Domestic Violence, Crime and Victims Bill [HL]

House of Lords

Session 2003 - 04
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Other Bills before Parliament

Domestic Violence, Crime and Victims Bill [HL]

Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
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(a)
the requirement under section 4 of the Criminal Procedure (Insanity)
Act 1964 (c. 84) that a question of fitness to be tried be determined by a
jury, or
(b)
the requirement under section 4A of that Act that any question, finding
or verdict mentioned in that section be determined, made or returned
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by a jury.
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Rules of court
(1)
Rules of court may make such provision as appears to the authority making
them to be necessary or expedient for the purposes of sections 9 to 11.
(2)
Without limiting subsection (1), rules of court may in particular make
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provision for time limits within which applications under section 9 must be
made or within which other things in connection with that section or section 10
or 11 must be done.
(3)
Nothing in this section is to be taken as affecting the generality of any
enactment conferring powers to make rules of court.
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Part 3
Victims etc
Victims’ code
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Code of practice for victims
(1)
The Secretary of State must issue a code of practice as to the services to be
20
provided to a victim of criminal conduct by persons appearing to him to have
functions relating to—
(a)
victims of criminal conduct, or
(b)
any aspect of the criminal justice system.
(2)
The code may restrict the application of its provisions to—
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(a)
specified descriptions of victims;
(b)
victims of specified offences or descriptions of conduct;
(c)
specified persons or descriptions of persons appearing to the Secretary
of State to have functions of the kind mentioned in subsection (1).
(3)
The code may include provision requiring or permitting the services which are
30
to be provided to a victim to be provided to one or more others—
(a)
instead of the victim (for example where the victim has died);
(b)
as well as the victim.
(4)
The code may make different provision for different purposes, including
different provision for—
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(a)
different descriptions of victims;
(b)
persons who have different functions or descriptions of functions;
(c)
different areas.
(5)
The code may not require anything to be done by—
(a)
a person acting in a judicial capacity;
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Domestic Violence, Crime and Victims Bill [HL]
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(b)
a person acting in the discharge of a function of a member of the Crown
Prosecution Service which involves the exercise of a discretion.
(6)
In determining whether a person is a victim of criminal conduct for the
purposes of this section, it is immaterial that no person has been charged with
or convicted of an offence in respect of the conduct.
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(7)
In this section—

“criminal conduct” means conduct constituting an offence;

“specified” means specified in the code.
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Procedure
(1)
Subsections (2) to (7) apply in relation to a code of practice required to be issued
10
under section 13.
(2)
The Secretary of State must prepare a draft of the code.
(3)
In preparing the draft 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.
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(4)
After preparing the draft the Secretary of State must—
(a)
publish the draft;
(b)
specify a period during which representations about the draft may be
made to him.
(5)
The Secretary of State must—
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(a)
consider in consultation with 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 any representations made
to him before the end of the specified period about the draft;
(b)
if he thinks it appropriate, modify the draft in the light of any such
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representations.
(6)
After the Secretary of State has proceeded under subsection (5) he must lay the
code before Parliament.
(7)
When he has laid the code before Parliament the Secretary of State must bring
it into operation on such day as he appoints by order.
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(8)
The Secretary of State may from time to time revise a code previously brought
into operation under this section; and subsections (2) to (7) apply to a revised
code as they apply to the code as first prepared.
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Effect of non-compliance
(1)
If a person fails to perform a duty imposed on him by a code issued under
35
section 13, the failure does not of itself make him liable to criminal or civil
proceedings.
(2)
But the code is admissible in evidence in criminal or civil proceedings and a
court may take into account a failure to comply with the code in determining a
question in the proceedings.
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Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
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Parliamentary Commissioner
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Investigations by Parliamentary Commissioner
Schedule 1 (which amends the Parliamentary Commissioner Act 1967 (c. 13))
has effect.
Commissioner for Victims and Witnesses
5
17
Commissioner for Victims and Witnesses
(1)
The Secretary of State must appoint a Commissioner for Victims and Witnesses
(referred to in this Part as the Commissioner).
(2)
Before appointing the Commissioner the Secretary of State must consult the
Attorney General and (if the Secretary of State is not the Secretary of State for
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Constitutional Affairs) the Secretary of State for Constitutional Affairs as to the
person to be appointed.
(3)
The Commissioner is a corporation sole.
(4)
The Commissioner is not to be regarded—
(a)
as the servant or agent of the Crown, or
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(b)
as enjoying any status, immunity or privilege of the Crown.
(5)
The Commissioner’s property is not to be regarded as property of, or held on
behalf of, the Crown.
(6)
Schedule 2 (which make further provision in connection with the
Commissioner) has effect.
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General functions of Commissioner
(1)
The Commissioner must—
(a)
promote the interests of victims and witnesses;
(b)
take such steps as he considers appropriate with a view to encouraging
good practice in the treatment of victims and witnesses;
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(c)
keep under review the operation of the code of practice issued under
section 13.
(2)
The Commissioner may, for any purpose connected with the performance of
his duties under subsection (1)—
(a)
make proposals to the Secretary of State for amending the code (at the
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request of the Secretary of State or on his own initiative);
(b)
make a report to the Secretary of State;
(c)
make recommendations to an authority within his remit;
(d)
undertake or arrange for or support (financially or otherwise) the
carrying out of research;
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(e)
consult any person he thinks appropriate.
(3)
If the Commissioner makes a report to the Secretary of State under subsection
(2)(b)—
(a)
the Commissioner must send a copy of the report to the Attorney
General and (if the Secretary of State to whom the Commissioner makes
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Domestic Violence, Crime and Victims Bill [HL]
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the report is not the Secretary of State for Constitutional Affairs) the
Secretary of State for Constitutional Affairs;
(b)
the Secretary of State must lay a copy of the report before Parliament
and arrange for the report to be published.
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Advice
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(1)
If he is required to do so by a Minister of the Crown, the Commissioner must
give advice to the Minister of the Crown in connection with any matter
which—
(a)
is specified by the Minister, and
(b)
relates to victims or witnesses.
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(2)
If he is required to do so by or on behalf of an authority within his remit, the
Commissioner must give advice to the authority in connection with the
information provided or to be provided by or on behalf of the authority to
victims or witnesses.
(3)
In this section “Minister of the Crown” includes the Treasury.
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Restrictions on exercise of functions
The Commissioner must not exercise any of his functions in relation to—
(a)
a particular victim or witness;
(b)
the bringing or conduct of particular criminal proceedings;
(c)
anything done or omitted to be done by a person acting in a judicial
20
capacity or on the instructions of or on behalf of such a person.
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“Victims” and “witnesses”
(1)
This section applies for the purposes of sections 17 to 20.
(2)
“Victim” means a victim of an offence.
(3)
It is immaterial for the purposes of subsection (2) that—
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(a)
no complaint has been made about the offence;
(b)
no person has been charged with or convicted of the offence.
(4)
“Witness” means a person (other than a defendant)—
(a)
who has witnessed conduct in relation to which he may be or has been
called to give evidence in criminal proceedings;
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(b)
who is able to provide or has provided anything which might be used
or has been used as evidence in criminal proceedings; or
(c)
who is able to provide or has provided anything mentioned in
subsection (5) (whether or not admissible in evidence in criminal
proceedings).
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(5)
The things referred to in subsection (4)(c) are—
(a)
anything which might tend to confirm, has tended to confirm or might
have tended to confirm evidence which may be, has been or could have
been admitted in criminal proceedings;
(b)
anything which might be, has been or might have been referred to in
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evidence given in criminal proceedings by another person;

Domestic Violence, Crime and Victims Bill [HL]
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(c)
anything which might be, has been or might have been used as the basis
for any cross examination in the course of criminal proceedings.
(6)
For the purposes of subsection (4) a person is a defendant in relation to any
criminal proceedings if he might be, has been or might have been charged with
or convicted of an offence in the proceedings.
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Authorities within Commissioner’s remit
(1)
For the purposes of this Part the authorities within the Commissioner’s remit
are those specified in Schedule 3.
(2)
The Secretary of State may by order amend Schedule 3 by—
(a)
adding an authority appearing to him to exercise functions of a public
10
nature;
(b)
omitting an authority;
(c)
changing the description of an authority.
(3)
In preparing a draft of an order under subsection (2) the Secretary of State must
consult the Attorney General and (if the Secretary of State is not the Secretary
15
of State for Constitutional Affairs) the Secretary of State for Constitutional
Affairs.
Information
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Disclosure of information
(1)
A person may disclose information to a relevant authority for a purpose
20
specified in subsection (2).
(2)
The purposes are purposes connected with any of these—
(a)
compliance with the code issued under section 13;
(b)
compliance with section 69 of the Criminal Justice and Court Services
Act 2000 (c. 43) (duties of local probation boards in connection with
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victims of certain offences);
(c)
the carrying out of the functions of the Commissioner.
(3)
These are relevant authorities—
(a)
a person required to do anything under the code issued under section
13;
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(b)
a local probation board established under section 4 of the Criminal
Justice and Court Services Act 2000;
(c)
the Commissioner;
(d)
an authority within the Commissioner’s remit.
(4)
The Secretary of State may by order—
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(a)
amend subsection (2) by adding any purpose appearing to him to be
connected with the assistance of victims, witnesses or other persons
affected by offences;
(b)
amend subsection (3) by adding any authority appearing to him to
exercise functions of a public nature.
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(5)
The reference in subsection (4)(a) to persons affected by offences does not
include persons accused or convicted of offences.

Domestic Violence, Crime and Victims Bill [HL]
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(6)
The Secretary of State may exercise the power in subsection (4) only 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.
(7)
A disclosure under this section is not to be taken to breach any restriction on
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the disclosure of information (however imposed).
(8)
But nothing in this section authorises the making of a disclosure which
contravenes the Data Protection Act 1998 (c. 29).
(9)
This section does not affect a power to disclose which exists apart from this
section.
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Victims’ Advisory Panel
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Victims’ Advisory Panel
(1)
The Secretary of State must appoint persons to form a panel, to be known as
the Victims’ Advisory Panel.
(2)
The Secretary of State must consult the Attorney General and (if the Secretary
15
of State is not the Secretary of State for Constitutional Affairs) the Secretary of
State for Constitutional Affairs before—
(a)
appointing a person to the Panel, or
(b)
removing a person from the Panel.
(3)
The Secretary of State must consult the Panel at such times and in such manner
20
as he thinks appropriate on matters appearing to him to relate to victims of
offences or witnesses of offences.
(4)
The Secretary of State may reimburse the members of the Panel for such of their
travelling and other expenses as he thinks appropriate.
(5)
If the Secretary of State consults the Panel under subsection (3) in a particular
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year, he must arrange for the Panel to prepare a report for the year—
(a)
summarising what the Panel has done in response to the consultation,
and
(b)
dealing with such other matters as the Panel consider appropriate.
(6)
If a report is prepared under subsection (5), the Secretary of State must—
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(a)
arrange for it to be published, and
(b)
lay it before Parliament.
(7)
The non-statutory Victims’ Advisory Panel is to be treated as having been
established in accordance with this section.
(8)
If the Secretary of State consults the non-statutory Victims’ Advisory Panel on
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a matter mentioned in subsection (3) before the date on which this section
comes into force, the consultation is to be treated as taking place under
subsection (3).
(9)
The non-statutory Victims’ Advisory Panel is the unincorporated body of
persons known as the Victims’ Advisory Panel established by the Secretary of
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State before the date on which this section comes into force.
(10)
In this section “year” means a period of 12 months beginning on 1 April.