Domestic Violence, Crime and Victims Act 2004

• (a) make proposals to the Secretary of State for Justice for amending the code (at the request of the Secretary of State for Justice or on his own initiative);

• (b) make a report to the Secretary of State for Justice;

• (c) make recommendations to an authority within his remit;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) consult any person he thinks appropriate.

• (3) If the Commissioner makes a report to the Secretary of State for Justice under subsection (2)(b)—

• (a) the Commissioner must send a copy of the report to the Attorney General and the Secretary of State for the Home Department;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Commissioner must prepare in respect of each calendar year a report on the carrying out of the functions of the Commissioner during the year.

• (5) The Commissioner must send a copy of each report prepared under subsection (4) to—

• (a) the Secretary of State for Justice,

• (b) the Attorney General, and

• (c) the Secretary of State for the Home Department.

• (6) Reports under subsection (2)(b) or (4) must be published by the Commissioner.

• (7) If section 48 comes into force after the beginning of a calendar year, the first report under subsection (4) may relate to a period beginning with the day on which that section comes into force and ending with the end of the next calendar year.

Advice

50

• (1) If he is required to do so by a Minister of the Crown, the Commissioner must give advice to the Minister of the Crown in connection with any matter which—

• (a) is specified by the Minister, and

• (b) relates to victims or witnesses.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In this section “Minister of the Crown” includes the Treasury.

Restrictions on exercise of functions

51

The Commissioner must not exercise any of his functions in relation to—

• (a) a particular victim or witness;

• (b) the bringing or conduct of particular proceedings;

• (c) anything done or omitted to be done by a person acting in a judicial capacity or on the instructions of or on behalf of such a person.

“Victims” and “witnesses”

52

• (1) This section applies for the purposes of sections 48 to 51.

• (2) “Victim” means—

• (a) a victim of an offence, or

• (b) a victim of anti-social behaviour.

• (3) It is immaterial for the purposes of subsection (2)(a) that—

• (a) no complaint has been made about the offence;

• (b) no person has been charged with or convicted of the offence.

• (4) “Witness” means a person (other than a defendant)—

• (a) who has witnessed conduct in relation to which he may be or has been called to give evidence in relevant proceedings;

• (b) who is able to provide or has provided anything which might be used or has been used as evidence in relevant proceedings; or

• (c) who is able to provide or has provided anything mentioned in subsection (5) (whether or not admissible in evidence in relevant proceedings).

• (5) The things referred to in subsection (4)(c) are—

• (a) anything which might tend to confirm, has tended to confirm or might have tended to confirm evidence which may be, has been or could have been admitted in relevant proceedings;

• (b) anything which might be, has been or might have been referred to in evidence given in relevant proceedings by another person;

• (c) anything which might be, has been or might have been used as the basis for any cross examination in the course of relevant proceedings.

• (6) For the purposes of subsection (4)—

• (a) a person is a defendant in relation to any criminal proceedings if he might be, has been or might have been charged with or convicted of an offence in the proceedings;

• (b) a person is a defendant in relation to any other relevant proceedings if he might be, has been or might have been the subject of an order made in those proceedings.

• (7) In subsections (4) to (6) “relevant proceedings” means—

• (a) criminal proceedings;

• (b) proceedings of any other kind in respect of anti-social behaviour.

• (8) For the purposes of this section—

• (a) “anti-social behaviour” means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household as the person;

• (b) a person is a victim of anti-social behaviour if the behaviour has caused him harassment, alarm or distress and he is not of the same household as the person who engages in the behaviour.

Authorities within Commissioner’s remit

53

• (1) For the purposes of this Part the authorities within the Commissioner’s remit are those specified in Schedule 9.

• (2) An authority specified in Schedule 9 that has functions in relation to an area outside England and Wales is within the Commissioner’s remit only to the extent that it discharges its functions in relation to England and Wales.

• (3) Subsection (2) does not apply in relation to the Foreign and Commonwealth Office.

• (4) The Secretary of State for Justice may by order amend Schedule 9 by—

• (a) adding an authority appearing to him to exercise functions of a public nature;

• (b) omitting an authority;

• (c) changing the description of an authority.

• (5) In preparing a draft of an order under subsection (4) the Secretary of State for Justice must consult the Attorney General and the Secretary of State for the Home Department.

Disclosure of information

Disclosure of information

54

• (1) A person may disclose information to a relevant authority for a purpose specified in subsection (2).

• (2) The purposes are purposes connected with any of these—

• (a) compliance with the code issued under section 32;

• (b) compliance with sections 35 to 44;

• (c) the carrying out of the functions of the Commissioner.

• (3) These are relevant authorities—

• (a) a person required to do anything under the code issued under section 32;

• (b) a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

• (ba) a provider of probation services,

• (c) the Commissioner;

• (d) an authority within the Commissioner’s remit.

• (4) The Secretary of State for Justice may by order—

• (a) amend subsection (2) by adding any purpose appearing to him to be connected with the assistance of victims of offences or anti-social behaviour, witnesses of offences or anti-social behaviour or other persons affected by offences or anti-social behaviour;

• (b) amend subsection (3) by adding any authority appearing to him to exercise functions of a public nature.

• (5) The reference in subsection (4)(a) to persons affected by offences does not include persons accused or convicted of offences.

• (6) The Secretary of State for Justice may exercise the power in subsection (4) only after consulting the Attorney General and the Secretary of State for the Home Department.

• (7) Nothing in this section authorises the making of a disclosure which contravenes the data protection legislation.

• (8) This section does not affect a power to disclose which exists apart from this section.

• (9) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

...

Victims' Advisory Panel

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants

Grants for assisting victims, witnesses etc

56

• (1) The Secretary of State may pay such grants to such persons as he considers appropriate in connection with measures which appear to him to be intended to assist victims, witnesses or other persons affected by offences.

• (2) The Secretary of State may make a grant under this section subject to such conditions as he considers appropriate.

• (3) In the application of this section to Northern Ireland, any reference in subsection (1) or (2) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland.

Criminal injuries compensation

Recovery of criminal injuries compensation from offenders

57

• (1) The Criminal Injuries Compensation Act 1995 (c. 53) is amended as follows.

• (2) After section 7 insert—

(7A) (1) The Secretary of State may, by regulations made by statutory instrument, make provision for the recovery from an appropriate person of an amount equal to all or part of the compensation paid in respect of a criminal injury. (2) An appropriate person is a person who has been convicted of an offence in respect of the criminal injury. (3) The amount recoverable from a person under the regulations must be determined by reference only to the extent to which the criminal injury is directly attributable to an offence of which he has been convicted. (4) The regulations may confer functions in respect of recovery on— (a) claims officers; (b) if a Scheme manager has been appointed, persons appointed by the Scheme manager under section 3(4)(a). (5) The regulations may not authorise the recovery of an amount in respect of compensation from a person to the extent that the compensation has been repaid in accordance with the Scheme. (7B) (1) If, under regulations made under section 7A(1), an amount has been determined as recoverable from a person, he must be given a notice (a “recovery notice”) in accordance with the regulations which— (a) requires him to pay that amount, and (b) contains the information mentioned in subsection (2). (2) The information is— (a) the reasons for the determination that an amount is recoverable from the person; (b) the basis on which the amount has been determined; (c) the way in which and the date before which the amount is required to be paid; (d) the means by which the amount may be recovered if it is not paid in accordance with the notice; (e) the grounds on which and the procedure by means of which he may seek a review if he objects to— (i) the determination that an amount is recoverable from him; (ii) the amount determined as recoverable from him. (3) The Secretary of State may by order made by statutory instrument amend subsection (2) by— (a) adding information; (b) omitting information; (c) changing the description of information. (7C) (1) Regulations under section 7A(1) shall include provision for the review, in such circumstances as may be prescribed by the regulations, of— (a) a determination that an amount is recoverable from a person; (b) the amount determined as recoverable from a person. (2) A person from whom an amount has been determined as recoverable under the regulations may seek such a review only on the grounds— (a) that he has not been convicted of an offence to which the injury is directly attributable; (b) that the compensation paid was not determined in accordance with the Scheme; (c) that the amount determined as recoverable from him was not determined in accordance with the regulations. (3) Any such review must be conducted by a person other than the person who made the determination under review. (4) The person conducting any such review may— (a) set aside the determination that the amount is recoverable; (b) reduce the amount determined as recoverable; (c) increase the amount determined as recoverable; (d) determine to take no action under paragraphs (a) to (c). (5) But the person conducting any such review may increase the amount determined as recoverable if (but only if) it appears to that person that the interests of justice require the amount to be increased. (7D) (1) An amount determined as recoverable from a person under regulations under section 7A(1) is recoverable from him as a debt due to the Crown if (but only if)— (a) he has been given a recovery notice in accordance with the regulations which complies with the requirements of section 7B, and (b) he has failed to pay the amount in accordance with the notice. (2) In any proceedings for the recovery of the amount from a person, it is a defence for the person to show— (a) that he has not been convicted of an offence to which the injury is directly attributable; (b) that the compensation paid was not determined in accordance with the Scheme; or (c) that the amount determined as recoverable from him was not determined in accordance with regulations under section 7A. (3) In any such proceedings, except for the purposes of subsection (2)(b), no question may be raised or finding made as to the amount that was, or ought to have been, the subject of an award. (4) For the purposes of section 9 of the Limitation Act 1980 (time limit for actions for sums recoverable by statute to run from date on which cause of action accrued) the cause of action to recover that amount shall be taken to have accrued— (a) on the date on which the compensation was paid; or (b) if later, on the date on which a person from whom an amount is sought to be recovered was convicted of an offence to which the injury is directly attributable. (5) If that person is convicted of more than one such offence and the convictions are made on different dates, the reference in subsection (4)(b) to the date on which he was convicted of such an offence shall be taken to be a reference to the earlier or earliest (as the case may be) of the dates on which he was convicted of such an offence.

.

• (3) In section 9(7) (financial provisions: sums payable into Consolidated Fund), after “section 3(1)(c)” insert “ , or by virtue of regulations made under section 7A(1), ”.

• (4) In section 11, after subsection (8) insert—

(8A) No regulations under section 7A(1) or order under section 7B(3) shall be made unless a draft of the regulations or order has been laid before Parliament and approved by a resolution of each House.

Part 4 — Supplementary

Amendments and repeals

58

• (1) Schedule 10 (minor and consequential amendments) has effect.

• (2) The provisions mentioned in Schedule 11 are repealed or revoked to the extent specified.

Transitional and transitory provisions

59

Schedule 12 (transitional and transitory provisions) has effect.

Commencement

60

The preceding provisions of this Act come into force in accordance with provision made by the Secretary of State by order.

Orders

61

• (1) An order under this Act—

• (a) may make different provision for different purposes;

• (b) may include supplementary, incidental, saving or transitional provisions.

• (2) Any power of the Secretary of State to make an order under this Act is exercisable by statutory instrument.

• (3) A statutory instrument containing an order under section 9(6) or 33(7) is subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) No order may be made under section 14(5), 53(4) or 54(4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

• (5) Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 .

• (6) An order made by the Department of Justice is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 ).

Extent

62

• (1) Subject to the following provisions of this section, Parts 1 to 3 extend to England and Wales only.

• (2) The following provisions extend also to Northern Ireland—

• section 5;

• section 9;

• sections 17 to 21;

• Schedule 1;

• section 56;

• (3) The following provisions extend to Northern Ireland only—

• section 7;

• section 10(2);

• section 13;

• section 23;

• section 46.

• (4) Nothing in subsection (1) affects the extent of section 8 or of any provision of section 6 or 6A as applied by section 8.

• (5) An amendment, repeal or revocation in Schedule 3, 7, 8, 10 or 11 has the same extent as the provision to which it relates.

Short title

63

This Act may be cited as the Domestic Violence, Crime and Victims Act 2004.

SCHEDULE 1

1

For section 18 substitute—

(18) (1) An application under section 17 must be determined— (a) at a preparatory hearing (within the meaning of the 1988 Order), or (b) at a hearing specified in, or for which provision is made by, Crown Court rules. (2) The parties to a hearing mentioned in subsection (1) at which an application under section 17 is to be determined must be given an opportunity to make representations with respect to the application. (3) Article 6(1) of the 1988 Order (which sets out the purposes of preparatory hearings) is to have effect as if the purposes there mentioned included the purpose of determining an application under section 17. (4) Article 8(11) of the 1988 Order (appeal to Court of Appeal) is to have effect as if it also provided for an appeal to the Court of Appeal to lie from the determination by a judge of an application under section 17. (5) In this section “the 1988 Order” means the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988. (18A) (1) An appeal shall lie to the Court of Appeal from the refusal by a judge at a hearing mentioned in section 18(1)(b) of an application under section 17 or from an order of a judge at such a hearing under section 17(2) which is made on the determination of such an application. (2) Such an appeal may be brought only with the leave of the judge or the Court of Appeal. (3) An order or a refusal of an application from which an appeal under this section lies is not to take effect— (a) before the expiration of the period for bringing an appeal under this section, or (b) if such an appeal is brought, before the appeal is finally disposed of or abandoned. (4) On the termination of the hearing of an appeal under this section, the Court of Appeal may— (a) where the appeal is from an order, confirm or revoke the order, or (b) where the appeal is from a refusal of an application, confirm the refusal or make the order which is the subject of the application. (5) In section 31(1) of the Criminal Appeal (Northern Ireland) Act 1980 (right of appeal to House of Lords) for “Act or” substitute “ Act, section 18A of the Domestic Violence, Crime and Victims Act 2004, ”. (6) In section 35 of that Act (bail) after “appeal under” insert “ section 18A of the Domestic Violence, Crime and Victims Act 2004, ”. (7) The Department of Justice may make an order containing provision, in relation to proceedings before the Court of Appeal under this section, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal (Northern Ireland) Act 1980 (subject to any specified modifications). (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (18B) (1) Sections 41 and 42 of the Criminal Procedure and Investigations Act 1996 are to apply in relation to— (a) a hearing of the kind mentioned in section 18(1)(b), and (b) any appeal or application for leave to appeal relating to such a hearing, as they apply in relation to a ruling under section 40 of that Act, but subject to the following modifications. (2) Section 41(2) of that Act is to have effect as if for paragraphs (a) to (d) there were substituted— (a) a hearing of the kind mentioned in section 18(1)(b) of the Domestic Violence, Crime and Victims Act 2004; (b) any appeal or application for leave to appeal relating to such a hearing. (3) Section 41(3) of that Act is to have effect as if— (a) for “(2)” there were substituted “ (2)(a) or an application to that judge for leave to appeal to the Court of Appeal ”, and (b) after “matter”, in the second place where it occurs, there were inserted “ or application ”. (4) Section 41 of that Act is to have effect as if after subsection (3) there were inserted— (3A) The Court of Appeal may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of— (a) an appeal to that Court, or (b) an application to that Court for leave to appeal. (3B) The House of Lords may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of— (a) an appeal to that House, or (b) an application to that House for leave to appeal. (5) Section 41(4) of that Act is to have effect as if for “(3) the judge” there were substituted “ (3), (3A) or (3B), the judge, the Court of Appeal or the House of Lords ”. (6) Section 41(5) of that Act is to have effect as if for “(3) the judge” there were substituted “ (3), (3A) or (3B), the judge, the Court of Appeal or the House of Lords ”.

2

In section 19(3) after “enactment” insert “ (including any provision of Northern Ireland legislation) ”.

3

In section 19(4)(b) for the words from “section” to “etc)” substitute “ section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980 (notice of appeal or application for leave) ”.

4

In section 19(5) for “section 18(2) of the Criminal Appeal Act 1968” substitute “ section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980 ”.

5

For section 19(7) substitute—

(7) Nothing in this section or section 17, 18, 18A, 18B or 20 affects the requirement under Article 49A of the Mental Health (Northern Ireland) Order 1986 that any question, finding or verdict mentioned in that Article be determined, made or returned by a jury.

6

For section 20(2) substitute—

(2) Without limiting subsection (1), rules of court may in particular make provision— (a) for time limits within which applications under section 17 must be made or within which other things in connection with that section or sections 18 to 19 must be done; (b) in relation to hearings of the kind mentioned in section 18(1)(b).

7

In section 20(3)—

• (a) after “section” insert “ or section 18(1)(b) ”;

• (b) after “enactment” insert “ (including any provision of Northern Ireland legislation) ”.

SCHEDULE 2

The following is the Schedule inserted before Schedule 2 to the Criminal Procedure (Insanity) Act 1964 (c. 84)—

SCHEDULE 3

Army Act 1955 (3 & 4 Eliz. 2 c. 18) and Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Naval Discipline Act 1957 (c. 53)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Courts-Martial (Appeals) Act 1968 (c. 20)

6

The Courts-Martial (Appeals) Act 1968 is amended as follows.

7

For section 16 substitute—

(16) (1) This section applies where, on an appeal against conviction, the Appeal Court, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of opinion— (a) that the proper finding would have been one of not guilty by reason of insanity; or (b) that the case is not one where there should have been a finding of not guilty, but that there should have been findings that the accused was unfit to stand trial and that he did the act or made the omission charged against him. (2) The Appeal Court shall make in respect of the appellant— (a) a hospital order (with or without a restriction order); (b) a supervision order; or (c) an order for his absolute discharge. (3) Where— (a) the offence to which the appeal relates is an offence the sentence for which is fixed by law, and (b) the Appeal Court have power to make a hospital order, the Appeal Court shall make a hospital order with a restriction order (whether or not they would have power to make a restriction order apart from this subsection). (4) The provisions of, or made under, the sections specified below shall apply (with any necessary modifications) in relation to the Appeal Court as they apply in relation to a court-martial. The sections are— (c) where the relevant Service Act is the Army Act, sections 116B to 116D of that Act; (d) where the relevant Service Act is the Air Force Act, sections 116B to 116D of that Act; (e) where the relevant Service Act is the Naval Discipline Act, sections 63B to 63D of that Act. (5) Where the Appeal Court make an interim hospital order by virtue of this section— (a) the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by a judicial officer and not by the Appeal Court; and (b) section 38(7) of the Mental Health Act 1983 (absconding offenders) shall have effect as if the reference to the court that made the order were a reference to a judicial officer. (6) Where the Appeal Court make a supervision order by virtue of this section, any power of revoking or amending it shall be exercisable by a judicial officer and not by the Appeal Court.

8

In section 21 (appeal against finding of not guilty by reason of insanity), in subsection (1), after “except” insert “ section 8(2) and ”.

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

• (1) Section 24 (appeal against finding of unfitness to stand trial) is amended as follows.

• (2) In subsection (1)—

• (a) for “his trial” substitute “ trial and to have done the act or made the omission charged against him ”;

• (b) for “the finding” substitute “ either or both of those findings ”.

• (3) In subsection (2), after “except” insert “ section 8(2) and ”.

12

For section 25 substitute—

(25) (1) This section applies to appeals under section 24 of this Act. (2) Where the Appeal Court allow an appeal against a finding that the appellant is unfit to stand trial— (a) the appellant may be tried accordingly for the offence with which he was charged; and (b) the Court may make such orders as appear to them necessary or expedient pending any such trial for the custody, release or continued detention of the appellant. (3) Where, otherwise than in a case falling within subsection (2) above, the Appeal Court allow an appeal against a finding that the appellant did the act or made the omission charged against him, the Court shall, in addition to quashing the finding, direct a finding of not guilty to be recorded (but not a finding of not guilty by reason of insanity).

13

After that section insert—

(25A) (1) A person in whose case a court-martial— (a) makes a hospital order or interim hospital order by virtue of the relevant Service Act, or (b) makes a supervision order under the relevant Service Act, may appeal to the Appeal Court against the order. (2) An appeal under this section lies only with the leave of the Appeal Court. (25B) (1) If on an appeal under section 25A of this Act the Appeal Court consider that the appellant should be dealt with differently from the way in which the court below dealt with him— (a) they may quash any order which is the subject of the appeal; and (b) they may make such order, whether by substitution for the original order or by variation of or addition to it, as they think appropriate for the case and as the court below had power to make. (2) The fact that an appeal is pending against an interim hospital order under the Mental Health Act 1983 shall not affect the power of the court below to renew or terminate the order or deal with the appellant on its termination. (3) Where the Appeal Court make an interim hospital order by virtue of this section— (a) the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by a judicial officer and not by the Appeal Court; and (b) section 38(7) of the said Act of 1983 (absconding offenders) shall have effect as if the reference to the court that made the order were a reference to a judicial officer. (4) The fact that an appeal is pending against a supervision order under the relevant Service Act shall not affect any power conferred on any other court to revoke or amend the order. (5) Where the Appeal Court make a supervision order by virtue of this section, any power of revoking or amending it shall be exercisable by a judicial officer and not by the Appeal Court.

14

• (1) Section 57 (interpretation) is amended as follows.

• (2) In subsection (1) insert at the relevant places—

“duly approved” means approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis and treatment of mental disorder (within the meaning of that Act);

;

“hospital order” has the meaning given in section 37 of the Mental Health Act 1983;

;

“interim hospital order” has the meaning given in section 38 of that Act;

;

“judicial officer” has the same meaning as in the relevant Service Act;

;

“restriction order” has the meaning given to it by section 41 of the Mental Health Act 1983;

;

“supervision order” means an order which requires the person in respect of whom it is made to be under the supervision of another person for a period specified in the order of not more than two years.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

The following is the Schedule inserted after Schedule 4 to the Magistrates' Courts Act 1980 (c. 43)—

SCHEDULE 5

Interpretation

1

In this Schedule—

• “the Sentencing Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

• “the 2003 Act” means the Criminal Justice Act 2003 (c. 44).

Detention and training orders

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspended sentence supervision orders

3

• (1) Section 123 of the Sentencing Act (breach of requirement of suspended sentence supervision order) is amended as follows.

• (2) In subsection (1) (issue of summons or warrant by justice of the peace) omit the words “acting for the local justice area for the time being specified in the order”.

• (3) For subsection (2) substitute—

(2) Any summons or warrant issued under this section shall direct the offender to appear or be brought— (a) before a magistrates' court for the local justice area in which the offender resides; or (b) if it is not known where the offender resides, before a magistrates' court acting in the local justice area for the time being specified in the suspended sentence supervision order.

• (4) After subsection (4) insert—

(5) Where a magistrates' court dealing with an offender under this section would not otherwise have the power to amend the suspended sentence supervision order under section 124(3) below (amendment by reason of change of residence), that provision has effect as if the reference to a magistrates' court acting in the local justice area for the time being specified in the suspended sentence supervision order were a reference to the court dealing with the offender.

Community orders under the Sentencing Act

4

• (1) Schedule 3 to the Sentencing Act (breach, revocation and amendment of certain community orders), as it has effect on the day on which this Act is passed, is amended as follows.

• (2) In paragraph 3(1) (issue of summons or warrant by justice of the peace) omit the words “ acting in the local justice area concerned”.

• (3) In paragraph 3(2) (court before which offender to appear or be brought), for paragraph (c) substitute—

(c) in the case of a relevant order which is not an order to which paragraph (a) or (b) applies, before a magistrates' court acting in the local justice area in which the offender resides or, if it is not known where he resides, before a magistrates' court acting in the local justice area concerned.

• (4) In paragraph 4 (powers of magistrates' court to deal with breach), after sub-paragraph (3) insert—

(3A) Where a magistrates' court dealing with an offender under sub-paragraph (1)(a), (b) or (c) above would not otherwise have the power to amend the relevant order under paragraph 18 below (amendment by reason of change of residence), that paragraph has effect as if the reference to a magistrates' court acting in the local justice area concerned were a reference to the court dealing with the offender.

Curfew orders and exclusion orders

5

• (1) Schedule 3 to the Sentencing Act (breach, revocation and amendment of curfew orders and exclusion orders), as substituted by paragraph 125 of Schedule 32 to the 2003 Act, is amended as follows.

• (2) In paragraph 3(1) (issue of summons or warrant by justice of the peace) omit the words “ acting in the local justice area concerned”.

• (3) In paragraph 3(2) (court before which offender to appear or be brought), for paragraph (b) substitute—

(b) in the case of a relevant order which is not an order to which paragraph (a) above applies, before a magistrates' court acting in the local justice area in which the offender resides or, if it is not known where he resides, before a magistrates' court acting in the local justice area concerned.

• (4) In paragraph 4 (powers of magistrates' court to deal with breach), after sub-paragraph (4) insert—

(4A) Where a magistrates' court dealing with an offender under sub-paragraph (2)(a) or (b) above would not otherwise have the power to amend the relevant order under paragraph 15 below (amendment by reason of change of residence), that paragraph has effect as if the reference to a magistrates' court acting in the local justice area concerned were a reference to the court dealing with the offender.

Attendance centre orders

6

• (1) Schedule 5 to the Sentencing Act (breach, revocation and amendment of attendance centre orders) is amended as follows.

• (2) In paragraph 1(1) (issue of summons or warrant by justice of the peace), omit the words—

• (a) “acting for a relevant local justice area”;

• (b) “before a magistrates' court acting in the area”;

• (c) “requiring him to be brought before such a court”.

• (3) For paragraph 1(2) substitute—

(2) Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought— (a) before a magistrates' court acting in the local justice area in which the offender resides; or (b) if it is not known where the offender resides, before a magistrates' court acting in the local justice area in which is situated the attendance centre which the offender is required to attend by the order or by virtue of an order under paragraph 5(1)(b) below.

• (4) In paragraph 2 (powers of magistrates' court to deal with breach), after sub-paragraph (5) insert—

(5A) Where a magistrates' court dealing with an offender under sub-paragraph (1)(a) above would not otherwise have the power to amend the order under paragraph 5(1)(b) below (substitution of different attendance centre), that paragraph has effect as if references to an appropriate magistrates' court were references to the court dealing with the offender.

Community orders under the 2003 Act

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspended sentence orders under the 2003 Act

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local justice areas

10

The power conferred by section 109(5)(b) of the Courts Act 2003 (c. 39) to amend or repeal any enactment, other than one contained in an Act passed in a later session, includes power to amend any such enactment as amended by this Schedule, but only for the purpose of making consequential provision in connection with the establishment of local justice areas under section 8 of that Act.

SCHEDULE 6

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

1

The Parliamentary Commissioner Act 1967 (c. 13) is amended as follows.

2

• (1) Section 5 (matters subject to investigation) is amended as follows.

• (2) After subsection (1) insert—

(1A) Subsection (1C) of this section applies if— (a) a written complaint is duly made to a member of the House of Commons by a member of the public who claims that a person has failed to perform a relevant duty owed by him to the member of the public, and (b) the complaint is referred to the Commissioner, with the consent of the person who made it, by a member of the House of Commons with a request to conduct an investigation into it. (1B) For the purposes of subsection (1A) of this section a relevant duty is a duty imposed by any of these— (a) a code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004 (code of practice for victims), or (b) sections 35 to 44 of that Act (duties of local probation boards in connection with victims of sexual or violent offences). (1C) If this subsection applies, the Commissioner may investigate the complaint.

• (3) In subsection (3) for “investigation under this Act” substitute “ investigation under subsection (1) of this section ”.

• (4) After subsection (4) insert—

(4A) Without prejudice to subsection (2) of this section, the Commissioner shall not conduct an investigation pursuant to a complaint under subsection (1A) of this section in respect of— (a) action taken by or with the authority of the Secretary of State for the purposes of protecting the security of the State, including action so taken with respect to passports, or (b) any action or matter described in any of paragraphs 1 to 4 and 6A to 11 of Schedule 3 to this Act. (4B) Her Majesty may by Order in Council amend subsection (4A) of this section so as to exclude from paragraph (a) or (b) of that subsection such actions or matters as may be described in the Order. (4C) Any statutory instrument made by virtue of subsection (4B) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3

• (1) Section 7 (procedure in respect of investigations) is amended as follows.

• (2) In subsection (1) after “complaint under” insert “ section 5(1) of ”.

• (3) After subsection (1) insert—

(1A) Where the Commissioner proposes to conduct an investigation pursuant to a complaint under section 5(1A) of this Act, he shall give the person to whom the complaint relates an opportunity to comment on any allegations contained in the complaint.

• (4) In subsection (2) for “such investigation” substitute “ investigation under this Act ”.

• (5) In subsection (4)—

• (a) after “authority concerned” insert “ or the person to whom the complaint relates ”;

• (b) for “that department or authority” substitute “ that department, authority or person ”.

4

• (1) Section 8 (evidence) is amended as follows.

• (2) In subsection (1) after “investigation under” insert “ section 5(1) of ”.

• (3) After subsection (1) insert—

(1A) For the purposes of an investigation pursuant to a complaint under section 5(1A) of this Act the Commissioner may require any person who in his opinion is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document.

• (4) In subsection (2) for “such investigation” substitute “ investigation under this Act ”.

5

• (1) Section 10 (reports by Commissioner) is amended as follows.

• (2) In subsection (2), after “investigation under” insert “ section 5(1) of ”.

• (3) After subsection (2) insert—

(2A) In any case where the Commissioner conducts an investigation pursuant to a complaint under section 5(1A) of this Act, he shall also send a report of the results of the investigation to the person to whom the complaint relates.

• (4) In subsection (3) after “investigation under” insert “ section 5(1) of ”.

• (5) After subsection (3) insert—

(3A) If, after conducting an investigation pursuant to a complaint under section 5(1A) of this Act, it appears to the Commissioner that— (a) the person to whom the complaint relates has failed to perform a relevant duty owed by him to the person aggrieved, and (b) the failure has not been, or will not be, remedied, the Commissioner may, if he thinks fit, lay before each House of Parliament a special report upon the case. (3B) For the purposes of subsection (3A) of this section “relevant duty” has the meaning given by section 5(1B) of this Act.

• (6) In subsection (5)(d) after “subsection (2)” insert “ or (2A) ”.

6

In section 12(1) (interpretation) for the definition of “person aggrieved” substitute—

“person aggrieved”— (a) in relation to a complaint under section 5(1) of this Act, means the person who claims or is alleged to have sustained such injustice as is mentioned in section 5(1)(a) of this Act; (b) in relation to a complaint under section 5(1A) of this Act, means the person to whom the duty referred to in section 5(1A)(a) of this Act is or is alleged to be owed;

.

SCHEDULE 8

Deputy Commissioner

1

• (1) The Secretary of State for Justice must appoint a Deputy Commissioner for Victims and Witnesses (referred to in this Schedule as the Deputy Commissioner).

• (2) Before appointing the Deputy Commissioner the Secretary of State for Justice must consult the Attorney General and the Secretary of State for the Home Department as to the person to be appointed.

• (3) The Deputy Commissioner must act as the Commissioner—

• (a) during any period when the office of Commissioner is vacant;

• (b) at any time when the Commissioner is absent or is unable to act.

• (4) The Deputy Commissioner is not to be regarded—

• (a) as the servant or agent of the Crown, or

• (b) as enjoying any status, immunity or privilege of the Crown.

Terms of appointment

2

• (1) This paragraph applies in relation to a person appointed as the Commissioner or the Deputy Commissioner.

• (2) The period for which the person is appointed must not exceed 5 years.

• (3) Subject to sub-paragraph (4), the person is eligible for re-appointment.

• (4) The person must not hold office for more than 10 years in total.

• (5) The person may at any time resign from office by giving notice in writing to the Secretary of State for Justice.

• (6) The Secretary of State for Justice may at any time remove the person from office if he is satisfied that the person—

• (a) has become bankrupt, has had his estate sequestrated or has made a composition or arrangement with, or granted a trust deed for, his creditors, or

• (b) is otherwise unable or unfit to carry out his functions.

• (7) The Secretary of State for Justice must consult the Attorney General and the Secretary of State for the Home Department before removing the person from office.

• (8) Subject to sub-paragraphs (2) to (7), the person holds office on the terms specified by the Secretary of State for Justice after consulting the Attorney General and the Secretary of State for the Home Department.

Staff

3

• (1) The Commissioner may appoint such persons as members of his staff as he thinks fit.

• (2) The Commissioner must obtain the approval of the Secretary of State to—

• (a) the number of persons appointed as members of his staff, and

• (b) their terms and conditions of service.

• (3) No member of the staff of the Commissioner is to be regarded—

• (a) as the servant or agent of the Crown, or

• (b) as enjoying any status, immunity or privilege of the Crown.

Delegation

4

The Commissioner may authorise any member of his staff or the Deputy Commissioner to carry out any of his functions.

Pensions

5

• (1) Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment and offices to which a scheme under section 1 of that Act may apply) is amended as set out in sub-paragraphs (2) and (3).

• (2) At the end of the list headed “Other Bodies” insert— “ Employment as a member of the staff of the Commissioner for Victims and Witnesses. ”

• (3) In the list headed “Offices”, in the appropriate places, insert— “ Commissioner for Victims and Witnesses. ” “ Deputy Commissioner for Victims and Witnesses. ”

• (4) The Secretary of State must pay to the Minister for the Civil Service, at such times as the Minister for the Civil Service may direct, such sums as the Minister for the Civil Service may determine in respect of the increase attributable to sub-paragraphs (1) to (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Finance

6

The Secretary of State must pay—

• (a) the remuneration of the Commissioner and the Deputy Commissioner;

• (b) such sums as he thinks fit in respect of the expenses of the Commissioner and the Deputy Commissioner.

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;

• (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;

• (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).

• (2) In preparing the plan, the Commissioner must consider whether to deal in the plan with any issues specified by the Secretary of State for Justice.

• (3) The Commissioner must send a copy of the plan to the Secretary of State for Justice for his approval.

• (4) The Secretary of State for Justice must consult the Attorney General and the Secretary of State for the Home Department in deciding whether to approve the plan.

• (5) If the Secretary of State for Justice 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 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.

• (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 for Justice,

• (b) the Attorney General, and

• (c) the Secretary of State for the Home Department.

• (4) The Secretary of State for Justice must—

• (a) lay a copy of the report before Parliament;

• (b) arrange for the report to be published.

Disqualification Acts

10

• (1) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (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 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”

11

In this Schedule “financial year” means—

• (a) the period beginning on the day on which section 48 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.

SCHEDULE 9

Government departments

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The Department of Health and Social Care.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

The Department for Transport.

6

The Department for Work and Pensions.

7

The Foreign and Commonwealth Office.

8

The Home Office.

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Customs and Excise

10

The Commissioners of Customs and Excise.

Police forces etc

11

A police force for a police area in England or Wales.

12

The Serious Fraud Office.

13

The National Crime Agency .

14

The National Crime Squad.

15

The force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix).

16

The Ministry of Defence Police.

Criminal injuries compensation

17

The Persons exercising functions relating to the carrying on of the business of the First-tier Tribunal in respect of appeals under the Criminal Injuries Compensation Scheme by virtue of section 5(1) of the Criminal Injuries Compensation Act 1995.

18

The Criminal Injuries Compensation Authority.

Health and safety

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

The Health and Safety Executive.

Legal services

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court administration

22

Persons exercising functions relating to the carrying on of the business of a court.

Criminal justice system

23

The Criminal Cases Review Commission.

24

The Crown Prosecution Service.

25

A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43).

26

The Parole Board.

27

The Prison Service.

28

The Youth Justice Board for England and Wales.

29

A youth offending team established under section 39 of the Crime and Disorder Act 1998 (c. 37).

Maritime and coastguards

30

The Maritime and Coastguard Agency.

SCHEDULE 10

Colonial Prisoners Removal Act 1884 (c. 31)

1

In section 10 of the Colonial Prisoners Removal Act 1884 (application of Act to removal of criminal lunatics), in subsection (3), in paragraph (a) for the 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 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— “ 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—

“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 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 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 ”.

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

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 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).

• (3) In subsection (6) omit “, (b)”.

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;

.

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 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 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 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)

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 ”.

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—

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 (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— (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 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)—

• (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)—

• (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 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.

• (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.

• (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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prosecution of Offences Act 1985 (c. 23)

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 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, 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 (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 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 (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))

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 (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 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)

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 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 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 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 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 by subsection (2)(b).

• (3) In subsection (5)(a) omit the words from “or” to “made”.

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) 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 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 ”.

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 ”.

• (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 (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) 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 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 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.

• (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)

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

• (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, (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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

• (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 provision made by section 12(1) above).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

In section 142(1) of that Act (power of Crown Court to order search of persons before it)—

• (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 ”.

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 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.

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) 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;

;

• (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 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 (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 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 (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.

• (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—

(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)

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 ”.

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 (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 modifications as the Secretary of State may by order specify.

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 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 purposes of section 229(4)), in Part 1 (specified violent offences), after 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).

SCHEDULE 11

SCHEDULE 12

1

• (1) Section 1 and paragraphs 37 to 39 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 2 May 2022, the reference to the general limit in a magistrates’ court in subsection (5)(b) of section 42A of the Family Law Act 1996 (inserted by 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 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

• (b) the accused is charged in the same proceedings with an offence under section 5 above in respect of the same death.

• (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

• (1) Section 12(1) and paragraphs 43(3) and 48 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 43(2) and 44 of Schedule 10 do not apply where 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 47(3) of Schedule 10 do not apply where the conviction occurs before the commencement of those provisions.

• (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 47(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 provisions.

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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, 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.

• (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 21, 45, 60 and 61 of Schedule 10

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.

10

Each entry in Schedule 11 applies in the same way as the provision of this Act to which it corresponds.

Breach of non-molestation order to be a criminal offence

Additional considerations if parties are cohabitants or former cohabitants

Extension of Part 4 of 1996 Act to non-cohabiting couples

The offence

Restraining orders: England and Wales

Increase in maximum on-the-spot penalty for disorderly behaviour

Increase in maximum on-the-spot penalty for disorderly behaviour

Surcharge payable on conviction

Higher fixed penalty for repeated road traffic offences

Effect of order under section 17(2)

Effect of order under section 17(2)

Application of sections 17 to 20 to Northern Ireland

Application of sections 17 to 20 to Northern Ireland

Procedure for determining fitness to plead: England and Wales

Procedure for determining fitness to be tried: Northern Ireland

Powers of court on finding of insanity or unfitness to plead etc

Courts-martial etc

Information

Victims of mentally disordered persons

Victims of mentally disordered persons

36A

• (1) This section applies if, in a case where section 36 applies, the hospital order in respect of the patient was made without a restriction order.

• (2) Subsection (3) applies if a person who appears to the local probation board or provider of probation services mentioned in section 36(4) to be the victim of the offence or to act for the victim of the offence, when his wishes are ascertained under section 36(4), expresses a wish—

• (a) to make representations about a matter specified in section 36(5), or

• (b) to receive the information specified in section 36(6).

• (3) The local probation board or the provider of probation services must—

• (a) notify the managers of the hospital in which the patient is detained of that person's wish and of that person's name and address, and

• (b) notify that person of the name and address of the hospital.

• (4) Subsection (5) applies if a person who appears to the local probation board or provider of probation services mentioned in section 36(4) to be the victim of the offence or to act for the victim of the offence, subsequently to his wishes being ascertained under section 36(4), expresses a wish to do something specified in subsection (2)(a) or (b).

• (5) The local probation board or provider of probation services mentioned in section 36(4) must take all reasonable steps—

• (a) to ascertain whether the hospital order made in respect of the patient continues in force and whether a community treatment order is in force in respect of him, and

• (b) if the board or provider ascertains that the hospital order does continue in force—

• (i) to notify the managers of the relevant hospital of that person's wish, and

• (ii) to notify that person of the name and address of the hospital.

• (6) The relevant hospital is—

• (a) the hospital in which the patient is detained, or

• (b) if a community treatment order is in force in respect of the patient, the responsible hospital.

37A

• (1) This section applies if, in a case where section 36 applies, the hospital order in respect of the patient was made without a restriction order.

• (2) Subsection (3) applies if—

• (a) a person makes representations about a matter specified in section 36(5) to the managers of the relevant hospital, and

• (b) it appears to the managers that the person is the victim of the offence or acts for the victim of the offence.

• (3) The managers must forward the representations to the persons responsible for determining the matter.

• (4) The responsible clinician must inform the managers of the relevant hospital if he is considering making—

• (a) an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983,

• (b) a community treatment order in respect of the patient, or

• (c) an order under section 17B(4) of the Mental Health Act 1983 to vary the conditions specified in a community treatment order in force in respect of the patient.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the managers of the relevant hospital if—

• (a) an application is made to the tribunal under section 66 or 69 of the Mental Health Act 1983, or

• (b) the patient's case is referred to the tribunal under section 67 of that Act.

• (7) Subsection (8) applies if—

• (a) the managers of the relevant hospital receive information under subsection (4)... or (6), and

• (b) a person who appears to the managers to be the victim of the offence or to act for the victim of the offence—

• (i) when his wishes were ascertained under section 36(4), expressed a wish to make representations about a matter specified in section 36(5), or

• (ii) has made representations about such a matter to the managers of the hospital in which the patient was, at the time in question, detained.

• (8) The managers of the relevant hospital must provide the information to the person.

• (9) The relevant hospital has the meaning given in section 36A(6).

38A

• (1) This section applies if, in a case where section 36 applies, the hospital order in respect of the patient was made without a restriction order.

• (2) The responsible clinician must inform the managers of the relevant hospital—

• (a) whether he is to make an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983;

• (b) whether he is to make a community treatment order in respect of the patient;

• (c) if a community treatment order is to be made in respect of the patient, what conditions are to be specified in the order;

• (d) if a community treatment order is in force in respect of the patient, of any variation to be made under section 17B(4) of the Mental Health Act 1983 of the conditions specified in the order;

• (e) if a community treatment order in respect of the patient is to cease to be in force, of the date on which it is to cease to be in force;

• (f) if, following the examination of the patient under section 20 of the Mental Health Act 1983, it does not appear to the responsible clinician that the conditions set out in subsection (4) of that section are satisfied, of the date on which the authority for the patient's detention is to expire.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Subsection (5) applies if—

• (a) an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 66 or 69 of the Mental Health Act 1983,

• (b) the patient's case is referred to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 67 of that Act, or

• (c) the managers of the relevant hospital refer the patient's case to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 68 of that Act.

• (5) The tribunal must inform the managers of the relevant hospital if it directs that the patient is to be discharged.

• (6) Subsection (7) applies if a person who appears to the managers of the relevant hospital to be the victim of the offence or to act for the victim of the offence—

• (a) when his wishes were ascertained under section 36(4), expressed a wish to receive the information specified in section 36(6), or

• (b) has subsequently informed the managers of the relevant hospital that he wishes to receive that information.

• (7) The managers of the relevant hospital order must take all reasonable steps—

• (a) to inform that person whether the patient is to be discharged under section 23 or 72 of the Mental Health Act 1983;

• (b) to inform that person whether a community treatment order is to be made in respect of the patient;

• (c) if a community treatment order is to be made in respect of the patient and is to specify conditions which relate to contact with the victim or his family, to provide that person with details of those conditions;

• (d) if a community treatment order is in force in respect of the patient and the conditions specified in the order are to be varied under section 17B(4) of the Mental Health Act 1983, to provide that person with details of any variation which relates to contact with the victim or his family;