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Domestic Violence, Crime and Victims Act 2004

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Domestic violence etc

    1. Amendments to Part 4 of the Family Law Act 1996

      1. 1.Breach of non-molestation order to be a criminal offence

      2. 2.Additional considerations if parties are cohabitants or former cohabitants

      3. 3.“Cohabitants” in Part 4 of 1996 Act to include same-sex couples

      4. 4.Extension of Part 4 of 1996 Act to non-cohabiting couples

    2. Causing or allowing the death of a child or vulnerable adult

      1. 5.The offence

      2. 6.Evidence and procedure: England and Wales

      3. 7.Evidence and procedure: Northern Ireland

      4. 8.Evidence and procedure: courts-martial

    3. Domestic homicide reviews

      1. 9.Establishment and conduct of reviews

  3. Part 2 Criminal Justice

    1. Assault, harassment etc

      1. 10.Common assault to be an arrestable offence

      2. 11.Common assault etc as alternative verdict

      3. 12.Restraining orders: England and Wales

      4. 13.Restraining orders: Northern Ireland

    2. Surcharges

      1. 14.Surcharge payable on conviction

      2. 15.Increase in maximum on-the-spot penalty for disorderly behaviour

      3. 16.Higher fixed penalty for repeated road traffic offences

    3. Trial by jury of sample counts only

      1. 17.Application by prosecution for certain counts to be tried without a jury

      2. 18.Procedure for applications under section 17

      3. 19.Effect of order under section 17(2)

      4. 20.Rules of court

      5. 21.Application of sections 17 to 20 to Northern Ireland

    4. Unfitness to plead and insanity

      1. 22.Procedure for determining fitness to plead: England and Wales

      2. 23.Procedure for determining fitness to be tried: Northern Ireland

      3. 24.Powers of court on finding of insanity or unfitness to plead etc

      4. 25.Appeal against order made on finding of insanity or unfitness to plead etc

      5. 26.Courts-martial etc

    5. Miscellaneous

      1. 27.Powers of authorised officers executing warrants

      2. 28.Disclosure orders for purpose of executing warrants

      3. 29.Procedure on breach of community penalty etc

      4. 30.Prosecution appeals

      5. 31.Intermittent custody

  4. Part 3 Victims etc

    1. Chapter 1 The victims' code

      1. 32.Code of practice for victims

      2. 33.Procedure

      3. 34.Effect of non-compliance

    2. Chapter 2 Representations and information

      1. Imprisonment or detention

        1. 35.Victims' rights to make representations and receive information

      2. Hospital orders

        1. 36.Victims' rights: preliminary

        2. 37.Representations

        3. 38.Information

      3. Hospital directions

        1. 39.Victims' rights: preliminary

        2. 40.Representations

        3. 41.Information

      4. Transfer directions

        1. 42.Victims' rights: preliminary

        2. 43.Representations

        3. 44.Information

      5. Interpretation

        1. 45.Interpretation: sections 35 to 44

      6. Northern Ireland

        1. 46.Victims of mentally disordered persons

    3. Chapter 3 Other matters relating to victims etc

      1. Parliamentary Commissioner

        1. 47.Investigations by Parliamentary Commissioner

      2. Commissioner for Victims and Witnesses

        1. 48.Commissioner for Victims and Witnesses

        2. 49.General functions of Commissioner

        3. 50.Advice

        4. 51.Restrictions on exercise of functions

        5. 52.“Victims” and “witnesses”

        6. 53.Authorities within Commissioner’s remit

      3. Disclosure of information

        1. 54.Disclosure of information

      4. Victims' Advisory Panel

        1. 55.Victims' Advisory Panel

      5. Grants

        1. 56.Grants for assisting victims, witnesses etc

      6. Criminal injuries compensation

        1. 57.Recovery of criminal injuries compensation from offenders

  5. Part 4 Supplementary

    1. 58.Amendments and repeals

    2. 59.Transitional and transitory provisions

    3. 60.Commencement

    4. 61.Orders

    5. 62.Extent

    6. 63.Short title

    1. Schedule 1

      Modification of sections 17 to 20 for Northern Ireland

    2. Schedule 2

      Supervision orders on finding of insanity or unfitness to plead etc

    3. Schedule 3

      Unfitness to stand trial and insanity: courts-martial etc

    4. Schedule 4

      Powers of authorised officers executing warrants

    5. Schedule 5

      Procedure on breach of community penalty etc

    6. Schedule 6

      Intermittent custody

    7. Schedule 7

      Investigations by Parliamentary Commissioner

    8. Schedule 8

      Commissioner for Victims and Witnesses

    9. Schedule 9

      Authorities within Commissioner’s remit

    10. Schedule 10

      Minor and consequential amendments

    11. Schedule 11

      Repeals

    12. Schedule 12

      Transitional and transitory provisions

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