Domestic Violence, Crime and Victims Act 2004

9 Establishment and conduct of reviews E+W+N.I.

(1) In this section “domestic homicide review” means a review of the circumstances in which the death of a person aged 16 or over has, or appears to have, resulted from violence, abuse or neglect by—

(a) a person to whom he was related or with whom he was or had been in an intimate personal relationship, or

(b) a member of the same household as himself,

held with a view to identifying the lessons to be learnt from the death.

(2) The Secretary of State may in a particular case direct a specified person or body within subsection (4) to establish, or to participate in, a domestic homicide review.

(3) It is the duty of any person or body within subsection (4) establishing or participating in a domestic homicide review (whether or not held pursuant to a direction under subsection (2)) to have regard to any guidance issued by the Secretary of State as to the establishment and conduct of such reviews.

[F1 (3A) Any reference in subsection (2) or (3) to the Secretary of State shall, in relation to persons and bodies within subsection (4)(b), be construed as a reference to the Department of Justice in Northern Ireland.]

(4) The persons and bodies within this subsection are—

(a) in relation to England and Wales—

• chief officers of police for police areas in England and Wales;

• local authorities;

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

• [F2 the National Health Service Commissioning Board;]

• [F2 clinical commissioning groups established under section 14D of the National Health Service Act 2006;]

• [F3 providers of probation services;]

• F4 ...

• F5 ...

• Local Health Boards established under [F6 section 11 of the National Health Service (Wales) Act 2006];

• NHS trusts established under [F7 section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006];

(b) in relation to Northern Ireland—

• the Chief Constable of the Police Service of Northern Ireland;

• the Probation Board for Northern Ireland;

• Health and Social Services Boards established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14));

• Health and Social Services trusts established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)).

(5) In subsection (4)(a) “local authority” means—

(a) in relation to England, the council of a district, county or London borough, the Common Council of the City of London and the Council of the Isles of Scilly;

(b) in relation to Wales, the council of a county or county borough.

(6) The Secretary of State may [F8 , in relation to England and Wales,] by order amend subsection [F9 (4)(a)] or (5).

[F10 (7) The Department of Justice in Northern Ireland may, in relation to Northern Ireland, by order amend subsection (4)(b).]

Textual Amendments

F1 S. 9(3A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 85(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F2 Words in s. 9(4)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 126(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 Words in s. 9(4)(a) 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(2)

F4 Words in s. 9(4)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 126(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 Words in s. 9(4)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 126(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6 Words in s. 9(4)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 263(c) (with Sch. 3 Pt. 1)

F7 Words in s. 9(4)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 263(d) (with Sch. 3 Pt. 1)

F8 Words in s. 9(6) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 85(3)(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F9 Words in s. 9(6) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 85(3)(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F10 S. 9(7) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 85(4) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Commencement Information

I1 S. 9 in force at 13.4.2011 for E.W. by S.I. 2011/1008, art. 2