Session 2010 - 12
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1

 

House of Commons

 
 

Wednesday 22 June 2011

 

Public Bill Committee Proceedings

 

Domestic Violence, Crime and Victims


 

(Amendment) Bill


 

Mr Crispin Blunt

 

Not selected  1

 

Page  1,  line  1,  leave out Clause 1.

 

Clause Disagreed to.

 

Mr Crispin Blunt

 

Agreed to  2

 

Clause  2,  page  1,  line  14,  before ‘This’ insert ‘Subject to subsection (4),’.

 

Mr Crispin Blunt

 

Agreed to  3

 

Clause  2,  page  1,  line  14,  at end insert—

 

‘(4)    

The amendments made by paragraphs 9 to 11 of Schedule (Consequential

 

amendments) have the same extent as the provisions to which they relate.’.

 

Clause, as amended, Agreed to.

 


 

NEW CLAUSES

 

Causing or allowing a child or vulnerable adult to suffer serious physical harm

 

Mr Crispin Blunt

 

Added  NC1

 

To move the following Clause:—

 

‘(1)    

Section 5 of the Domestic Violence, Crime and Victims Act 2004 (offence of

 

causing or allowing the death of a child or vulnerable adult) is amended as

 

follows.

 

(2)    

In subsection (1)—

 

(a)    

in paragraph (a), after “dies” insert “or suffers serious physical harm”;


 
 

Public Bill Committee Proceedings: 22 June 2011            

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Domestic Violence, Crime and Victims (Amendment) Bill continued

 
 

(b)    

in paragraph (d), for “V’s death” substitute “the death or serious physical

 

harm”.

 

(3)    

In subsection (3)(a), for “V’s death” substitute “the death or serious physical

 

harm”.

 

(4)    

In subsection (4)(b), for “V’s death” substitute “the death or serious physical

 

harm”.

 

(5)    

In subsection (7), after “this section” insert “of causing or allowing a person’s

 

death”.

 

(6)    

After that subsection insert—

 

“(8)    

A person guilty of an offence under this section of causing or allowing a

 

person to suffer serious physical harm is liable on conviction on

 

indictment to imprisonment for a term not exceeding 10 years or to a fine,

 

or to both.”

 

(7)    

The italic heading before section 5 becomes “Causing or allowing a child or

 

vulnerable adult to die or suffer serious physical harm”.

 

(8)    

The amendments made by this section do not apply in relation to any harm

 

resulting from an act that occurs, or so much of an act as occurs, before the

 

commencement of this section.’.

 


 

Evidence and procedure in cases of serious physical harm

 

Mr Crispin Blunt

 

Added  NC2

 

To move the following Clause:—

 

‘After section 6 of the Domestic Violence, Crime and Victims Act 2004 insert—

 

“6A    

Evidence and procedure in cases of serious physical harm: England

 

and Wales

 

(1)    

Subsections (3) to (5) apply where a person (“the defendant”) is charged

 

in the same proceedings with a relevant offence and with an offence

 

under section 5 in respect of the same harm (“the section 5 offence”).

 

(2)    

In this section “relevant offence” means—

 

(a)    

an offence under section 18 or 20 of the Offences against the

 

Person Act 1861 (grievous bodily harm);

 

(b)    

an offence under section 1 of the Criminal Attempts Act 1981 of

 

attempting to commit murder.

 

(3)    

Where by virtue of section 35(3) of the Criminal Justice and Public Order

 

Act 1994 a court or jury is permitted, in relation to the section 5 offence,

 

to draw such inferences as appear proper from the defendant’s failure to

 

give evidence or refusal to answer a question, the court or jury may also

 

draw such inferences in determining whether the defendant is guilty of a

 

relevant offence, even if there would otherwise be no case for the

 

defendant to answer in relation to that offence.

 

(4)    

The charge of the relevant offence is not to be dismissed under paragraph

 

2 of Schedule 3 to the Crime and Disorder Act 1998 (unless the section

 

5 offence is dismissed).


 
 

Public Bill Committee Proceedings: 22 June 2011            

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Domestic Violence, Crime and Victims (Amendment) Bill continued

 
 

(5)    

At the defendant’s trial the question whether there is a case for the

 

defendant to answer on the charge of the relevant offence is not to be

 

considered before the close of all the evidence (or, if at some earlier time

 

the defendant ceases to be charged with the section 5 offence, before that

 

earlier time).”’.

 


 

Consequential amendments

 

Mr Crispin Blunt

 

Added  NC3

 

To move the following Clause:—

 

‘Schedule (Consequential amendments) contains consequential amendments.’.

 


 

NEW SCHEDULE

 

Mr Crispin Blunt

 

Added  NS1

 

To move the following Schedule:—

 

‘Consequential amendments

 

Criminal Justice Act 1982

 

1          

In Schedule 1 to the Criminal Justice Act 1982 (offences excluded from early

 

release provisions), in Part 2, in the entry relating to section 5 of the Domestic

 

Violence, Crime and Victims Act 2004, for “the death of a child or vulnerable

 

adult” substitute “a child or vulnerable adult to die or suffer serious physical

 

harm”.

 

Coroners Act 1988

 

2    (1)  

The Coroners Act 1988 is amended as follows.

 

      (2)  

In section 16 (adjournment of inquest in event of criminal proceedings), in

 

subsection (1)(a)(iv), for “(causing or allowing the death of a child or

 

vulnerable adult)” substitute “of causing or allowing the death of a child or

 

vulnerable adult”.

 

      (3)  

In section 17 (provisions supplementary to section 16), in subsections (1)(d)

 

and (2)(d), for “(causing or allowing the death of a child or vulnerable adult)”

 

substitute “of causing or allowing the death of a child or vulnerable adult”.

 

      (4)  

The amendments made by this paragraph cease to have effect when the repeal

 

of that Act by Schedule 23 to the Coroners and Justice Act 2009 has effect for

 

all purposes.

 

Law Reform (Year and a Day Rule) Act 1996

 

3          

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)(c), for “(causing


 
 

Public Bill Committee Proceedings: 22 June 2011            

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Domestic Violence, Crime and Victims (Amendment) Bill continued

 
 

or allowing the death of a child or vulnerable adult)” substitute “of causing or

 

allowing the death of a child or vulnerable adult”.

 

Criminal Justice and Court Services Act 2000

 

4    (1)  

In Schedule 4 to the Criminal Justice and Court Services Act 2000 (meaning

 

of “offence against a child” for purposes of disqualification orders), in

 

paragraph 3(sb), for “the death of a child or vulnerable adult” substitute “a

 

child or vulnerable adult to die or suffer serious physical harm”.

 

      (2)  

The amendment made by sub-paragraph (1) ceases to have effect when the

 

repeal of that Schedule by Schedule 10 to the Safeguarding Vulnerable Groups

 

Act 2006 has effect for all purposes.

 

Sexual Offences Act 2003

 

5          

In Schedule 5 to the Sexual Offences Act 2003 (offences for purposes of

 

making sexual offences prevention orders), in paragraph 63A, for “the death

 

of a child or vulnerable adult” substitute “a child or vulnerable adult to die or

 

suffer serious physical harm”.

 

Criminal Justice Act 2003

 

6          

In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent

 

offences for purposes of Chapter 5 of Part 12 of that Act), in paragraph 63A,

 

for “the death of a child or vulnerable adult” substitute “a child or vulnerable

 

adult to die or suffer serious physical harm”.

 

Domestic Violence, Crime and Victims Act 2004

 

7          

The Domestic Violence, Crime and Victims Act 2004 is amended as follows.

 

8    (1)  

In section 6 (evidence and procedure: England and Wales), in subsection (5),

 

after “section 5” insert “of causing or allowing a person’s death”.

 

      (2)  

The heading of that section becomes “Evidence and procedure in cases of

 

death: England and Wales”.

 

9          

In section 8 (evidence and procedure: the Court Martial), after subsection (3)

 

insert—

 

“(4)    

Section 6A(1), (3) and (5) has effect in relation to proceedings before

 

the Court Martial with the following adaptations.

 

(5)    

A reference to an offence—

 

(a)    

listed in section 6A(2), or

 

(b)    

under section 5,

 

    

is to be read as a reference to an offence under section 42 of the Armed

 

Forces Act 2006 as respects which the corresponding offence under

 

the law of England and Wales (within the meaning given by that

 

section) is that offence.

 

(6)    

A reference to the court or jury is to be read as a reference to the court.”

 

10         

In section 62(4) (extent of section 8), after “section 6” insert “or 6A”.

 

Armed Forces Act 2006

 

11         

In section 51 of the Armed Forces Act 2006 (jurisdiction of Service Civilian

 

Court), in subsection (5)(a), for “(causing or allowing death of child etc)”

 

substitute “of causing or allowing the death of a child or vulnerable adult”.


 
 

Public Bill Committee Proceedings: 22 June 2011            

5

 

Domestic Violence, Crime and Victims (Amendment) Bill continued

 
 

Coroners and Justice Act 2009

 

12         

In paragraph 1 of Schedule 1 to the Coroners and Justice Act 2009 (suspension

 

of investigations where certain criminal charges may be brought), in sub-

 

paragraph (6), in paragraph (d) of the definition of “homicide offence”, for

 

“(causing or allowing the death of a child or vulnerable adult)” substitute “of

 

causing or allowing the death of a child or vulnerable adult”.’.

 

Bill, as amended, to be reported.

 


 
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