Domestic Violence, Crime and Victims Bill [HL]

House of Lords

Session 2003 - 04
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Domestic Violence, Crime and Victims Bill [HL]

Domestic Violence, Crime and Victims Bill [HL]
Part 4 — Supplementary
14

Grants
25
Grants for assisting victims, witnesses etc
(1)
The Secretary of State may pay such grants to such persons as he considers
appropriate in connection with measures which appear to him to be intended
to assist victims, witnesses or other persons affected by offences.
5
(2)
The Secretary of State may make a grant under this section subject to such
conditions as he considers appropriate.
Part 4
Supplementary
26
Amendments and repeals
10
(1)
Schedule 4 (minor and consequential amendments) has effect.
(2)
The enactments mentioned in Schedule 5 are repealed to the extent specified.
27
Transitional and transitory provisions
(1)
Section 1 and paragraphs 4 to 6 of Schedule 4 apply only in relation to conduct
occurring on or after the commencement of that section.
15
(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.
(3)
In section 4, the reference in subsection (1)(a) to an unlawful act does not
20
include an act that (or so much of an act as) occurs before the commencement
of that section.
(4)
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), the reference in section 5(2) above to the
25
question whether there is a case to answer on the charge of murder or
manslaughter includes a reference to the question whether, for the purposes of
section 6(1) of the 1980 Act, there is sufficient evidence against the person in
question to put him on trial by jury for that offence.
(5)
Section 7 applies only in relation to offences committed on or after the
30
commencement of that section.
(6)
Section 8(1) and paragraphs 10(3) and 12 of Schedule 4 do not apply where the
conviction occurs before the commencement of those provisions.
(7)
Section 8(2) applies only in relation to applications made on or after the
commencement of that provision.
35
(8)
Section 8(3) and paragraphs 10(2) and 11 of Schedule 4 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.
(9)
Each entry in Schedule 5 applies in the same way as the provision of this Act to
which it corresponds.
40

Domestic Violence, Crime and Victims Bill [HL]
Part 4 — Supplementary
15

28
Commencement
The preceding provisions of this Act come into force in accordance with
provision made by the Secretary of State by order.
29
Orders
(1)
An order under this Act—
5
(a)
may make different provision for different purposes;
(b)
may include supplementary, incidental, saving or transitional
provisions.
(2)
Any power to make an order under this Act is exercisable by statutory
instrument.
10
(3)
A statutory instrument containing an order under section 6(5) or 14(7) is
subject to annulment in pursuance of a resolution of either House of
Parliament.
(4)
No order may be made under section 22(2) or 23(4) unless a draft of the order
has been laid before Parliament and approved by a resolution of each House.
15
30
Extent
(1)
Apart from section 7(2), which extends to Northern Ireland only, Parts 1 and 2
and section 26 (and Schedules 4 and 5) extend to England and Wales only.
(2)
Sections 13 to 23 extend to England and Wales only, except that the
amendments in Schedules 1 and 2 have the same extent as the provisions
20
amended.
31
Short title
This Act may be cited as the Domestic Violence, Crime and Victims Act 2004.

Domestic Violence, Crime and Victims Bill [HL]
Schedule 1 — Investigations by Parliamentary Commissioner
16

Schedules
Schedule 1
Section 16

Investigations by Parliamentary Commissioner
1
The Parliamentary Commissioner Act 1967 (c. 13) is amended as follows.
2     (1)
Section 5 (matters subject to investigation) is amended as follows.
5
      (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
10
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.
15
(1B)
For the purposes of subsection (1A) of this section a relevant duty is
a duty imposed by—
(a)
a code of practice issued under section 13 of the Domestic
Violence, Crime and Victims Act 2004 (code of practice for
victims), or
20
(b)
section 69 of the Criminal Justice and Court Services Act 2000
(duties of local probation boards in connection with victims
of certain offences).
(1C)
If this subsection applies, the Commissioner may investigate the
complaint.”
25
      (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
30
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
35
6A to 11 of Schedule 3 to this Act.

Domestic Violence, Crime and Victims Bill [HL]
Schedule 1 — Investigations by Parliamentary Commissioner
17

(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
5
either House of Parliament.”
3     (1)
Section 7 (procedure in respect of investigations) is amended as follows.
      (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
10
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”.
15
      (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”.
20
4     (1)
Section 8 (evidence) is amended as follows.
      (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
25
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”.
30
5     (1)
Section 10 (reports by Commissioner) is amended as follows.
      (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
35
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
40
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

Domestic Violence, Crime and Victims Bill [HL]
Schedule 2 — Commissioner for Victims and Witnesses
18

(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.”
5
      (6)
In subsection (5)(d) after “subsection (2)” insert “or (2A)”.
6
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,
10
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
15
5(1A)(a) of this Act is or is alleged to be owed;”.
Schedule 2
Section 17

Commissioner for Victims and Witnesses
Deputy Commissioner
1     (1)
The Secretary of State must appoint a Deputy Commissioner for Victims and
20
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 (if the Secretary of State is not the
Secretary of State for Constitutional Affairs) the Secretary of State for
Constitutional Affairs as to the person to be appointed.
25
      (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
30
(b)
as enjoying any status, immunity or privilege of the Crown.
Terms of appointment
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.
35
      (3)
The person is eligible for re-appointment.
      (4)
The person may at any time resign from office by giving notice in writing to
the Secretary of State.
      (5)
The Secretary of State may at any time remove the person from office if he is
satisfied that the person is unable or unfit to carry out his functions.
40

Domestic Violence, Crime and Victims Bill [HL]
Schedule 2 — Commissioner for Victims and Witnesses
19

      (6)
The Secretary of State must consult the Attorney General and (if the
Secretary of State is not the Secretary of State for Constitutional Affairs) the
Secretary of State for Constitutional Affairs before removing the person
from office.
      (7)
Subject to sub-paragraphs (2) to (6), the person holds office on the terms
5
specified by the Secretary of State after consulting the Attorney General and
(if the Secretary of State is not the Secretary of State for Constitutional
Affairs) the Secretary of State for Constitutional Affairs.
Staff
3     (1)
The Commissioner may appoint such persons as members of his staff as he
10
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—
15
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
Delegation
4
The Commissioner may authorise any member of his staff or the Deputy
Commissioner to carry out any of his functions.
20
Pensions
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—
25
“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.”
30
      (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.
35
Finance
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
40
Commissioner and the Deputy Commissioner.

Domestic Violence, Crime and Victims Bill [HL]
Schedule 2 — Commissioner for Victims and Witnesses
20

Accounts
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;
5
(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;
10
(b)
lay copies of the statement and of his report before Parliament.
Annual plan
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).
15
      (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 (if the
20
Secretary of State is not the Secretary of State for Constitutional Affairs) the
Secretary of State for Constitutional Affairs 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
25
(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
9     (1)
The Commissioner must, as soon as possible after the end of each financial
30
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.
35
      (3)
The Commissioner must send a copy of the report to—
(a)
the Secretary of State,
(b)
the Attorney General, and
(c)
(if the Secretary of State by whom the Commissioner’s annual plan
for the financial year is approved is not the Secretary of State for
40
Constitutional Affairs) the Secretary of State for Constitutional
Affairs.
      (4)
The Secretary of State must—