Domestic Violence, Crime and Victims Act 2004 in Wales
2004 c. 28 · Enacted 15 November 2004 · Extends to United Kingdom
An Act to amend Part 4 of the Family Law Act 1996, the Protection from Harassment Act 1997 and the Protection from Harassment (Northern Ireland) Order 1997; to make provision about homicide; to make common assault an arrestable offence; to make provision for the payment of surcharges by offenders; to make provision about alternative verdicts; to provide for a procedure under which a jury tries only sample counts on an indictment; to make provision about findings of unfitness to plead and about persons found unfit to plead or not guilty by reason of insanity; to make provision about the execution of warrants; to make provision about the enforcement of orders imposed on conviction; to amend section 58 of the Criminal Justice Act 2003 and to amend Part 12 of that Act in relation to intermittent custody; to make provision in relation to victims of offences, witnesses of offences and others affected by offences; and to make provision about the recovery of compensation from offenders.
[15th November 2004]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Domestic violence etc
- Amendments to Part 4 of the Family Law Act 1996
- 1Breach of non-molestation order to be a criminal offence
- 2Additional considerations if parties are cohabitants or former cohabitants
- 3“Cohabitants” in Part 4 of 1996 Act to include same-sex couples
- 4Extension of Part 4 of 1996 Act to non-cohabiting couples
- Causing or allowing a child or vulnerable adult to die or suffer serious physical harm
- 5The offence
- 6Evidence and procedure in cases of death: England and Wales
- 6AEvidence and procedure in cases of serious physical harm: England and Wales
- 8Evidence and procedure: the Court Martial
- Domestic abuse related death reviews
- 8AEstablishment and conduct of reviews
- Domestic homicide reviews
- 9Establishment and conduct of reviews
- Part 2: Criminal Justice
- Assault, harassment etc
- 10Common assault to be an arrestable offence
- 11Common assault etc as alternative verdict
- 12Restraining orders: England and Wales
- Surcharges
- 14Surcharge payable on conviction
- 15Increase in maximum on-the-spot penalty for disorderly behaviour
- 16Higher fixed penalty for repeated road traffic offences Not yet in force
- Trial by jury of sample counts only
- 17Application by prosecution for certain counts to be tried without a jury
- 18Procedure for applications under section 17
- 19Effect of order under section 17(2)
- 20Rules of court
- 21Application of sections 17 to 20 to Northern Ireland
- Unfitness to plead and insanity
- 22Procedure for determining fitness to plead: England and Wales
- 24Powers of court on finding of insanity or unfitness to plead etc
- 25Appeal against order made on finding of insanity or unfitness to plead etc
- 26Courts-martial etc
- Miscellaneous
- 27Powers of authorised officers executing warrants
- 28Disclosure orders for purpose of executing warrants
- 29Procedure on breach of community penalty etc
- 30Prosecution appeals
- 31Intermittent custody Repealed
- Part 3: Victims etc
- Chapter 1: The victims' code
- 32Code of practice for victims
- 33Procedure
- 34Effect of non-compliance
- 2Representations and information
- 3Other matters relating to victims etc
- Part 3A: Victims’ rights to make representations and receive information etc
- Chapter 1: Representations and information
- Imprisonment or detention
- 35Victims' rights to make representations and receive information
- Hospital orders
- 36Victims' rights: preliminary
- 36ASupplemental provision for case where no restriction order made
- 37Representations where restriction order made
- 37ZAVictim impact statements where restriction order made
- 37ARepresentations where restriction order not made
- 38Information where restriction order made
- 38AInformation where restriction order not made
- 38BRemoval of restriction
- Hospital directions
- 39Victims' rights: preliminary
- 40Representations
- 41Information
- 41ARemoval of restriction
- Transfer directions
- 42Victims' rights: preliminary
- 42ASupplemental provision for case where no restriction direction given
- 43Representations where restriction direction made
- 43ARepresentations where restriction direction not given
- 44Information where restriction direction made
- 44AInformation where restriction direction not given
- 44BRemoval of restriction
- Chapter 2: Information: victims’ rights
- Imprisonment or detention
- 44CVictims’ rights to receive information
- Hospital orders
- 44DInformation where restriction order made
- 44EVictim impact statements where restriction order made
- 44FInformation where restriction order not made
- 44GRemoval of restriction
- Hospital directions
- 44HInformation
- 44IRemoval of restriction
- Transfer directions
- 44JInformation where restriction direction given
- 44KInformation where restriction direction not given
- 44LRemoval of restriction
- Chapter 3: Information: powers etc
- 44MPower to disclose information to victims
- 44NVictim impact statements where hospital order made with restriction order Not yet in force
- 44OSaving for other powers of provider of probation services
- Chapter 4: Interpretation etc
- ...
- 45Interpretation: sections 35 to 44B
- 46Victims of mentally disordered persons
- Part 3B: Other matters relating to victims etc
- Parliamentary Commissioner
- 47Investigations by Parliamentary Commissioner
- Commissioner for Victims and Witnesses
- 48Commissioner for Victims and Witnesses
- 49General functions of Commissioner
- 49ADuty to respond to Commissioner’s recommendations
- 50Advice
- 51Restrictions on exercise of functions
- 51ADuty to co-operate with Commissioner
- 52“Victims” and “witnesses”
- 53Authorities within Commissioner’s remit
- Disclosure of information
- 54Disclosure of information
- ...
- 55Victims' Advisory Panel Repealed
- Grants
- 56Grants for assisting victims, witnesses etc
- Criminal injuries compensation
- 57Recovery of criminal injuries compensation from offenders
- Part 4: Supplementary
- 58Amendments and repeals
- 59Transitional and transitory provisions
- 60Commencement
- 61Orders
- 62Extent
- 63Short title
- Schedule 1: Modification of sections 17 to 20 for Northern Ireland
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 2: Supervision orders on finding of insanity or unfitness to plead etc
- Paragraph
- Schedule 3: 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)
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Naval Discipline Act 1957 (c. 53)
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- Courts-Martial (Appeals) Act 1968 (c. 20)
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15 Repealed
- Schedule 4: Powers of authorised officers executing warrants
- Paragraph
- Schedule 5: Procedure on breach of community penalty etc
- Interpretation
- 1Paragraph 1
- Detention and training orders
- 2Paragraph 2 Repealed
- Suspended sentence supervision orders
- 3Paragraph 3
- Community orders under the Sentencing Act
- 4Paragraph 4
- Curfew orders and exclusion orders
- 5Paragraph 5
- Attendance centre orders
- 6Paragraph 6
- Community orders under the 2003 Act
- 7Paragraph 7 Repealed
- Suspended sentence orders under the 2003 Act
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- Local justice areas
- 10Paragraph 10
- Schedule 6: Intermittent custody Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Schedule 7: Investigations by Parliamentary Commissioner
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 8Schedule 8
- Schedule 9: Authorities within Commissioner’s remit
- Government departments
- 1Paragraph 1
- 9Paragraph 9 Repealed
- Customs and Excise
- 10Paragraph 10
- Police forces etc
- 11Paragraph 11
- 11AParagraph 11A
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 16AParagraph 16A
- Criminal injuries compensation
- 17Paragraph 17
- 18Paragraph 18
- Health and safety
- 19Paragraph 19 Repealed
- 20Paragraph 20
- 20AParagraph 20A
- Legal services
- 21Paragraph 21 Repealed
- Court administration
- 22Paragraph 22
- Criminal justice system
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 25AParagraph 25A
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 29AParagraph 29A
- 29BParagraph 29B
- 29CParagraph 29C
- Maritime and coastguards
- 30Paragraph 30
- Schedule 10: Minor and consequential amendments
- Colonial Prisoners Removal Act 1884 (c. 31)
- 1Paragraph 1
- Children and Young Persons Act 1933 (c. 12)
- 2Paragraph 2
- Criminal Procedure (Insanity) Act 1964 (c. 84)
- 3Paragraph 3
- Criminal Appeal Act 1968 (c. 19)
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))
- 7Paragraph 7
- Juries Act 1974 (c. 23)
- 8Paragraph 8
- Rehabilitation of Offenders Act 1974 (c. 53)
- 9Paragraph 9
- Magistrates' Courts Act 1980 (c. 43)
- 10Paragraph 10
- 11Paragraph 11
- Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
- 12Paragraph 12
- 13Paragraph 13 Not yet in force
- Supreme Court Act 1981 (c. 54)
- 14Paragraph 14
- 15Paragraph 15 Not yet in force
- Criminal Justice Act 1982 (c. 48)
- 16Paragraph 16
- Representation of the People Act 1983 (c. 2)
- 17Paragraph 17
- Mental Health Act 1983 (c. 20)
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Police and Criminal Evidence Act 1984 (c. 60)
- 24Paragraph 24 Repealed
- Prosecution of Offences Act 1985 (c. 23)
- 25Paragraph 25
- Coroners Act 1988 (c. 13)
- 26Paragraph 26
- 27Paragraph 27
- Criminal Justice Act 1988 (c. 33) Not yet in force
- 28Paragraph 28 Not yet in force
- Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
- 29Paragraph 29 Repealed
- Criminal Justice Act 1991 (c. 53)
- 30Paragraph 30
- Criminal Appeal Act 1995 (c. 35)
- 31Paragraph 31
- 32Paragraph 32
- Law Reform (Year and a Day Rule) Act 1996 (c. 19)
- 33Paragraph 33
- Family Law Act 1996 (c. 27)
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- Protection from Harassment Act 1997 (c. 40)
- 43Paragraph 43 Repealed
- 44Paragraph 44
- Crime (Sentences) Act 1997 (c. 43)
- 45Paragraph 45
- 46Paragraph 46 Repealed
- Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9))
- 47Paragraph 47
- Crime and Disorder Act 1998 (c. 37)
- 48Paragraph 48
- Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
- 49Paragraph 49 Repealed
- 50Paragraph 50 Repealed
- 51Paragraph 51 Repealed
- 52Paragraph 52 Repealed
- 53Paragraph 53
- Criminal Justice and Court Services Act 2000 (c. 43)
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- Sexual Offences Act 2003 (c. 42)
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- Criminal Justice Act 2003 (c. 44)
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63 Repealed
- 64Paragraph 64 Repealed
- 65Paragraph 65
- 66Paragraph 66
- Schedule 11Repeals
- Schedule 12: Transitional and transitory provisions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3 Not yet in force
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7 Repealed
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10 Not yet in force