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Domestic Violence, Crime and Victims Act 2004

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Domestic Violence, Crime and Victims Act 2004, Section 9 is up to date with all changes known to be in force on or before 28 January 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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9Establishment and conduct of reviewsE+W+N.I.

This section has no associated Explanatory Notes

(1)In this section “domestic homicide review” means a review of the circumstances in which the death of a person aged 16 or over has, or appears to have, resulted from violence, abuse or neglect by—

(a)a person to whom he was related or with whom he was or had been in an intimate personal relationship, or

(b)a member of the same household as himself,

held with a view to identifying the lessons to be learnt from the death.

(2)The Secretary of State may in a particular case direct a specified person or body within subsection (4) to establish, or to participate in, a domestic homicide review.

(3)It is the duty of any person or body within subsection (4) establishing or participating in a domestic homicide review (whether or not held pursuant to a direction under subsection (2)) to have regard to any guidance issued by the Secretary of State as to the establishment and conduct of such reviews.

[F1(3A)Any reference in subsection (2) or (3) to the Secretary of State shall, in relation to persons and bodies within subsection (4)(b), be construed as a reference to the Department of Justice in Northern Ireland.]

[F2(3B)A person or body within subsection (4)(a) that establishes a domestic homicide review (whether or not held pursuant to a direction under subsection (2)) must send a copy of any report setting out the conclusions of the review to the Domestic Abuse Commissioner.

(3C)The copy must be sent as soon as reasonably practicable after the report is completed.]

(4)The persons and bodies within this subsection are—

(a)in relation to England and Wales—

  • chief officers of police for police areas in England and Wales;

  • local authorities;

  • local probation boards established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

  • [F3the National Health Service Commissioning Board;]

  • [F3clinical commissioning groups established under section 14D of the National Health Service Act 2006;]

  • [F4providers of probation services;]

  • F5...

  • F6...

  • Local Health Boards established under [F7section 11 of the National Health Service (Wales) Act 2006];

  • NHS trusts established under [F8section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006];

(b)in relation to Northern Ireland—

  • the Chief Constable of the Police Service of Northern Ireland;

  • the Probation Board for Northern Ireland;

  • Health and Social Services Boards established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14));

  • Health and Social Services trusts established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)).

(5)In subsection (4)(a) “local authority” means—

(a)in relation to England, the council of a district, county or London borough, the Common Council of the City of London and the Council of the Isles of Scilly;

(b)in relation to Wales, the council of a county or county borough.

(6)The Secretary of State may [F9, in relation to England and Wales,] by order amend subsection [F10(4)(a)] or (5).

[F11(7)The Department of Justice in Northern Ireland may, in relation to Northern Ireland, by order amend subsection (4)(b).]

Textual Amendments

F5Words in s. 9(4)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 126(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6Words in s. 9(4)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 126(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I1S. 9 in force at 13.4.2011 for E.W. by S.I. 2011/1008, art. 2

I2S. 9 in force at 10.12.2020 for N.I. by S.I. 2020/1465, art. 2

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