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| Domestic Violence, Crime and Victims |
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| Page 1, line 1, leave out Clause 1. |
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| Clause 2, page 1, line 14, before ‘This’ insert ‘Subject to subsection (4),’. |
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| Clause 2, page 1, line 14, at end insert— |
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| | ‘(4) | The amendments made by paragraphs 9 to 11 of Schedule (Consequential |
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| | amendments) have the same extent as the provisions to which they relate.’. |
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| | Causing or allowing a child or vulnerable adult to suffer serious physical harm |
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| To move the following Clause:— |
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| | ‘(1) | Section 5 of the Domestic Violence, Crime and Victims Act 2004 (offence of |
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| | causing or allowing the death of a child or vulnerable adult) is amended as |
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| | (a) | in paragraph (a), after “dies” insert “or suffers serious physical harm”; |
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| | (b) | in paragraph (d), for “V’s death” substitute “the death or serious physical |
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| | (3) | In subsection (3)(a), for “V’s death” substitute “the death or serious physical |
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| | (4) | In subsection (4)(b), for “V’s death” substitute “the death or serious physical |
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| | (5) | In subsection (7), after “this section” insert “of causing or allowing a person’s |
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| | (6) | After that subsection insert— |
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| | “(8) | A person guilty of an offence under this section of causing or allowing a |
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| | person to suffer serious physical harm is liable on conviction on |
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| | indictment to imprisonment for a term not exceeding 10 years or to a fine, |
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| | (7) | The italic heading before section 5 becomes “Causing or allowing a child or |
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| | vulnerable adult to die or suffer serious physical harm”. |
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| | (8) | The amendments made by this section do not apply in relation to any harm |
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| | resulting from an act that occurs, or so much of an act as occurs, before the |
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| | commencement of this section.’. |
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| | Evidence and procedure in cases of serious physical harm |
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| To move the following Clause:— |
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| | ‘After section 6 of the Domestic Violence, Crime and Victims Act 2004 insert— |
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| | “6A | Evidence and procedure in cases of serious physical harm: England |
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| | (1) | Subsections (3) to (5) apply where a person (“the defendant”) is charged |
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| | in the same proceedings with a relevant offence and with an offence |
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| | under section 5 in respect of the same harm (“the section 5 offence”). |
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| | (2) | In this section “relevant offence” means— |
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| | (a) | an offence under section 18 or 20 of the Offences against the |
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| | Person Act 1861 (grievous bodily harm); |
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| | (b) | an offence under section 1 of the Criminal Attempts Act 1981 of |
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| | attempting to commit murder. |
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| | (3) | Where by virtue of section 35(3) of the Criminal Justice and Public Order |
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| | Act 1994 a court or jury is permitted, in relation to the section 5 offence, |
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| | to draw such inferences as appear proper from the defendant’s failure to |
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| | give evidence or refusal to answer a question, the court or jury may also |
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| | draw such inferences in determining whether the defendant is guilty of a |
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| | relevant offence, even if there would otherwise be no case for the |
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| | defendant to answer in relation to that offence. |
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| | (4) | The charge of the relevant offence is not to be dismissed under paragraph |
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| | 2 of Schedule 3 to the Crime and Disorder Act 1998 (unless the section |
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| | (5) | At the defendant’s trial the question whether there is a case for the |
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| | defendant to answer on the charge of the relevant offence is not to be |
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| | considered before the close of all the evidence (or, if at some earlier time |
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| | the defendant ceases to be charged with the section 5 offence, before that |
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| To move the following Clause:— |
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| | ‘Schedule (Consequential amendments) contains consequential amendments.’. |
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| To move the following Schedule:— |
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| | ‘Consequential amendments |
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| | Criminal Justice Act 1982 |
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| | 1 | In Schedule 1 to the Criminal Justice Act 1982 (offences excluded from early |
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| | release provisions), in Part 2, in the entry relating to section 5 of the Domestic |
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| | Violence, Crime and Victims Act 2004, for “the death of a child or vulnerable |
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| | adult” substitute “a child or vulnerable adult to die or suffer serious physical |
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| | 2 (1) | The Coroners Act 1988 is amended as follows. |
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| | (2) | In section 16 (adjournment of inquest in event of criminal proceedings), in |
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| | subsection (1)(a)(iv), for “(causing or allowing the death of a child or |
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| | vulnerable adult)” substitute “of causing or allowing the death of a child or |
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| | (3) | In section 17 (provisions supplementary to section 16), in subsections (1)(d) |
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| | and (2)(d), for “(causing or allowing the death of a child or vulnerable adult)” |
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| | substitute “of causing or allowing the death of a child or vulnerable adult”. |
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| | (4) | The amendments made by this paragraph cease to have effect when the repeal |
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| | of that Act by Schedule 23 to the Coroners and Justice Act 2009 has effect for |
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| | Law Reform (Year and a Day Rule) Act 1996 |
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| | 3 | In section 2 of the Law Reform (Year and a Day Rule) Act 1996 (restriction on |
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| | institution of proceedings for fatal offence), in subsection (3)(c), for “(causing |
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| | or allowing the death of a child or vulnerable adult)” substitute “of causing or |
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| | allowing the death of a child or vulnerable adult”. |
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| | Criminal Justice and Court Services Act 2000 |
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| | 4 (1) | In Schedule 4 to the Criminal Justice and Court Services Act 2000 (meaning |
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| | of “offence against a child” for purposes of disqualification orders), in |
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| | paragraph 3(sb), for “the death of a child or vulnerable adult” substitute “a |
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| | child or vulnerable adult to die or suffer serious physical harm”. |
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| | (2) | The amendment made by sub-paragraph (1) ceases to have effect when the |
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| | repeal of that Schedule by Schedule 10 to the Safeguarding Vulnerable Groups |
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| | Act 2006 has effect for all purposes. |
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| | 5 | In Schedule 5 to the Sexual Offences Act 2003 (offences for purposes of |
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| | making sexual offences prevention orders), in paragraph 63A, for “the death |
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| | of a child or vulnerable adult” substitute “a child or vulnerable adult to die or |
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| | suffer serious physical harm”. |
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| | Criminal Justice Act 2003 |
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| | 6 | In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent |
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| | offences for purposes of Chapter 5 of Part 12 of that Act), in paragraph 63A, |
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| | for “the death of a child or vulnerable adult” substitute “a child or vulnerable |
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| | adult to die or suffer serious physical harm”. |
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| | Domestic Violence, Crime and Victims Act 2004 |
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| | 7 | The Domestic Violence, Crime and Victims Act 2004 is amended as follows. |
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| | 8 (1) | In section 6 (evidence and procedure: England and Wales), in subsection (5), |
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| | after “section 5” insert “of causing or allowing a person’s death”. |
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| | (2) | The heading of that section becomes “Evidence and procedure in cases of |
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| | death: England and Wales”. |
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| | 9 | In section 8 (evidence and procedure: the Court Martial), after subsection (3) |
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| | “(4) | Section 6A(1), (3) and (5) has effect in relation to proceedings before |
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| | the Court Martial with the following adaptations. |
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| | (5) | A reference to an offence— |
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| | (a) | listed in section 6A(2), or |
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| | | is to be read as a reference to an offence under section 42 of the Armed |
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| | Forces Act 2006 as respects which the corresponding offence under |
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| | the law of England and Wales (within the meaning given by that |
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| | section) is that offence. |
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| | (6) | A reference to the court or jury is to be read as a reference to the court.” |
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| | 10 | In section 62(4) (extent of section 8), after “section 6” insert “or 6A”. |
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| | 11 | In section 51 of the Armed Forces Act 2006 (jurisdiction of Service Civilian |
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| | Court), in subsection (5)(a), for “(causing or allowing death of child etc)” |
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| | substitute “of causing or allowing the death of a child or vulnerable adult”. |
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| | Coroners and Justice Act 2009 |
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| | 12 | In paragraph 1 of Schedule 1 to the Coroners and Justice Act 2009 (suspension |
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| | of investigations where certain criminal charges may be brought), in sub- |
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| | paragraph (6), in paragraph (d) of the definition of “homicide offence”, for |
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| | “(causing or allowing the death of a child or vulnerable adult)” substitute “of |
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| | causing or allowing the death of a child or vulnerable adult”.’. |
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