Part 5Miscellaneous criminal justice provisions

142Commissioner for Victims and Witnesses

(1)

Part 3 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) (victims etc) is amended as follows.

(2)

In section 48 (the Commissioner for Victims and Witnesses)—

(a)

omit subsections (3) to (5) (establishment of corporation sole, no Crown status etc), and

(b)

for subsection (6) substitute—

“(6)

The Secretary of State may pay to, or in respect of, the Commissioner amounts—

(a)

by way of remuneration, pensions, allowances or gratuities, or

(b)

by way of provision for any such benefits.

(7)

The Secretary of State may pay sums in respect of the expenses of the Commissioner.”

(3)

In section 49 (general functions of Commissioner)—

(a)

omit subsection (2)(d) (carrying out of research),

(b)

omit subsection (3)(b) (laying of reports before Parliament), and

(c)

at the end add—

“(4)

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

(5)

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

(a)

the Secretary of State for Justice,

(b)

the Attorney General, and

(c)

the Secretary of State for the Home Department.

(6)

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

(7)

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

(4)

Omit section 50(2) (advice to authorities within Commissioner's remit).

(5)

In section 55 (Victims' Advisory Panel)—

(a)

after subsection (1) insert—

“(1A)

The persons appointed under subsection (1) must include the Commissioner.

(1B)

The Commissioner is to chair the Panel.”,

(b)

in subsection (2), in paragraph (a) for “a” substitute “ any other ”, and

(c)

in paragraph (b) of that subsection for “a” substitute “ such a ”.

(6)

Omit Schedule 8 (supplementary provision about the Commissioner for Victims and Witnesses).