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Domestic Violence, Crime and Victims Act 2004

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Domestic Violence, Crime and Victims Act 2004. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary and Background

  3. Territorial Extent

  4. Commentary on Sections

    1. Part 1: Domestic Violence Etc

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

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

      3. Section 3:  “Cohabitants” in Part 4 of the Family Law Act 1996 to include same-sex couples

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

      5. Section 5: Causing or allowing the death of a child or vulnerable adult: the offence

      6.  Section 6: Evidence and procedure: England and Wales

      7. Section 7: Evidence and procedure: Northern Ireland

      8. Section 8: Evidence and procedure: courts martial

      9. Section 9: Establishment and conduct of reviews

    2. Part 2: Criminal Justice

      1. Section 10: common assault to be an arrestable offence

      2. Section 11: Common assault etc as alternative verdict

      3. Section 12: Restraining orders: England and Wales

      4. Section 13: Restraining Orders: Northern Ireland

      5. Section 14: Surcharge payable on conviction

      6. Section 15: Increase in maximum on-the-spot penalty for disorderly behaviour

      7. Section 16: Higher fixed penalty for repeated road traffic offences

      8. Section 17: Application by prosecution for certain counts to be tried without a jury

      9. Section 18: Procedure for applications under section 17

      10. Section 19: Effect of order under section 17(2)

      11. Section 20: Rules of court

      12. Section 21: Applications of sections 17 to 20 to Northern Ireland

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

      14. Section 23: Procedure for determining fitness to plead: Northern Ireland

      15. Section 24: Powers of court on finding of insanity or unfitness to plead etc.

      16. Section 25: Appeal against order made on finding of insanity or unfitness to plead etc

      17. Section 26: court-martial provisions

      18. Section 27: Powers of authorised officers executing warrants

      19. Section 28: Disclosure orders for purpose of executing warrants

      20. Section 29: Procedure on breach of community penalty etc

      21. Section 30: Prosecution appeals

      22. Section 31: Intermittent custody

    3. Part 3: Victims Etc

      1. Section 32: Codes of practice for victims

      2. Section 33: Procedure

      3. Section 34: Effect of non-compliance

      4. Section 35: Victims rights to make representation and receive information

      5. Sections 36 - 44

      6. Hospital orders

        1. Section 36: Victims’ rights: preliminary

        2. Section 37: Representations

        3. Section 38: Information

      7. Hospital direction

        1. Section 39: Victims’ rights: preliminary

        2. Section 40: Representations

        3. Section 41: Information

      8. Transfer directions

        1. Section 42: Victims’ rights: preliminary

        2. Section 43: Representations

        3. Section 44: Information

        4. Section 45: Interpretation: sections 35 to 44

        5. Northern Ireland

          1. Section 46: Victims of mentally disordered persons

        6. Section 47: Investigations by the Parliamentary Commissioner

        7. Section 48: Commissioner for Victims and Witnesses

        8. Section 49: General functions of the Commissioner

        9. Section 50: Advice

        10. Section 51: Restrictions on exercise of functions

        11. Section 52: Victims and Witnesses

        12. Section 53: Authorities within the Commissioner’s remit

        13. Section 54: Disclosure of information

        14. Section 55: Victims’ Advisory Panel

        15. Section 56: Grants for assisting victims, witnesses etc

        16. Section 57: Recovery of criminal injuries compensation from offenders

    4. Part 4: Supplementary

      1. Section 58: Amendments and Repeals

      2. Section 61: Orders

      3. Section 62: Extent

  5. Commencement

  6. Hansard References

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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