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Domestic Violence, Crime and Victims Act 2004, SCHEDULE 3 is up to date with all changes known to be in force on or before 01 September 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):
Section 26
1E+WF1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 3 paras. 1-5 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)
2E+WF2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 3 paras. 1-5 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)
3E+WF3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 3 paras. 1-5 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)
4E+WF4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 3 paras. 1-5 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)
5E+WF5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 3 paras. 1-5 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)
6E+WThe Courts-Martial (Appeals) Act 1968 is amended as follows.
7E+WFor section 16 substitute—
(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.”
8E+WIn section 21 (appeal against finding of not guilty by reason of insanity), in subsection (1), after “except” insert “ section 8(2) and ”.
9E+WF6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 3 para. 9 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)
10E+WF7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 3 para. 10 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)
11(1)Section 24 (appeal against finding of unfitness to stand trial) is amended as follows.E+W
(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 ”.
12E+WFor section 25 substitute—
(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).”
13E+WAfter that section insert—
(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.
(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.E+W
(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)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 3 para. 14(3) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)
15E+WF9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Sch. 3 para. 15 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)
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