- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Domestic Violence, Crime and Victims Act 2004, Chapter 1 is up to date with all changes known to be in force on or before 12 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The Secretary of State [F1for Justice] must issue a code of practice as to the services to be provided to a victim of criminal conduct by persons appearing to him to have functions relating to—
(a)victims of criminal conduct, or
(b)any aspect of the criminal justice system.
(2)The code may restrict the application of its provisions to—
(a)specified descriptions of victims;
(b)victims of specified offences or descriptions of conduct;
(c)specified persons or descriptions of persons appearing to the Secretary of State [F1for Justice] to have functions of the kind mentioned in subsection (1).
(3)The code may include provision requiring or permitting the services which are to be provided to a victim to be provided to one or more others—
(a)instead of the victim (for example where the victim has died);
(b)as well as the victim.
(4)The code may make different provision for different purposes, including different provision for—
(a)different descriptions of victims;
(b)persons who have different functions or descriptions of functions;
(c)different areas.
(5)The code may not require anything to be done by—
(a)a person acting in a judicial capacity;
(b)a person acting in the discharge of a function of a member of the Crown Prosecution Service which involves the exercise of a discretion.
(6)In determining whether a person is a victim of criminal conduct for the purposes of this section, it is immaterial that no person has been charged with or convicted of an offence in respect of the conduct.
(7)In this section—
“criminal conduct” means conduct constituting an offence;
“specified” means specified in the code.
Textual Amendments
F1Words in s. 32 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(2)
Modifications etc. (not altering text)
C1S. 32: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(a) (with art. 7)
(1)Subsections (2) to (7) apply in relation to a code of practice required to be issued under section 32.
(2)The Secretary of State [F2for Justice] must prepare a draft of the code.
(3)In preparing the draft the Secretary of State [F2for Justice] must consult the Attorney General and the [F3Secretary of State for the Home Department].
(4)After preparing the draft the Secretary of State [F2for Justice] must—
(a)publish the draft;
(b)specify a period during which representations about the draft may be made to him.
(5)The Secretary of State [F2for Justice] must—
(a)consider in consultation with the Attorney General and the [F3Secretary of State for the Home Department] any representations made to him before the end of the specified period about the draft;
(b)if he thinks it appropriate, modify the draft in the light of any such representations.
(6)After the Secretary of State [F2for Justice] has proceeded under subsection (5) he must lay the code before Parliament.
(7)When he has laid the code before Parliament the Secretary of State [F2for Justice] must bring it into operation on such day as he appoints by order.
(8)The Secretary of State [F2for Justice] may from time to time revise a code previously brought into operation under this section; and subsections (2) to (7) apply to a revised code as they apply to the code as first prepared.
(9)But the Secretary of State [F2for Justice] may revise a code under subsection (8) only if it appears to him that the proposed revisions would not result in—
(a)a significant reduction in the quality or extent of the services to be provided under the code, or
(b)a significant restriction in the description of persons to whom services are to be provided under the code.
Textual Amendments
F2Words in s. 33 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(2)
F3Words in s. 33 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(3)
Modifications etc. (not altering text)
C2S. 33: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(a), 5(2)(a) (with art. 7)
(1)If a person fails to perform a duty imposed on him by a code issued under section 32, the failure does not of itself make him liable to criminal or civil proceedings.
(2)But the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to comply with the code in determining a question in the proceedings.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys