Schedule: consequential amendments
19.The Schedule contains amendments to other legislation. These are as follows.
Criminal Justice Act 1982
20.Part 2 of Schedule 1 to that Act (offences excluded from early release provisions) refers to “Section 5 (causing or allowing the death of a child or vulnerable adult).” Paragraph 1 of the Schedule amends the reference to the section 5 offence to include reference to causing or allowing serious physical harm.
Coroners Act 1988
21.Paragraph 2(2) and 2(3) of the Schedule amend the Coroners Act 1988 to make clear that references in that Act to an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 should only be to the offence as it applies to causing or allowing death and not to causing or allowing serious physical harm. Paragraph 2(4) of the Schedule provides that the amendments made to the Coroners Act 1988 will cease to have effect when the repeal of that Act by Schedule 23 to the Coroners and Justice Act 2009 takes effect.
Law Reform (Year and a Day Rule) Act 1996
22.Section 2(3)(c) of that Act (restriction on institution of proceedings for fatal offence) refers to “an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult)”. Paragraph 3 of the Schedule amends section 2 to make clear that references in that Act to an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 should only be to the offence as it applies to causing or allowing death and not to causing or allowing serious physical harm.
Criminal Justice and Court Services Act 2000
23.Paragraph 3 of Schedule 4 to that Act (offences against children for the purposes of disqualification orders) refers to “an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult) in respect of a child.” Paragraph 4 of the Schedule amends the reference to the section 5 offence to include reference to causing or allowing serious physical harm.
Sexual Offences Act 2003
24.Paragraph 63A of Schedule 5 to that Act (other offences for the purposes of making sexual offences prevention orders) refers to “An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).” Paragraph 5 of the Schedule amends the reference to the section 5 offence to include causing or allowing serious physical harm.
Criminal Justice Act 2003
25.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) refers to “An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult)”. Paragraph 6 of the Schedule amends the reference to the section 5 offence to include causing or allowing serious physical harm.
Domestic Violence, Crime and Victims Act 2004
26.Paragraph 8 of the Schedule amends the heading and subsection (5) of section 6 of the Domestic Violence, Crime and Victims Act 2004 (evidence and procedure: England and Wales) to make clear that section 6 applies only to evidence and procedure in cases of death.
27.Paragraph 9 of the Schedule inserts new subsections (4), (5) and (6) in section 8 of the 2004 Act to enable the special rules provided in new section 6A (evidence and procedure in cases of serious physical harm: England and Wales) to apply to proceedings before the Court Martial where the defendant is charged within the same proceedings, and in relation to the same serious physical harm, with the military offences which correspond to those referred to in section 6A.
28.Paragraph 10 of the Schedule amends section 62(4) of the 2004 Act (extent of section 8) to include reference to new section 6A as well as to section 6.
Armed Forces Act 2006
29.Section 51(5)(a) of the Armed Forces Act 2006 (jurisdiction of Service Civilian Court) refers to “an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing death of child etc)”. Paragraph 11 of the Schedule amends the reference to the section 5 offence to make clear that it should only be to the offence as it applies to causing or allowing death and not to causing or allowing serious physical harm.
Coroners and Justice Act 2009
30.Paragraph 1(6)(d) of Schedule 1 to the Coroners and Justice Act 2009 includes an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 in the definition of “homicide offence”. Paragraph 12 of the Schedule amends the reference to the section 5 offence to make clear that it should only be to the offence as it applies to causing or allowing death and not to causing or allowing serious physical harm.
