Search Legislation

Domestic Violence, Crime and Victims (Amendment) Act 2012

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Domestic Violence, Crime and Victims (Amendment) Act 2012

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Domestic Violence, Crime and Victims (Amendment) Act 2012. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

E+W

Domestic Violence, Crime and Victims (Amendment) Act 2012

2012 CHAPTER 4

An Act to amend section 5 of the Domestic Violence, Crime and Victims Act 2004 to include serious harm to a child or vulnerable adult; to make consequential amendments to the Act; and for connected purposes.

[8th March 2012]

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:—

1Causing or allowing child or vulnerable adult to suffer serious physical harmE+W

(1)Section 5 of the Domestic Violence, Crime and Victims Act 2004 (offence of causing or allowing the death of a child or vulnerable adult) is amended as follows.

(2)In subsection (1)—

(a)in paragraph (a), after “dies” insert “ or suffers serious physical harm ”;

(b)in paragraph (d), for “V's death” substitute “ the death or serious physical harm ”.

(3)In subsection (3)(a), for “V's death” substitute “ the death or serious physical harm ”.

(4)In subsection (4)(b), for “V's death” substitute “ the death or serious physical harm ”.

(5)In subsection (7), after “this section” insert “ of causing or allowing a person's death ”.

(6)After that subsection insert—

(8)A person guilty of an offence under this section of causing or allowing a person to suffer serious physical harm is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or to a fine, or to both.

(7)The italic heading before section 5 becomes Causing or allowing a child or vulnerable adult to die or suffer serious physical harm.

(8)The amendments made by this section do not apply in relation to any harm resulting from an act that occurs, or so much of an act as occurs, before the commencement of this section.

Commencement Information

I1S. 1 in force at 2.7.2012 by S.I. 2012/1432, art. 2

2Evidence and procedure in cases of serious physical harmE+W

After section 6 of the Domestic Violence, Crime and Victims Act 2004 insert—

6AEvidence and procedure in cases of serious physical harm: England and Wales

(1)Subsections (3) to (5) apply where a person (“the defendant”) is charged in the same proceedings with a relevant offence and with an offence under section 5 in respect of the same harm (“the section 5 offence”).

(2)In this section “relevant offence” means—

(a)an offence under section 18 or 20 of the Offences against the Person Act 1861 (grievous bodily harm etc);

(b)an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit murder.

(3)Where by virtue of section 35(3) of the Criminal Justice and Public Order Act 1994 a court or jury is permitted, in relation to the section 5 offence, to draw such inferences as appear proper from the defendant's failure to give evidence or refusal to answer a question, the court or jury may also draw such inferences in determining whether the defendant is guilty of a relevant offence, even if there would otherwise be no case for the defendant to answer in relation to that offence.

(4)The charge of the relevant offence is not to be dismissed under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (unless the section 5 offence is dismissed).

(5)At the defendant's trial the question whether there is a case for the defendant to answer on the charge of the relevant offence is not to be considered before the close of all the evidence (or, if at some earlier time the defendant ceases to be charged with the section 5 offence, before that earlier time).

Commencement Information

I2S. 2 in force at 2.7.2012 by S.I. 2012/1432, art. 2

3Consequential amendmentsE+W

The Schedule contains consequential amendments.

Commencement Information

I3S. 3 in force at 2.7.2012 by S.I. 2012/1432, art. 2

4Short title, commencement and extentE+W

(1)This Act may be cited as the Domestic Violence, Crime and Victims (Amendment) Act 2012.

(2)This Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(3)Subject to subsection (4), this Act extends to England and Wales.

(4)The amendments made by paragraphs 9 to 11 of the Schedule have the same extent as the provisions to which they relate.

Commencement Information

I4S. 4 in force at 2.7.2012 by S.I. 2012/1432, art. 2

Section 3

SCHEDULEE+WConsequential amendments

Criminal Justice Act 1982E+W

1In Schedule 1 to the Criminal Justice Act 1982 (offences excluded from early release provisions), in Part 2, in the entry relating to section 5 of the Domestic Violence, Crime and Victims Act 2004, for “the death of a child or vulnerable adult” substitute “ a child or vulnerable adult to die or suffer serious physical harm ”.

Commencement Information

I5Sch. para. 1 in force at 2.7.2012 by S.I. 2012/1432, art. 2

Coroners Act 1988E+W

2(1)The Coroners Act 1988 is amended as follows.E+W

(2)In section 16 (adjournment of inquest in event of criminal proceedings), in subsection (1)(a)(iv), for “(causing or allowing the death of a child or vulnerable adult)” substitute “ of causing or allowing the death of a child or vulnerable adult ”.

(3)In section 17 (provisions supplementary to section 16), in subsections (1)(d) and (2)(d), for “(causing or allowing the death of a child or vulnerable adult)” substitute “ of causing or allowing the death of a child or vulnerable adult ”.

(4)The amendments made by this paragraph cease to have effect when the repeal of that Act by Schedule 23 to the Coroners and Justice Act 2009 has effect for all purposes.

Commencement Information

I6Sch. para. 2 in force at 2.7.2012 by S.I. 2012/1432, art. 2

Law Reform (Year and a Day Rule) Act 1996E+W

3In section 2 of the Law Reform (Year and a Day Rule) Act 1996 (restriction on institution of proceedings for fatal offence), in subsection (3)(c), for “(causing or allowing the death of a child or vulnerable adult)” substitute “ of causing or allowing the death of a child or vulnerable adult ”.

Commencement Information

I7Sch. para. 3 in force at 2.7.2012 by S.I. 2012/1432, art. 2

Criminal Justice and Court Services Act 2000E+W

4(1)In Schedule 4 to the Criminal Justice and Court Services Act 2000 (meaning of “offence against a child” for purposes of disqualification orders), in paragraph 3(sb), for “the death of a child or vulnerable adult” substitute “ a child or vulnerable adult to die or suffer serious physical harm ”.E+W

(2)The amendment made by sub-paragraph (1) ceases to have effect when the repeal of that Schedule by Schedule 10 to the Safeguarding Vulnerable Groups Act 2006 has effect for all purposes.

Commencement Information

I8Sch. para. 4 in force at 2.7.2012 by S.I. 2012/1432, art. 2

Sexual Offences Act 2003E+W

5In Schedule 5 to the Sexual Offences Act 2003 (offences for purposes of making sexual offences prevention orders), in paragraph 63A, for “the death of a child or vulnerable adult” substitute “ a child or vulnerable adult to die or suffer serious physical harm ”.

Commencement Information

I9Sch. para. 5 in force at 2.7.2012 by S.I. 2012/1432, art. 2

Criminal Justice Act 2003E+W

6In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent offences for purposes of Chapter 5 of Part 12 of that Act), in paragraph 63A, for “the death of a child or vulnerable adult” substitute “ a child or vulnerable adult to die or suffer serious physical harm ”.

Commencement Information

I10Sch. para. 6 in force at 2.7.2012 by S.I. 2012/1432, art. 2

Domestic Violence, Crime and Victims Act 2004E+W

7The Domestic Violence, Crime and Victims Act 2004 is amended as follows.

Commencement Information

I11Sch. para. 7 in force at 2.7.2012 by S.I. 2012/1432, art. 2

8(1)In section 6 (evidence and procedure: England and Wales), in subsection (5), after “section 5” insert “ of causing or allowing a person's death ”.E+W

(2)The heading of that section becomes Evidence and procedure in cases of death: England and Wales.

Commencement Information

I12Sch. para. 8 in force at 2.7.2012 by S.I. 2012/1432, art. 2

9In section 8 (evidence and procedure: the Court Martial), after subsection (3) insert—

(4)Section 6A(1), (3) and (5) has effect in relation to proceedings before the Court Martial with the following adaptations.

(5)A reference to an offence—

(a)listed in section 6A(2), or

(b)under section 5,

is to be read as a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is that offence.

(6)A reference to the court or jury is to be read as a reference to the court.

Commencement Information

I13Sch. para. 9 in force at 2.7.2012 by S.I. 2012/1432, art. 2

10In section 62(4) (extent of section 8), after “section 6” insert “ or 6A ”.

Commencement Information

I14Sch. para. 10 in force at 2.7.2012 by S.I. 2012/1432, art. 2

Armed Forces Act 2006E+W

11In section 51 of the Armed Forces Act 2006 (jurisdiction of Service Civilian Court), in subsection (5)(a), for “(causing or allowing death of child etc)” substitute “ of causing or allowing the death of a child or vulnerable adult ”.

Commencement Information

I15Sch. para. 11 in force at 2.7.2012 by S.I. 2012/1432, art. 2

Coroners and Justice Act 2009E+W

12In paragraph 1 of Schedule 1 to the Coroners and Justice Act 2009 (suspension of investigations where certain criminal charges may be brought), in sub-paragraph (6), in paragraph (d) of the definition of “homicide offence”, for “(causing or allowing the death of a child or vulnerable adult)” substitute “ of causing or allowing the death of a child or vulnerable adult ”.

Commencement Information

I16Sch. para. 12 in force at 2.7.2012 by S.I. 2012/1432, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources