Domestic Violence, Crime and Victims Act 2004

SCHEDULES

Yn ddilys o 08/01/2007

Section 21

SCHEDULE 1 E+W+N.I. Modification of sections 17 to 20 for Northern Ireland

1 For section 18 substitute—

“18 Procedure for applications under section 17

“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 Appeals in respect of hearings under section 18(1)(b)

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 Secretary of State 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) A statutory instrument containing an order under subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament.

18B Reporting restrictions

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 E+W+N.I. In section 19(3) after “enactment” insert “ (including any provision of Northern Ireland legislation) ”.

3 E+W+N.I. 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 E+W+N.I. 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 E+W+N.I. 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 E+W+N.I. 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 E+W+N.I. In section 20(3)—

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

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

Section 24

SCHEDULE 2 E+W Supervision orders on finding of insanity or unfitness to plead etc

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

Section 5A

“SCHEDULE 1A E+W Supervision orders

Part 1 E+W Preliminary

1 (1) In this Schedule “supervision order” means an order which requires the person in respect of whom it is made (“the supervised person”) to be under the supervision of a social worker or an officer of a local probation board (“the supervising officer”) for a period specified in the order of not more than two years.

(2) A supervision order may, in accordance with paragraph 4 or 5 below, require the supervised person to submit, during the whole of that period or such part of it as may be specified in the order, to treatment by or under the direction of a registered medical practitioner.

(3) The Secretary of State may by order direct that sub-paragraph (1) above shall be amended by substituting, for the period for the time being specified there, such period as may be specified in the order.

(4) An order under sub-paragraph (3) above may make in paragraph 11(2) below any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.

(5) The power of the Secretary of State to make orders under sub-paragraph (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part 2 E+W Making and effect of orders

Circumstances in which orders may be made E+W

2 (1) The court shall not make a supervision order unless it is satisfied that, having regard to all the circumstances of the case, the making of such an order is the most suitable means of dealing with the accused or appellant.

(2) The court shall not make a supervision order unless it is also satisfied—

(a) that the supervising officer intended to be specified in the order is willing to undertake the supervision; and

(b) that arrangements have been made for the treatment intended to be specified in the order.

Making of orders and general requirements E+W

3 (1) A supervision order shall either—

(a) specify the local social services authority area in which the supervised person resides or will reside, and require him to be under the supervision of a social worker of the local social services authority for that area; or

(b) specify the local justice area in which that person resides or will reside, and require him to be under the supervision of an officer of a local probation board appointed for or assigned to that area.

(2) Before making such an order, the court shall explain to the supervised person in ordinary language—

(a) the effect of the order (including any requirements proposed to be included in the order in accordance with paragraph 4, 5 or 8 below); and

(b) that a magistrates' court has power under paragraphs 9 to 11 below to review the order on the application either of the supervised person or of the supervising officer.

(3) After making such an order, the court shall forthwith give copies of the order to an officer of a local probation board assigned to the court, and he shall give a copy—

(a) to the supervised person; and

(b) to the supervising officer.

(4) After making such an order, the court shall also send to the designated officer for the local justice area in which the supervised person resides or will reside (“the local justice area concerned”)—

(a) a copy of the order; and

(b) such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.

(5) Where such an order is made, the supervised person shall keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.

Requirements as to medical treatment E+W

4 (1) A supervision order may, if the court is satisfied as mentioned in sub-paragraph (2) below, include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a registered medical practitioner with a view to the improvement of his mental condition.

(2) The court may impose such a requirement only if satisfied on the written or oral evidence of two or more registered medical practitioners, at least one of whom is duly registered, that the mental condition of the supervised person—

(a) is such as requires and may be susceptible to treatment; but

(b) is not such as to warrant the making of a hospital order within the meaning of the Mental Health Act 1983.

(3) The treatment required under this paragraph by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say—

(a) treatment as a non-resident patient at such institution or place as may be specified in the order; and

(b) treatment by or under the direction of such registered medical practitioner as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.

Requirements as to medical treatment E+W

5 (1) This paragraph applies where the court is satisfied on the written or oral evidence of two or more registered medical practitioners that—

(a) because of his medical condition, other than his mental condition, the supervised person is likely to pose a risk to himself or others; and

(b) the condition may be susceptible to treatment.

(2) The supervision order may (whether or not it includes a requirement under paragraph 4 above) include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a registered medical practitioner with a view to the improvement of the condition.

(3) The treatment required under this paragraph by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say—

(a) treatment as a non-resident patient at such institution or place as may be specified in the order; and

(b) treatment by or under the direction of such registered medical practitioner as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.

Requirements as to medical treatment E+W

6 (1) Where the medical practitioner by whom or under whose direction the supervised person is being treated in pursuance of a requirement under paragraph 4 or 5 above is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—

(a) is not specified in the order, and

(b) is one in or at which the treatment of the supervised person will be given by or under the direction of a registered medical practitioner,

he may, with the consent of the supervised person, make arrangements for him to be treated accordingly.

(2) Such arrangements may provide for the supervised person to receive part of his treatment as a resident patient in an institution or place of any description.

(3) Where any such arrangements are made for the treatment of a supervised person—

(a) the medical practitioner by whom the arrangements are made shall give notice in writing to the supervising officer, specifying the institution or place in or at which the treatment is to be carried out; and

(b) the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the supervision order.

Requirements as to medical treatment E+W

7 While the supervised person is under treatment as a resident patient in pursuance of arrangements under paragraph 6 above, the supervising officer shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.

Requirements as to residence E+W

8 (1) Subject to sub-paragraph (2) below, a supervision order may include requirements as to the residence of the supervised person.

(2) Before making such an order containing any such requirement, the court shall consider the home surroundings of the supervised person.

Part 3 E+W Revocation and amendment of orders

Revocation of order E+W

9 (1) Where a supervision order is in force in respect of any person and, on the application of the supervised person or the supervising officer, it appears to a magistrates' court acting for the local justice area concerned that, having regard to circumstances which have arisen since the order was made, it would be in the interests of the health or welfare of the supervised person that the order should be revoked, the court may revoke the order.

(2) The court by which a supervision order was made may of its own motion revoke the order if, having regard to circumstances which have arisen since the order was made, it considers that it would be inappropriate for the order to continue.

Amendment of order by reason of change of residence E+W

10 (1) This paragraph applies where, at any time while a supervision order is in force in respect of any person, a magistrates' court acting for the local justice area concerned is satisfied that the supervised person proposes to change, or has changed, his residence from the area specified in the order to another local social services authority area or local justice area.

(2) Subject to sub-paragraph (3) below, the court may, and on the application of the supervising officer shall, amend the supervision order by substituting the other area for the area specified in the order.

(3) The court shall not amend under this paragraph a supervision order which contains requirements which, in the opinion of the court, cannot be complied with unless the supervised person continues to reside in the area specified in the order unless, in accordance with paragraph 11 below, it either—

(a) cancels those requirements; or

(b) substitutes for those requirements other requirements which can be complied with if the supervised person ceases to reside in that area.

Amendment of requirements of order E+W

11 (1) Without prejudice to the provisions of paragraph 10 above, but subject to sub-paragraph (2) below, a magistrates' court for the local justice area concerned may, on the application of the supervised person or the supervising officer, by order amend a supervision order—

(a) by cancelling any of the requirements of the order; or

(b) by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include if it were the court by which the order was made and were then making it.

(2) The power of a magistrates' court under sub-paragraph (1) above shall not include power to amend an order by extending the period specified in it beyond the end of two years from the day of the original order.

Amendment of requirements in pursuance of medical report E+W

12 (1) Where the medical practitioner by whom or under whose direction the supervised person is being treated for his mental condition in pursuance of any requirement of a supervision order—

(a) is of the opinion mentioned in sub-paragraph (2) below, or

(b) is for any reason unwilling to continue to treat or direct the treatment of the supervised person,

he shall make a report in writing to that effect to the supervising officer and that officer shall apply under paragraph 11 above to a magistrates' court for the local justice area concerned for the variation or cancellation of the requirement.

(2) The opinion referred to in sub-paragraph (1) above is—

(a) that the treatment of the supervised person should be continued beyond the period specified in the supervision order;

(b) that the supervised person needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of such an order;

(c) that the supervised person is not susceptible to treatment; or

(d) that the supervised person does not require further treatment.

Supplemental E+W

13 (1) On the making under paragraph 9 above of an order revoking a supervision order, the designated officer for the local justice area concerned, or (as the case may be) the Crown Court, shall forthwith give copies of the revoking order to the supervising officer.

(2) A supervising officer to whom in accordance with sub-paragraph (1) above copies of a revoking order are given shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is residing.

Supplemental E+W

14 (1) On the making under paragraph 10 or 11 above of any order amending a supervision order, the designated officer for the local justice area concerned shall forthwith—

(a) if the order amends the supervision order otherwise than by substituting a new area or a new place for the one specified in the supervision order, give copies of the amending order to the supervising officer;

(b) if the order amends the supervision order in the manner excepted by paragraph (a) above, send to the designated officer for the new local justice area concerned—

(i) copies of the amending order; and

(ii) such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order;

and in a case falling within paragraph (b) above, the designated officer for that area shall give copies of the amending order to the supervising officer.

(2) Where the designated officer for the court making the order is also the designated officer for the new local justice area—

(a) sub-paragraph (1)(b) above does not apply; but

(b) the designated officers shall give copies of the amending order to the supervising officer.

(3) Where in accordance with sub-paragraph (1) or (2) above copies of an order are given to the supervising officer, he shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is or was residing.”

Section 26

SCHEDULE 3 E+W Unfitness to stand trial and insanity: courts-martial etc

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

1 For section 116 of the Army Act 1955 and of the Air Force Act 1955 (provisions where accused found insane) substitute—

“Findings of unfitness to stand trial and insanity E+W

Fitness to stand trial E+W

115A Fitness to stand trial

115A (1) This section applies where on a trial by court-martial of a person the question arises (at the instance of the defence or otherwise) whether the accused is fit to stand trial.

(2) For the purposes of this Act a person is unfit to stand trial if he is under a disability such that apart from the Criminal Procedure (Insanity) Act 1964 it would constitute a bar to his being tried on indictment in England and Wales.

(3) If, having regard to the nature of the supposed disability, the judge advocate is of opinion that it is expedient to do so and in the interests of the accused, he may postpone consideration of the question of fitness to stand trial until any time up to the opening of the case for the defence.

(4) If, before the question of fitness to stand trial falls to be determined, the court finds the accused not guilty on the charge or each of the charges on which he is being tried, that question shall not be determined.

(5) Subject to subsections (3) and (4) above, the question of fitness to stand trial shall be determined as soon as it arises.

(6) The question of fitness to stand trial shall be determined by the judge advocate sitting alone.

(7) A judge advocate shall not make a determination under subsection (6) above except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved.

Finding that the accused did the act or made the omission charged E+W

115B Finding that the accused did the act or made the omission charged

115B (1) This section applies where in accordance with section 115A(6) above it is determined by a judge advocate that the accused is unfit to stand trial.

(2) The trial shall not proceed or further proceed but it shall be determined by the court—

(a) on the evidence (if any) already given in the trial, and

(b) on such evidence as may be adduced or further adduced by the prosecution, or adduced by a person appointed by the judge advocate under this section to put the case for the defence,

whether it is satisfied, as respects the charge or each of the charges on which the accused was to be or was being tried, that he did the act or made the omission charged against him as the offence.

(3) If as respects that charge or any of those charges the court is satisfied as mentioned in subsection (2) above, it shall make a finding that the accused did the act or made the omission charged against him.

(4) If as respects that charge or any of those charges the court is not so satisfied, the court shall find the accused not guilty as if on the charge in question the trial had proceeded to a conclusion.

(5) Where the question of fitness to stand trial was determined after arraignment of the accused, the determination under subsection (2) above shall be made by the court-martial by whom he was being tried.

Findings of insanity E+W

116 Findings of insanity

116 (1) Where, on the trial of a person by court-martial, the court is satisfied, as respects the charge or any of the charges on which he is being tried, that the accused did the act or made the omission charged against him as the offence but that at the time of that act or omission he was insane, the court shall find that the accused was not guilty of that offence by reason of insanity.

(2) No finding under subsection (1) above shall be made except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved.

Powers to deal with person unfit to stand trial or not guilty by reason of insanity E+W

116A Powers to deal with person unfit to stand trial or not guilty by reason of insanity

116A (1) This section applies where, on a trial of a person by a court-martial—

(a) the accused is found to be unfit to stand trial and to have done the act or made the omission charged against him; or

(b) the accused is found not guilty by reason of insanity.

(2) The court shall make in respect of the accused—

(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 finding relates is an offence the sentence for which is fixed by law, and

(b) the court has power to make a hospital order,

the court shall make a hospital order with a restriction order (whether or not it would have power to make a restriction order apart from this subsection).

(4) The functions of the court under this section shall be exercised by the judge advocate (or, where subsection (5) below applies, the judicial officer) sitting alone, and section 95(2) and (3) above shall not apply.

(5) Any function of the court under this section exercisable after an adjournment or an appeal shall be exercisable by a judicial officer if—

(a) the court ordering the adjournment, or (as the case may be) the Courts-Martial Appeal Court, so orders; or

(b) the Judge Advocate General so directs.

(6) In this Act—

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

• “restriction order” has the meaning given to it by section 41 of that Act;

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

Orders under the Mental Health Act E+W

116B Orders under the Mental Health Act

116B (1) In relation to the making of an order by virtue of subsection (2)(a) of section 116A above, section 37 (hospital orders etc) of the Mental Health Act 1983 (“the 1983 Act”) shall have effect as if—

(a) the reference in subsection (1) to a person being convicted before the Crown Court included a reference to the case where section 116A above applies;

(b) the words after “punishable with imprisonment” and before “or is convicted” were omitted; and

(c) for subsections (4) and (5) there were substituted—

“(4) Where an order is made under this section requiring a person to be admitted to a hospital (“a hospital order”), it shall be the duty of the managers of the hospital specified in the order to admit him in accordance with it.”

(2) In relation to a case where section 116A above applies but the court has not yet made one of the disposals mentioned in subsection (2) of that section—

(a) section 35 of the 1983 Act (remand to hospital for report on accused’s mental condition) shall have effect with the omission of the words after paragraph (b) in subsection (3);

(b) section 36 of that Act (remand of accused person to hospital for treatment) shall have effect with the omission of the words “(other than an offence the sentence for which is fixed by law)” in subsection (2);

(c) references in sections 35 and 36 of that Act to an accused person shall be construed as including a person in whose case this subsection applies; and

(d) section 38 of that Act (interim hospital orders) shall have effect as if—

(i) the reference in subsection (1) to a person being convicted before the Crown Court included a reference to the case where section 116A above applies; and

(ii) the words “(other than an offence the sentence for which is fixed by law)” in that subsection were omitted.

(3) In relation to the making of any order under the 1983 Act by virtue of this Act, that Act shall apply—

(a) as if references to the Crown Court were references to a court-martial;

(b) as if references to an offender were references to a person in whose case section 116A above applies (references to an offence being construed accordingly); and

(c) with such further modifications as may be prescribed.

(4) The Secretary of State may by regulations make provision with respect to the admission to, detention in, and release from, hospital of any person in respect of whom an order is made under the 1983 Act by virtue of this Act.

Regulations under this subsection may in particular make provision for a person in respect of whom such an order has been made to be conveyed to, and detained in, a place of safety pending his admission to hospital.

(5) Where—

(a) a person is detained in pursuance of a hospital order which the court had power to make by virtue of section 116A(1)(a) above, and

(b) the court also made a restriction order, and that order has not ceased to have effect,

the Secretary of State, if satisfied after consultation with the responsible medical officer that the person can properly be tried, may either remit the person for trial before a court-martial or direct that he be tried before a civil court.

In this subsection “responsible medical officer” means the registered medical practitioner in charge of the person’s treatment.

(6) The Secretary of State may by regulations make provision supplementing subsection (5) above, including in particular—

(a) provision for a person in whose case that subsection applies to be conveyed to a court or place of detention and to be detained in such a place;

(b) provision for the hospital order and the restriction order to cease to have effect at such time as may be prescribed.

Supervision orders E+W

116C Supervision orders

116C (1) The court shall not make an order under section 116A(2)(b) above unless it is satisfied—

(a) that, having regard to all the circumstances of the case, the making of a supervision order is the most suitable means of dealing with the accused;

(b) that the supervising officer intended to be specified in the order is willing to undertake the supervision; and

(c) that arrangements have been made for any treatment which (under subsection (2) below) is intended to be specified in the order.

(2) An order under section 116A(2)(b) above may, in accordance with regulations under subsection (3) below, require the supervised person to submit, during the whole of that period or such part of it as may be specified in the order, to treatment by or under the direction of a registered medical practitioner.

(3) The Secretary of State may—

(a) by order direct that the definition of “supervision order” in section 116A(6) above shall be amended by substituting, for the period for the time being specified there, such period as may be specified in the order under this subsection;

(b) by regulations make further provision in relation to supervision orders.

(4) Regulations under subsection (3) above may in particular make provision—

(a) as to the procedure to be followed by a court-martial making a supervision order;

(b) as the requirements which may be specified in such an order;

(c) as to the descriptions of supervising officer who may be so specified;

(d) for treatment to be provided at a place other than the place specified in the order in accordance with arrangements made by the medical practitioner by whom or under whose direction the supervised person is being treated;

(e) for the amendment and revocation of any supervision order.

Provisions supplementary to sections 115A to 116C E+W

116D Provisions supplementary to sections 115A to 116C

116D (1) In this section and sections 115A to 116C above—

• “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);

• “prescribed” means prescribed by regulations made by the Secretary of State.

(2) For the purposes of the provisions of sections 115A and 116 of this Act which permit a court to act on the written evidence of a registered medical practitioner or a registered medical practitioner who is duly approved, a report in writing purporting to be signed by a registered medical practitioner or a registered medical practitioner who is duly approved may, subject to subsection (3) below, be received in evidence without proof of the signature of the practitioner and without proof that he has the requisite qualifications or is duly approved; but the court may require the signatory of any such report to be called to give oral evidence.

(3) Where, in pursuance of a direction of the court, any such report is tendered in evidence otherwise than by or on behalf of the accused, then—

(a) if the accused is represented by counsel or a solicitor, a copy of the report shall be given to his counsel or solicitor;

(b) if the accused is not so represented, the substance of the report shall be disclosed to him; and

(c) the accused may require the signatory of the report to be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by the accused or on his behalf.

(4) The power of the Secretary of State to make regulations under sections 116A to 116C above, and orders under section 116C(3) above, shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

2 In section 225(1) of the Army Act 1955 and in section 223(1) of the Air Force Act 1955 (general provisions as to interpretation) insert at the appropriate places—

““hospital order” has the meaning assigned to it by section 116A(6) of this Act;”;

““restriction order” has the meaning assigned to it by section 116A(6) of this Act;”;

““supervision order” has the meaning assigned to it by section 116A(6) of this Act;”.

Naval Discipline Act 1957 (c. 53) E+W

3 For section 63 of the Naval Discipline Act 1957 (provisions where accused found insane) substitute—

E+W

“Findings of unfitness to stand trial and insanity

E+W

62A Fitness to stand trial

62A (1) This section applies where on a trial by court-martial of a person the question arises (at the instance of the defence or otherwise) whether the accused is fit to stand trial.

(2) For the purposes of this Act a person is unfit to stand trial if he is under a disability such that apart from the Criminal Procedure (Insanity) Act 1964 it would constitute a bar to his being tried on indictment in England and Wales.

(3) If, having regard to the nature of the supposed disability, the judge advocate is of opinion that it is expedient to do so and in the interests of the accused, he may postpone consideration of the question of fitness to stand trial until any time up to the opening of the case for the defence.

(4) If, before the question of fitness to stand trial falls to be determined, the court finds the accused not guilty on the charge or each of the charges on which he is being tried, that question shall not be determined.

(5) Subject to subsections (3) and (4) above, the question of fitness to stand trial shall be determined as soon as it arises.

(6) The question of fitness to stand trial shall be determined by the judge advocate sitting alone.

(7) A judge advocate shall not make a determination under subsection (6) above except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved.

62B Finding that the accused did the act or made the omission charged

62B (1) This section applies where in accordance with section 62A(6) above it is determined by a judge advocate that the accused is unfit to stand trial.

(2) The trial shall not proceed or further proceed but it shall be determined by the court—

(a) on the evidence (if any) already given in the trial, and

(b) on such evidence as may be adduced or further adduced by the prosecution, or adduced by a person appointed by the judge advocate under this section to put the case for the defence,

whether it is satisfied, as respects the charge or each of the charges on which the accused was to be or was being tried, that he did the act or made the omission charged against him as the offence.

(3) If as respects that charge or any of those charges the court is satisfied as mentioned in subsection (2) above, it shall make a finding that the accused did the act or made the omission charged against him.

(4) If as respects that charge or any of those charges the court is not so satisfied, the court shall find the accused not guilty as if on the charge in question the trial had proceeded to a conclusion.

(5) Where the question of fitness to stand trial was determined after arraignment of the accused, the determination under subsection (2) above shall be made by the court-martial by whom he was being tried.

63 Findings of insanity

63 (1) Where, on the trial of a person by court-martial, the court is satisfied, as respects the charge or any of the charges on which he is being tried, that the accused did the act or made the omission charged against him as the offence but that at the time of that act or omission he was insane, the court shall find that the accused was not guilty of that offence by reason of insanity.

(2) No finding under subsection (1) above shall be made except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved.

63A Powers to deal with person unfit to stand trial or not guilty by reason of insanity

63A (1) This section applies where, on a trial of a person by a court-martial—

(a) the accused is found to be unfit to stand trial and to have done the act or made the omission charged against him; or

(b) the accused is found not guilty by reason of insanity.

(2) The court shall make in respect of the accused—

(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 finding relates is an offence the sentence for which is fixed by law, and

(b) the court has power to make a hospital order,

the court shall make a hospital order with a restriction order (whether or not it would have power to make a restriction order apart from this subsection).

(4) The functions of the court under this section shall be exercised by the judge advocate (or, where subsection (5) below applies, the judicial officer) sitting alone, and sections 56A(3) and 57 above shall not apply.

(5) Any function of the court under this section exercisable after an adjournment or an appeal shall be exercisable by a judicial officer if—

(a) the court ordering the adjournment, or (as the case may be) the Courts-Martial Appeal Court, so orders; or

(b) the Judge Advocate of Her Majesty’s Fleet so directs.

(6) In this Act—

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

• “restriction order” has the meaning given to it by section 41 of that Act;

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

63B Orders under the Mental Health Act

63B (1) In relation to the making of an order by virtue of subsection (2)(a) of section 63A above, section 37 (hospital orders etc) of the Mental Health Act 1983 (“the 1983 Act”) shall have effect as if—

(a) the reference in subsection (1) to a person being convicted before the Crown Court included a reference to the case where section 63A above applies;

(b) the words after “punishable with imprisonment” and before “or is convicted” were omitted; and

(c) for subsections (4) and (5) there were substituted—

“(4) Where an order is made under this section requiring a person to be admitted to a hospital (“a hospital order”), it shall be the duty of the managers of the hospital specified in the order to admit him in accordance with it.”

(2) In relation to a case where section 63A above applies but the court has not yet made one of the disposals mentioned in subsection (2) of that section—

(a) section 35 of the 1983 Act (remand to hospital for report on accused’s mental condition) shall have effect with the omission of the words after paragraph (b) in subsection (3);

(b) section 36 of that Act (remand of accused person to hospital for treatment) shall have effect with the omission of the words “(other than an offence the sentence for which is fixed by law)” in subsection (2);

(c) references in sections 35 and 36 of that Act to an accused person shall be construed as including a person in whose case this subsection applies; and

(d) section 38 of that Act (interim hospital orders) shall have effect as if—

(i) the reference in subsection (1) to a person being convicted before the Crown Court included a reference to the case where section 63A above applies; and

(ii) the words “(other than an offence the sentence for which is fixed by law)” in that subsection were omitted.

(3) In relation to the making of any order under the 1983 Act by virtue of this Act, that Act shall apply—

(a) as if references to the Crown Court were references to a court-martial;

(b) as if references to an offender were references to a person in whose case section 63A above applies (references to an offence being construed accordingly); and

(c) with such further modifications as may be prescribed.

(4) The Secretary of State may by regulations make provision with respect to the admission to, detention in, and release from, hospital of any person in respect of whom an order is made under the 1983 Act by virtue of this Act.

Regulations under this subsection may in particular make provision for a person in respect of whom such an order has been made to be conveyed to, and detained in, a place of safety pending his admission to hospital.

(5) Where—

(a) a person is detained in pursuance of a hospital order which the court had power to make by virtue of section 63A(1)(a) above, and

(b) the court also made a restriction order, and that order has not ceased to have effect,

the Secretary of State, if satisfied after consultation with the responsible medical officer that the person can properly be tried, may either remit the person for trial before a court-martial or direct that he be tried before a civil court.

In this subsection “responsible medical officer” means the registered medical practitioner in charge of the person’s treatment.

(6) The Secretary of State may by regulations make provision supplementing subsection (5) above, including in particular—

(a) provision for a person in whose case that subsection applies to be conveyed to a court or place of detention and to be detained in such a place;

(b) provision for the hospital order and the restriction order to cease to have effect at such time as may be prescribed.

63C Supervision orders

63C (1) The court shall not make an order under section 63A(2)(b) above unless it is satisfied—

(a) that, having regard to all the circumstances of the case, the making of a supervision order is the most suitable means of dealing with the accused;

(b) that the supervising officer intended to be specified in the order is willing to undertake the supervision; and

(c) that arrangements have been made for any treatment which (under subsection (2) below) is intended to be specified in the order.

(2) An order under section 63A(2)(b) above may, in accordance with regulations under subsection (3) below, require the supervised person to submit, during the whole of that period or such part of it as may be specified in the order, to treatment by or under the direction of a registered medical practitioner.

(3) The Secretary of State may—

(a) by order direct that the definition of “supervision order” in section 63A(6) above shall be amended by substituting, for the period for the time being specified there, such period as may be specified in the order under this subsection;

(b) by regulations make further provision in relation to supervision orders.

(4) Regulations under subsection (3) above may in particular make provision—

(a) as to the procedure to be followed by a court-martial making a supervision order;

(b) as the requirements which may be specified in such an order;

(c) as to the descriptions of supervising officer who may be so specified;

(d) for treatment to be provided at a place other than the place specified in the order in accordance with arrangements made by the medical practitioner by whom or under whose direction the supervised person is being treated;

(e) for the amendment and revocation of any supervision order.

63D Provisions supplementary to sections 62A to 63C

63D (1) In this section and sections 62A to 63C above—

• “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);

• “prescribed” means prescribed by regulations made by the Secretary of State.

(2) For the purposes of the provisions of sections 62A and 63 of this Act which permit a court to act on the written evidence of a registered medical practitioner or a registered medical practitioner who is duly approved, a report in writing purporting to be signed by a registered medical practitioner or a registered medical practitioner who is duly approved may, subject to subsection (3) below, be received in evidence without proof of the signature of the practitioner and without proof that he has the requisite qualifications or is duly approved; but the court may require the signatory of any such report to be called to give oral evidence.

(3) Where, in pursuance of a direction of the court, any such report is tendered in evidence otherwise than by or on behalf of the accused, then—

(a) if the accused is represented by counsel or a solicitor, a copy of the report shall be given to his counsel or solicitor;

(b) if the accused is not so represented, the substance of the report shall be disclosed to him; and

(c) the accused may require the signatory of the report to be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by the accused or on his behalf.

(4) The power of the Secretary of State to make regulations under sections 63A to 63C above, and orders under section 63C(3) above, shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

4 In the proviso to section 56(3) of that Act (court-martial not to be adjourned for more than six days), after “except with the consent of the accused and the prosecuting authority” insert “ , or for the purpose of exercising powers under section 63A of this Act, ”.

5 In section 135(1) of that Act (general provisions as to interpretation) insert at the appropriate places—

““hospital order” has the meaning assigned to it by section 63A(6) of this Act;”;

““restriction order” has the meaning assigned to it by section 63A(6) of this Act;”;

““supervision order” has the meaning assigned to it by section 63A(6) of this Act;”.

Courts-Martial (Appeals) Act 1968 (c. 20) E+W

6 E+W The Courts-Martial (Appeals) Act 1968 is amended as follows.

7 E+W For section 16 substitute—

“16 Substitution of finding of insanity or findings of unfitness to stand trial etc.

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

9 In section 22 (consequences where appeal under section 21 allowed), at the beginning of subsection (4) insert “Subject to section 23 below,”.

10 For section 23 substitute—

“23 Substitution of findings of unfitness to stand trial etc.

“23 (1) This section applies where, on an appeal under section 21 of this Act, 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 that—

(a) the case is not one where there should have been a finding of not guilty; but

(b) 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.”

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 ”.

12 E+W For section 25 substitute—

“25 Disposal of appeal under s. 24

(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 E+W After that section insert—

“Appeal against order made in cases of insanity or unfitness to stand trial E+W

Right of appeal against hospital order etc. E+W

25A Right of appeal against hospital order etc.

(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.

Disposal of appeal under s. 25A E+W

25B Disposal of appeal under s. 25A

(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) After subsection (2) insert—

“(2A) For the purposes of the provisions of sections 16 and 23 of this Act which permit the Appeal Court to act on the written evidence of a registered medical practitioner or a registered medical practitioner who is duly approved, a report in writing purporting to be signed by a registered medical practitioner or a registered medical practitioner who is duly approved may, subject to subsection (2B) below, be received in evidence without proof of the signature of the practitioner and without proof that he has the requisite qualifications or is duly approved; but the Appeal Court may require the signatory of any such report to be called to give oral evidence.

(2B) Where, in pursuance of a direction of the Appeal Court, any such report is tendered in evidence otherwise than by or on behalf of the appellant, then—

(a) if the appellant is represented by counsel or a solicitor, a copy of the report shall be given to his counsel or solicitor;

(b) if the appellant is not so represented, the substance of the report shall be disclosed to him; and

(c) the appellant may require the signatory of the report to be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by the appellant or on his behalf.”

15 (1) Schedule 3 (modifications in relation to prisoners of war) is amended as follows.

(2) In paragraph 3—

(a) in paragraph (a), for “or 15” substitute “ , 14A, 15 or 25A ”;

(b) omit paragraph (b).

(3) After paragraph 3 insert—

“3A In relation to a protected prisoner of war, sections 16 and 23 of this Act shall each have effect as if the following subsection were substituted for subsection (4)—

“(4) The provisions of a Royal Warrant shall apply (with any necessary modifications) in relation to the Appeal Court as they apply in relation to a court-martial.””

Yn ddilys o 18/07/2005

Section 27

SCHEDULE 4 E+W Powers of authorised officers executing warrants

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

Section 125BA

“SCHEDULE 4A E+W Powers of authorised officers executing warrants

Meaning of “authorised officer” etc E+W

1 In this Schedule—

• “authorised officer”, in relation to a warrant, means a person who is entitled to execute the warrant by virtue of—

  (a)

  section 125A of this Act (civilian enforcement officers); or

  (b)

  section 125B of this Act (approved enforcement agencies);

• “premises” includes any place and, in particular, includes—

  (a)

  any vehicle, vessel, aircraft or hovercraft;

  (b)

  any offshore installation within the meaning of the Mineral Workings (Offshore Installations) Act 1971; and

  (c)

  any tent or movable structure.

Entry to execute warrant of arrest etc E+W

2 (1) An authorised officer may enter and search any premises for the purpose of executing a warrant of arrest, commitment or detention issued in proceedings for or in connection with any criminal offence.

(2) The power may be exercised—

(a) only to the extent that it is reasonably required for that purpose; and

(b) only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.

(3) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—

(a) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and

(b) any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.

Entry to levy distress E+W

3 (1) An authorised officer may enter and search any premises for the purpose of executing a warrant of distress issued under section 76 of this Act for default in paying a sum adjudged to be paid by a conviction.

(2) The power may be exercised only to the extent that it is reasonably required for that purpose.

Searching arrested persons E+W

4 (1) This paragraph applies where a person is arrested in pursuance of a warrant of arrest, commitment or detention issued in proceedings for or in connection with any criminal offence.

(2) An authorised officer may search the arrested person, if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.

(3) An authorised officer may also search the arrested person for anything which he might use to assist him to escape from lawful custody.

(4) The power conferred by sub-paragraph (3) above may be exercised—

(a) only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that sub-paragraph; and

(b) only to the extent that it is reasonably required for the purpose of discovering any such thing.

(5) The powers conferred by this paragraph to search a person are not to be read as authorising the officer to require a person to remove any of his clothing in public other than an outer coat, a jacket or gloves; but they do authorise the search of a person’s mouth.

(6) An officer searching a person under sub-paragraph (2) above may seize and retain anything he finds, if the officer has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.

(7) An officer searching a person under sub-paragraph (3) above may seize and retain anything he finds, if he has reasonable grounds for believing that the person might use it to assist him to escape from lawful custody.

Use of force E+W

5 An authorised officer may use reasonable force, if necessary, in the exercise of a power conferred on him by this Schedule.”

Section 29

SCHEDULE 5 E+W Procedure on breach of community penalty etc

Interpretation E+W

1 E+W 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 E+W

2 (1) Section 104 of the Sentencing Act (breach of supervision requirements of detention and training order) is amended as follows. E+W

(2) In subsection (1) (issue of summons or warrant by justice of the peace)—

(a) omit the words “ [F1 acting in a relevant local justice area]”;

(b) in paragraph (a), omit the words “before a youth court [F2 acting in the area]”;

(c) in paragraph (b), omit the words “requiring him to be brought before such a court”.

(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 youth court [F3 acting in the local justice] in which the offender resides; or

(b) if it is not known where the offender resides, before a youth court [F4 acting in the same local justice area] as the justice who issued the summons or warrant.”

Textual Amendments

F1 Words in Sch. 5 para. 2(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(a)(i)}

F2 Words in Sch. 5 para. 2(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(a)(i)}

F3 Words in Sch. 5 para. 2(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(a)(ii)} [Editorial Note: the substituted words should probably read "acting in the local justice area". A correction slip has been requested.]

F4 Words in Sch. 5 para. 2(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(a)(ii)}

Suspended sentence supervision orders E+W

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

(2) In subsection (1) (issue of summons or warrant by justice of the peace) omit the words “acting for the [F5 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 [F6 local justice area] in which the offender resides; or

(b) if it is not known where the offender resides, before a magistrates' court [F7 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 [F8 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.”

Textual Amendments

F5 Words in Sch. 5 para. 3(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(b)(i)}

F6 Words in Sch. 5 para. 3(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(b)(ii)}

F7 Words in Sch. 5 para. 3(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(b)(ii)}

F8 Words in Sch. 5 para. 3(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(b)(iii)}

Community orders under the Sentencing Act E+W

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. E+W

(2) In paragraph 3(1) (issue of summons or warrant by justice of the peace) omit the words “ [F9 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 [F9 acting in the local justice area] in which the offender resides or, if it is not known where he resides, before a magistrates' court [F9 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 [F9 acting in the local justice area] concerned were a reference to the court dealing with the offender.”

Textual Amendments

F9 Words in Sch. 5 para. 4 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(c)}

Curfew orders and exclusion orders E+W

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. E+W

(2) In paragraph 3(1) (issue of summons or warrant by justice of the peace) omit the words “ [F10 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 [F10 acting in the local justice area] in which the offender resides or, if it is not known where he resides, before a magistrates' court [F10 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 [F10 acting in the local justice area] concerned were a reference to the court dealing with the offender.”

Textual Amendments

F10 Words in Sch. 5 para. 5 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(c)}

Attendance centre orders E+W

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

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

(a) “acting for a relevant [F11 local justice area]”;

(b) “before a magistrates' court [F12 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 [F13 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 [F13 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.”

Textual Amendments

F11 Words in Sch. 5 para. 6(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(d)(i)}

F12 Words in Sch. 5 para. 6(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(d)(i)}

F13 Words in Sch. 5 para. 6(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(d)(ii)}

Community orders under the 2003 Act E+W

7 (1) Schedule 8 to the 2003 Act (breach, revocation or amendment of community order) is amended as follows. E+W

(2) In paragraph 7(2)(issue of summons or warrant by justice of the peace) omit the words “ [F14 acting in the local justice area] concerned”.

(3) In paragraph 7(3) (court before which offender to appear or be brought), for paragraph (b) substitute—

“(b) in any other case, before a magistrates' court [F14 acting in the local justice area] in which the offender resides or, if it is not known where he resides, before a magistrates' court [F14 acting in the local justice area] concerned.”

(4) In paragraph 9 (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) would not otherwise have the power to amend the community order under paragraph 16 (amendment by reason of change of residence), that paragraph has effect as if the references to the appropriate court were references to the court dealing with the offender.”

(5) In paragraph 27 (provision of copies of orders), at the end of sub-paragraph (1)(c) insert “, and

(d) where the court [F15 acts in a local justice area] other than the one specified in the order prior to the revocation or amendment, provide a copy of the revoking or amending order to a magistrates' court [F16 acting in the area] so specified.”

Textual Amendments

F14 Words in Sch. 5 para. 7(2)(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(e)}

F15 Words in Sch. 5 para. 7(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(f)}

F16 Words in Sch. 5 para. 7(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(f)}

Suspended sentence orders under the 2003 Act E+W

8 (1) Schedule 12 to the 2003 Act (breach or amendment of suspended sentence order, and effect of further conviction) is amended as follows. E+W

(2) In paragraph 6(2)(issue of summons or warrant by justice of the peace) omit the words “ [F17 acting in the local justice area] concerned”.

(3) In paragraph 6(3) (court before which offender to appear or be brought), for paragraph (b) substitute—

“(b) in any other case, before a magistrates' court [F17 acting in the local justice area] in which the offender resides or, if it is not known where he resides, before a magistrates' court [F17 acting in the local justice area] concerned.”

(4) In paragraph 8 (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)(c) would not otherwise have the power to amend the suspended sentence order under paragraph 14 (amendment by reason of change of residence), that paragraph has effect as if the references to the appropriate court were references to the court dealing with the offender.”

(5) In paragraph 22 (provision of copies of orders), at the end of sub-paragraph (1)(c) insert “, and

(d) where the court [F18 acts in a local justice area] other than the one specified in the order prior to the revocation or amendment, provide a copy of the revoking or amending order to a magistrates' court [F19 acting in the area] so specified.”

Textual Amendments

F17 Words in Sch. 5 para. 8(2)(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(e)}

F18 Words in Sch. 5 para. 8(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(f)}

F19 Words in Sch. 5 para. 8(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(f)}

9 E+W In Schedule 13 to the 2003 Act (transfer of suspended sentence orders to Scotland or Northern Ireland), in paragraph 12 (modifications of Schedule 12), after sub-paragraph (5) insert—

“(5A) In paragraph 6(3)(b), the words “before a magistrates' court [F20 acting in the local justice area] in which the offender resides or, if it is not known where he resides,” are omitted.”

Textual Amendments

F20 Words in Sch. 5 para. 9 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(e)}

Local justice areas E+W

10 E+W 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.

Section 31

SCHEDULE 6 E+W Intermittent custody

1 E+W The Criminal Justice Act 2003 (c. 44) is amended as follows.

2 E+W In section 244 (duty to release prisoners), in subsection (3)—

(a) in paragraph (c), for the words from “which is not” to “section 183(3)” substitute “ which for the purposes of section 183 (as read with section 263(2) or 264A(2) in the case of concurrent or consecutive sentences) is not a licence period ”;

(b) in paragraph (d), after “consecutive sentences” insert “ none of which falls within paragraph (c) ”.

3 E+W In section 246 (power to release prisoners on licence before required to do so), in the definition of “the required custodial days” in subsection (6)—

(a) in paragraph (b), after “custody” insert “ which are consecutive ”;

(b) at the end of that paragraph insert “, or

(c) in the case of two or more sentences of intermittent custody which are wholly or partly concurrent, the aggregate of the numbers so specified less the number of days that are to be served concurrently;”.

4 E+W In section 249 (duration of licence), at the end of subsection (3) insert “ and subsection (2) has effect subject to section 264A(3) (consecutive terms: intermittent custody ”.

5 E+W In section 250 (licence conditions), in subsection (7), for “and section 264(3) and (4) (consecutive terms)” substitute “ , section 264(3) and (4) (consecutive terms) and section 264A(3) (consecutive terms: intermittent custody) ”.

6 E+W In section 264 (consecutive terms), in subsection (1), after paragraph (b) insert “, and

(c) none of those terms is a term to which an intermittent custody order relates.”

7 E+W After that section insert—

“264A Consecutive terms: intermittent custody

(1) This section applies where—

(a) a person (“the offender”) has been sentenced to two or more terms of imprisonment which are to be served consecutively on each other,

(b) the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions, and

(c) each of the terms is a term to which an intermittent custody order relates.

(2) The offender is not to be treated as having served all the required custodial days in relation to any of the terms of imprisonment until he has served the aggregate of all the required custodial days in relation to each of them.

(3) After the number of days served by the offender in prison is equal to the aggregate of the required custodial days in relation to each of the terms of imprisonment, the offender is to be on licence until the relevant time and subject to such conditions as are required by this Chapter in respect of any of the terms of imprisonment, and none of the terms is to be regarded for any purpose as continuing after the relevant time.

(4) In subsection (3) “the relevant time” means the time when the offender would, but for his release, have served a term equal in length to the aggregate of—

(a) all the required custodial days in relation to the terms of imprisonment, and

(b) the longest of the total licence periods in relation to those terms.

(5) In this section—

• “total licence period”, in relation to a term of imprisonment to which an intermittent custody order relates, means a period equal in length to the aggregate of all the licence periods as defined by section 183 in relation to that term;

• “the required custodial days”, in relation to such a term, means the number of days specified under that section.”

Yn ddilys o 18/10/2005

Section 47

SCHEDULE 7 E+W Investigations by Parliamentary Commissioner

1 E+W The Parliamentary Commissioner Act 1967 (c. 13) is amended as follows.

2 (1) Section 5 (matters subject to investigation) is amended as follows. E+W

(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. E+W

(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. E+W

(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. E+W

(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 E+W 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;”.

Prospective

Section 48

SCHEDULE 8 E+W Commissioner for Victims and Witnesses

Deputy Commissioner E+W

1 (1) The Secretary of State [F21 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 [F21 for Justice] must consult the Attorney General and the [F22 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.

Textual Amendments

F21 Words in Sch. 8 para. 1 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(a)

F22 Words in Sch. 8 para. 1 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(b)

Modifications etc. (not altering text)

C1 Sch. 8 para. 1: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(b), 5(2)(b) (with art. 7)

1 (1) The Secretary of State 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 must consult the Attorney General and the Lord Chancellor 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 E+W

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 [F23 for Justice].

(6) The Secretary of State [F23 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 [F23 for Justice] must consult the Attorney General and the [F24 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 [F23 for Justice] after consulting the Attorney General and the [F24 Secretary of State for the Home Department].

Textual Amendments

F23 Words in Sch. 8 para. 2 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(a)

F24 Words in Sch. 8 para. 2 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(b)

Modifications etc. (not altering text)

C2 Sch. 8 para. 2: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(b), 5(2)(b) (with art. 7)

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.

(6) The Secretary of State 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 must consult the Attorney General and the Lord Chancellor 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 after consulting the Attorney General and the Lord Chancellor.

Staff E+W

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 E+W

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

Pensions E+W

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 E+W

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 E+W

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 E+W

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 [F25 for Justice].

(3) The Commissioner must send a copy of the plan to the Secretary of State [F25 for Justice] for his approval.

(4) The Secretary of State [F25 for Justice] must consult the Attorney General and the [F26 Secretary of State for the Home Department] in deciding whether to approve the plan.

(5) If the Secretary of State [F25 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.

Textual Amendments

F25 Words in Sch. 8 para. 8 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(a)

F26 Words in Sch. 8 para. 8 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(b)

Modifications etc. (not altering text)

C3 Sch. 8 para. 8: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(b), 5(2)(b) (with art. 7)

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.

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

(4) The Secretary of State must consult the Attorney General and the Lord Chancellor in deciding whether to approve the plan.

(5) If the Secretary of State 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 E+W

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 [F27 for Justice],

(b) the Attorney General, and

(c) the [F28 Secretary of State for the Home Department].

(4) The Secretary of State [F27 for Justice] must—

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

(b) arrange for the report to be published.

Textual Amendments

F27 Words in Sch. 8 para. 9 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(a)

F28 Words in Sch. 8 para. 9 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(b)

Modifications etc. (not altering text)

C4 Sch. 8 para. 9: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(b), 5(2)(b) (with art. 7)

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,

(b) the Attorney General, and

(c) the Lord Chancellor.

(4) The Secretary of State must—

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

(b) arrange for the report to be published.

Disqualification Acts E+W

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” E+W

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.

Yn ddilys o 01/02/2010

Section 53

SCHEDULE 9 E+W Authorities within Commissioner’s remit

Prospective

Government departments E+W

[F29 1WA E+W The Department for Business, Innovation and Skills.]

Textual Amendments

F29 Sch. 9 para. 1WA inserted (13.11.2009) by The Secretary of State for Business, Innovation and Skills Order 2009 (S.I. 2009/2748), arts. 1(2), 8, Sch. para. 7(a) (with art. 7)

1XA The Department for Business, Enterprise and Regulatory Reform.

1YA The Department for Children, Schools and Families.

[F30 1ZA E+W The Department for Communities and Local Government.]

Textual Amendments

F30 Sch. 9 para. 1ZA inserted (21.8.2006) by The Secretary of State for Communities and Local Government Order 2006 (S.I. 2006/1926), arts. 1(2), 9, Sch. para. 8

Yn ddilys o 18/08/2010

[F31 1ZB E+W The Department for Education.]

Textual Amendments

F31 Sch. 9 para. 1ZB inserted (18.8.2010) by The Secretary of State for Education Order 2010 (S.I. 2010/1836), arts. 1(2), 6, Sch. para. 3(b)

1 The Department for Constitutional Affairs.

2 The Department for Education and Skills.

3 E+W The Department of Health.

3A. The Department for Innovation, Universities and Skills.

4 The Department of Trade and Industry.

5 E+W The Department for Transport.

6 E+W The Department for Work and Pensions.

7 E+W The Foreign and Commonwealth Office.

8 E+W The Home Office.

[F32 8A E+W The Ministry of Justice.]

Textual Amendments

F32 Sch. 9 para. 8A inserted (22.8.2007) by virtue of The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(5)(b)

9 The Office of the Deputy Prime Minister.

Customs and Excise E+W

10 E+W The Commissioners of Customs and Excise.

Police forces etc E+W

11 E+W A police force for a police area in England or Wales.

12 E+W The Serious Fraud Office.

Prospective

13 The National Criminal Intelligence Service.

Prospective

F33 14 U.K. The National Crime Squad.

Textual Amendments

F33 Sch. 4 para. 13 substituted (1.4.2006) for Sch. 4 paras. 13, 14 by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 200; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

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

16 E+W The Ministry of Defence Police.

Criminal injuries compensation E+W

Prospective

17 The Criminal Injuries Compensation Appeals Panel.

18 E+W The Criminal Injuries Compensation Authority.

Health and safety E+W

Prospective

19 The Health and Safety Commission.

20 E+W The Health and Safety Executive.

Legal services E+W

21 E+W The Legal Services Commission.

Court administration E+W

22 E+W Persons exercising functions relating to the carrying on of the business of a court.

Prospective

Criminal justice system E+W

23 E+W The Criminal Cases Review Commission.

24 E+W The Crown Prosecution Service.

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

[F34 25A E+W A provider of probation services.]

Textual Amendments

F34 Sch. 9 para. 25A inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(14)

26 E+W The Parole Board.

27 E+W The Prison Service.

28 E+W The Youth Justice Board for England and Wales.

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

Maritime and coastguards E+W

30 E+W The Maritime and Coastguard Agency.

Section 58(1)

SCHEDULE 10 U.K. Minor and consequential amendments

Colonial Prisoners Removal Act 1884 (c. 31) U.K.

1 U.K. 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) U.K.

2 U.K. 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) U.K.

3 U.K. 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) U.K.

4 U.K. 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 U.K. 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 U.K. 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.)) U.K.

7 U.K. 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) U.K.

8 (1) Section 11 of the Juries Act 1974 (ballot and swearing of jurors) is amended as follows. U.K.

(2) In subsection (5) omit paragraph (b).

(3) In subsection (6) omit “, (b)”.

Yn ddilys o 01/04/2007

Rehabilitation of Offenders Act 1974 (c. 53) U.K.

9 U.K. 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;”.

Yn ddilys o 01/04/2007

Magistrates' Courts Act 1980 (c. 43) U.K.

10 U.K. 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 U.K. 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) U.K.

12 U.K. 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 ”.

Prospective

13 U.K. 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) U.K.

14 U.K. 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”.

Prospective

15 U.K. 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) U.K.

16 U.K. 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—

“Domestic Violence, Crime and Victims Act 2004 U.K.

  Section 5 (causing or allowing the death of a child or vulnerable adult).”

Representation of the People Act 1983 (c. 2) U.K.

17 U.K. 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) U.K.

18 U.K. 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 U.K. 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 U.K. In section 71 of that Act (references by Home Secretary concerning restricted patients) omit subsections (5) and (6).

21 U.K. 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 U.K. 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. U.K.

(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) U.K.

24 In Schedule 5 to the Police and Criminal Evidence Act 1984 (serious arrestable offences), in Part 2, after paragraph 23 insert—

“Domestic Violence, Crime and Victims Act 2004

24 Section 5 (causing or allowing the death of a child or vulnerable adult).”

Prosecution of Offences Act 1985 (c. 23) U.K.

25 U.K. 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) U.K.

26 U.K. 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 U.K. 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),”.

Prospective

Criminal Justice Act 1988 (c. 33) U.K.

28 U.K. 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)) U.K.

29 In Schedule 5 to the Police and Criminal Evidence (Northern Ireland) Order 1989 (serious arrestable offences), in Part 2, after paragraph 14 insert—

“Domestic Violence, Crime and Victims Act 2004

15 Section 5 (causing or allowing the death of a child or vulnerable adult).”

Yn ddilys o 01/04/2007

Criminal Justice Act 1991 (c. 53) U.K.

30 U.K. 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) U.K.

31 U.K. 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 U.K. 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) U.K.

33 U.K. 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).”

Yn ddilys o 05/12/2005

Family Law Act 1996 (c. 27) U.K.

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. U.K.

(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 U.K. 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 ”.

Yn ddilys o 01/07/2007

36 (1) Section 42 of that Act (non-molestation orders) is amended as follows. U.K.

(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”.

Yn ddilys o 01/07/2007

37 (1) Section 46 of that Act (undertakings) is amended as follows. U.K.

(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 ”.

Yn ddilys o 01/07/2007

38 (1) Section 47 of that Act (arrest for breach of occupation order or non-molestation order) is amended as follows. U.K.

(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,”.

Yn ddilys o 01/07/2007

39 U.K. In section 49 of that Act (variation and discharge of orders), in subsection (4) omit “or non-molestation order”.

40 U.K. 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. U.K.

(2) At the beginning of the definition of “cohabitant” and “former cohabitant” insert

, ”.

(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. U.K.

(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 ”.

Yn ddilys o 30/09/2009

Protection from Harassment Act 1997 (c. 40) U.K.

43 (1) Section 5 of the Protection from Harassment Act 1997 (power to make restraining order where defendant convicted of offence under section 2 or 4 of that Act) is amended as follows. U.K.

(2) In the heading, at the end insert “ on conviction ”.

(3) In subsection (2) omit “further”.

44 U.K. 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) U.K.

45 (1) Section 47 of the Crime (Sentences) Act 1997 (power to specify hospital units) is amended as follows. U.K.

(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 (1) Schedule 1 to that Act (transfers of prisoners within the British Islands) (as amended by Schedule 32 to the Criminal Justice Act 2003) is amended as follows. U.K.

(2) In paragraph 8 (restricted transfers from England and Wales to Scotland), in sub-paragraphs (2)(a) and (4)(a), for “264” substitute “ 264A ”.

(3) In paragraph 9 (restricted transfers from England and Wales to Northern Ireland), in sub-paragraphs (2)(a) and (4)(a), for “264” substitute “ 264A ”.

Yn ddilys o 30/09/2009

Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) U.K.

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. U.K.

(2) In the heading, at the end insert “ on conviction ”.

(3) In paragraph (2) omit “further”.

Yn ddilys o 30/09/2009

Crime and Disorder Act 1998 (c. 37) U.K.

48 U.K. 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).

Yn ddilys o 01/04/2007

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

49 U.K. In section 132 of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders: appeals etc), after subsection (4) insert—

“(4A) Where an order is made in respect of a person under subsection (3) or (4) above, the Court of Appeal or House of Lords shall make such order for the payment of a surcharge under section 161A of the Criminal Justice Act 2003, or such variation of the order of the Crown Court under that section, as is necessary to secure that the person’s liability under that section is the same as it would be if he were being dealt with by the Crown Court.”

50 U.K. In section 136 of that Act (power to order statement as to financial circumstances of parent or guardian), in subsection (1), for “or compensation” substitute “ , compensation or surcharge ”.

51 (1) Section 137 of that Act (power to order parent or guardian to pay fine, costs or compensation) is amended as follows. U.K.

(2) In the heading, for “or compensation” substitute “ , compensation or surcharge ”.

(3) After subsection (1) insert—

“(1A) Where but for this subsection a court would order a child or young person to pay a surcharge under section 161A of the Criminal Justice Act 2003, the court shall order that the surcharge be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied—

(a) that the parent or guardian cannot be found; or

(b) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.”

(4) In subsection (3), for “subsections (1) and (2)” substitute “ subsections (1) to (2) ”.

52 (1) Section 138 of that Act (fixing of fine or compensation to be paid by parent or guardian) is amended as follows. U.K.

(2) In the heading, for “or compensation” substitute “ , compensation or surcharge ”.

(3) Before paragraph (a) of subsection (1) insert—

“(za) subsection (3) of section 161A of the Criminal Justice Act 2003 (surcharges) and subsection (4A) of section 164 of that Act (fixing of fines) shall have effect as if any reference in those subsections to the offender’s means were a reference to those of the parent or guardian;”.

53 U.K. 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) U.K.

54 U.K. The Criminal Justice and Court Services Act 2000 is amended as follows.

55 U.K. Section 69 (duties in connection with victims of certain offences) (which is superseded by section 35 of this Act) is repealed.

56 U.K. 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) U.K.

57 (1) Section 133 of the Sexual Offences Act 2003 (general interpretation of Part 2) is amended as follows. U.K.

(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 U.K. 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. U.K.

(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) U.K.

60 U.K. 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 U.K. 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 ”.”

Yn ddilys o 08/01/2007

62 U.K. 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.”

Yn ddilys o 01/04/2007

63 U.K. In section 151 of that Act (community order for persistent offender previously fined), in subsection (5), after “compensation order” insert “ or a surcharge under section 161A ”.

Yn ddilys o 01/12/2020

64 U.K. In section 305 of that Act (interpretation of Part 12), in subsection (1), insert at the appropriate place—

““compensation order” has the meaning given by section 130(1) of the Sentencing Act;”.

65 U.K. 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 U.K. 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).”

Section 58(2)

SCHEDULE 11 U.K. Repeals

Commencement Information

I1 Sch. 11 partly in force; Sch. 11 not in force at Royal Assent see s. 60; Sch. 11 in force for certain purposes at 21.3.2005 and 31.3.2005 by S.I. 2005/579, arts. 2(e), 3(i); Sch. 11 in force for certain purposes at 1.7.2005 by S.I. 2005/1705, art. 2(f); Sch. 11 in force for certain purposes at 5.12.2005 by S.I. 2005/3196, art. 2(e); Sch. 11 in force for certain purposes at 1.7.2007 by S.I. 2007/1845, art. 2(d); Sch. 11 in force for certain purposes at 30.9.2009 by S.I. 2009/2501, art. 2(e) and S.I. 2009/2616, art. 2(d)

Short title and chapter	Extent of repeal
Criminal Procedure (Insanity) Act 1964 (c. 84)	Section 7. In section 8— (a) the proviso to subsection (3); (b) in subsection (4), the words from “, except” to “courts-martial,”. Schedule 2.
Criminal Appeal Act 1968 (c. 19)	Section 14A.
Courts-Martial (Appeals) Act 1968 (c. 20)	In Schedule 3, paragraph 3(b).
Juries Act 1974 (c. 23)	In section 11, paragraph (b) of subsection (5) and “(b)” in subsection (6). In Schedule 1, paragraph 4(2).
Supreme Court Act 1981 (c. 54)	In section 55(4)(a)(iii), the words “of a jury”.
Mental Health Act 1983 (c. 20)	In section 69(2)(a), the words “or section 5(1) of the Criminal Procedure (Insanity) Act 1964”. Section 71(5) and (6). Section 79(1)(b).
Prosecution of Offences Act 1985 (c. 23)	In section 16(4), the word “or” preceding paragraph (c).
Coroners Act 1988 (c. 13)	In section 16(1)(a), the word “or” preceding sub-paragraph (iii). In section 17, in subsections (1) and (2) the word “or” preceding paragraph (c).
Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)	Sections 3 and 5. In section 6 (a) the definition of “local probation board” in subsection (1); (b) subsection (2). Schedules 1 and 2.
Law Reform (Year and a Day Rule) Act 1996 (c. 19)	In section 2(3), the word “or” preceding paragraph (b).
Family Law Act 1996 (c. 27)	Section 41. In section 42(5)(a), the words from “or” to “made”. Section 47(1). In section 49(4), the words “or non-molestation order”.
Armed Forces Act 1996 (c. 46)	Section 8. Schedule 2.
Protection from Harassment Act 1997 (c. 40)	In section 5, the words “under section 2 or 4” in subsection (1) and the word “further” in subsection (2).
Crime (Sentences) Act 1997 (c. 43)	In section 47 (a) in subsection (1), paragraph (d) and the word “or” preceding it; (b) in subsection (2), paragraph (c) and the word “and” preceding it.
Protection from Harassment (Northern Ireland) Order 1997 (S.I.1997/1180(N.I.9))	In Article 7, the words “under Article 4 or 6” in paragraph (1) and the word “further” in paragraph (2).
Crime and Disorder Act 1998 (c. 37)	Section 32(7).
Access to Justice Act 1999 (c. 22)	In Schedule 13, paragraph 163.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)	In Schedule 9, paragraph 133.
Care Standards Act 2000 (c. 14)	In Schedule 4, paragraph 16.
Criminal Justice and Court Services Act 2000 (c. 43)	Section 69. In Schedule 7, paragraphs 99 to 102.
Sexual Offences Act 2003 (c. 42)	Section 135(4)(c).
Criminal Justice Act 2003 (c. 44)	In section 246(6), in the definition of “the required custodial days”, the word “or” preceding paragraph (b). In section 264(1), the word “and” preceding paragraph (b).

Section 59

SCHEDULE 12 U.K. Transitional and transitory provisions

Yn ddilys o 01/07/2007

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. U.K.

(2) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference to 12 months 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 U.K. 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.

Prospective

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— U.K.

(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 U.K. Section 10 applies only in relation to offences committed on or after the commencement of that section.

Commencement Information

I2 Sch. 12 para. 4 partly in force; para. 4 not in force at Royal Assent see s. 60; para. 4 in force for certain purposes at 1.7.2005 by S.I. 2005/1705, art. 2(h)

Yn ddilys o 30/09/2009

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. U.K.

(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.

Yn ddilys o 30/09/2009

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. U.K.

(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.

Yn ddilys o 01/04/2007

7 U.K. Section 14 applies only in relation to offences committed on or after the commencement of that section.

8 (1) The provisions mentioned in sub-paragraph (2) do not apply— U.K.

(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 U.K. 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.

Prospective

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