph (b).

35

Family Law Act 1996 (c. 27)

Section 41.

In section 42(5)(a), the words from “or” to

“made”.

Section 47(1).

In section 49(4), the words “or non-molestation

40

order”.

Armed Forces Act 1996 (c. 46)

Section 8.

Schedule 2.

Protection from Harassment

In section 5, the words “under section 2 or 4” in

Act 1997 (c. 40)

subsection (1) and the word “further” in

45

subsection (2).

Domestic Violence, Crime and Victims Bill [HL]
Schedule 12 — Transitional and transitory provisions

88

Short title and chapter

Extent of repeal

Crime (Sentences) Act 1997

In section 47—

(c. 43)

(a)

in subsection (1), paragraph (d) and the

word “or” preceding it;

(b)

in subsection (2), paragraph (c) and the

5

word “and” preceding it.

Protection from Harassment

In Article 7, the words “under Article 4 or 6” in

(Northern Ireland) Order

paragraph (1) and the word “further” in

1997 (S.I. 1997/1180 (N.I. 9))

paragraph (2).

Crime and Disorder Act 1998

Section 32(7).

10

(c. 37)

Access to Justice Act 1999 (c. 22)

In Schedule 13, paragraph 163.

Powers of Criminal Courts

In Schedule 9, paragraph 133.

(Sentencing) Act 2000 (c. 6)

Care Standards Act 2000 (c. 14)

In Schedule 4, paragraph 16.

15

Criminal Justice and Court

Section 69.

Services Act 2000 (c. 43)

In Schedule 7, paragraphs 99 to 102.

Sexual Offences Act 2003 (c. 42)

Section 135(4)(c).

Criminal Justice Act 2003 (c. 44)

In section 246(6), in the definition of “the

required custodial days”, the word “or”

20

preceding paragraph (b).

In section 264(1), the word “and” preceding

paragraph (b).

Schedule 12

Section 53

Transitional and transitory provisions

25

1     (1)

Section 1 and paragraphs 25 to 27 of Schedule 10 apply only in relation to

conduct occurring on or after the commencement of that section.

      (2)

In relation to an offence committed before the commencement of section

154(1) of the Criminal Justice Act 2003 (c. 44), the reference to 12 months in

subsection (5)(b) of section 42A of the Family Law Act 1996 (inserted by

30

section 1 of this Act) is to be read as a reference to six months.

2

In section 5, the reference in subsection (1)(a) to an unlawful act does not

include an act that (or so much of an act as) occurs before the commencement

of that section.

3     (1)

This paragraph has effect, in relation to any time before the commencement

35

of the repeal (by paragraph 51 of Schedule 3 to the Criminal Justice Act 2003)

of section 6 of the Magistrates’ Courts Act 1980 (c. 43), where—

(a)

a magistrates’ court is considering under subsection (1) of that

section whether to commit a person (“the accused”) for trial for an

offence of murder or manslaughter, and

40

(b)

the accused is charged in the same proceedings with an offence

under section 5 above in respect of the same death.

Domestic Violence, Crime and Victims Bill [HL]
Schedule 12 — Transitional and transitory provisions

89

      (2)

If there is sufficient evidence to put the accused on trial by jury for the

offence under section 5, there is deemed to be sufficient evidence to put him

on trial by jury for the offence of murder or manslaughter.

4

Section 10 applies only in relation to offences committed on or after the

commencement of that section.

5

5     (1)

Section 12(1) and paragraphs 31(3) and 35 of Schedule 10 do not apply where

the conviction occurs before the commencement of those provisions.

      (2)

Section 12(2) applies only in relation to applications made on or after the

commencement of that provision.

      (3)

Section 12(4) and paragraphs 31(2) and 32 of Schedule 10 do not apply where

10

the acquittal (or, where subsection (5) of the inserted section 5A applies, the

allowing of the appeal) occurs before the commencement of those

provisions.

6     (1)

Section 13(1) and paragraph 34(3) of Schedule 10 do not apply where the

conviction occurs before the commencement of those provisions.

15

      (2)

Section 13(2) applies only in relation to applications made on or after the

commencement of that provision.

      (3)

Section 13(4) and paragraph 34(2) of Schedule 10 do not apply where the

acquittal (or, where paragraph (5) of the inserted Article 7A applies, the

allowing of the appeal) occurs before the commencement of those

20

provisions.

7

Section 14 applies only in relation to offences committed on or after the

commencement of that section.

8     (1)

The provisions mentioned in sub-paragraph (2) do not apply—

(a)

in relation to proceedings before the Crown Court or a court-martial,

25

where the accused was arraigned before the commencement of those

provisions;

(b)

in relation to proceedings before the Court of Appeal or the Courts-

Martial Appeal Court, where the hearing of the appeal began before

that commencement.

30

      (2)

The provisions are—

(a)

sections 22 and 23;

(b)

section 24 and Schedule 2;

(c)

section 26 and Schedule 3;

(d)

paragraphs 5, 6, 8, 17 to 23, 45, 60 and 61 of Schedule 10.

35

9

The Schedule inserted by Schedule 2 has effect in relation to any time before

the commencement of sections 8 and 37 of the Courts Act 2003 (c. 39)—

(a)

as if a reference to a local justice area were to a petty sessions area;

(b)

as if a reference to a designated officer were to a justices’ chief

executive.

40

10

Each entry in Schedule 11 applies in the same way as the provision of this

Act to which it corresponds.