Statutory Instruments
Criminal Law, England And Wales
Made
25th January 2010
The Secretary of State makes the following Order in exercise of the powers conferred by section 60 of the Domestic Violence, Crime and Victims Act 2004(1):
1. This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 13) Order 2010.
2. The following provisions of the Domestic Violence, Crime and Victims Act 2004 shall come into force on 1st February 2010—
(a)section 48 (Commissioner for Victims and Witnesses), section 49 (general functions of Commissioner) and section 50 (advice)(2);
(b)section 51 (restrictions on exercise of functions);
(c)section 52 (“victims” and “witnesses”);
(d)section 53 and Schedule 9 (authorities within Commissioner’s remit)(3); and
(e)section 54 (disclosure of information), so far as it is not already in force(4).
Signed by the authority of the Secretary of State
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
25th January 2010
(This note is not part of the Order)
This Order brings into force on 1st February 2010 sections 48 to 53 and the remaining provisions of section 54 of the Domestic Violence, Crime and Victims Act 2004 (c. 28), and Schedule 9 to that Act.
Those provisions require the Secretary of State to appoint a Commissioner for Victims and Witnesses, provide for the functions of the Commissioner, and make related provision. Some of those provisions were amended by section 142 of the Coroners and Justice Act 2009 (c. 25) immediately before their coming into force by virtue of this Order.
The functions of the Commissioner include: promoting the interests of victims and witnesses; taking such steps as the Commissioner considers appropriate with a view to encouraging good practice in the treatment of victims and witnesses; giving advice in certain circumstances and keeping under review the operation of the code of practice for victims issued by the Secretary of State under section 32 of the 2004 Act.
(This note is not part of the Order)
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1 | 1st July 2007 | 2007/1845 |
| Sections 2 to 3 | 5th December 2005 | 2005/3196 |
| Section 4 | 1st July 2007 | 2007/1845 |
| Sections 5 to 8 | 21st March 2005 | 2005/579 |
| Section 10(2) | 1st July 2005 | 2005/1705 |
| Section 11 | 31st March 2005 | 2005/579 |
| Section 12 | 30th September 2009 | 2009/2501 |
| Section 13 | 30th September 2009 | 2009/2501 |
| Section 14 | 1st April 2007 | 2007/602 |
| Sections 17 to 21 | 8th January 2007 | 2006/3423 |
| Sections 22 to 26 | 31st March 2005 | 2005/579 |
| Section 270 | 18th July 2005 | 2005/1821 |
| Sections 28 to 29 | 31st March 2005 | 2005/579 |
| Section 30 | 8th January 2007 | 2006/3423 |
| Section 31 | 31st March 2005 | 2005/579 |
| Sections 32 to 34 | 12th October 2005 | 2005/2848 |
| Sections 35 to 45 | 1st July 2005 | 2005/1705 |
| Section 46 | 14th December 2008 | 2008/3065 |
| Section 47 | 12th October 2005 | 2005/2848 |
| Section 54 (in part) | 12 October 2005 | 2005/2848 |
| Section 55 | 4th October 2006 | 2006/2662 |
| Section 56 | 8th January 2007 | 2006/3423 |
| Section 58 (in part) | 21st March 2005 | 2005/579 |
| (in part) | 31st March 2005 | 2005/579 |
| (in part) | 1st July 2005 | 2005/1705 |
| (in part) | 8th January 2007 | 2006/3423 |
| (in part) | 1st April 2007 | 2007/602 |
| (in part) | 1st July 2007 | 2007/1845 |
| (in part) | 1st July 2007 | 2007/1845 |
| (in part) | 30th September 2009 | 2009/2501 |
| (in part) | 30th September 2009 | 2009/2616 |
| Section 59 (in part) | 21st March 2005 | 2005/579 |
| (in part) | 31st March 2005 | 2005/579 |
| (in part) | 1st July 2005 | 2005/1705 |
| (in part) | 1st April 2007 | 2007/602 |
| (in part) | 1st July 2007 | 2007/1845 |
| (in part) | 30th September 2009 | 2009/2616 |
| Schedule 1 | 8th January 2007 | 2006/3423 |
| Schedule 2 | 31st March 2005 | 2005/579 |
| Schedule 3 | 31st March 2005 | 2005/579 |
| Schedule 4 | 18th July 2005 | 2005/1821 |
| Schedule 5 | 31st March 2005 | 2005/579 |
| Schedule 6 | 31st March 2005 | 2005/579 |
| Schedule 7 | 12th October 2005 | 2005/2848 |
| Schedule 10 (in part) | 21st March 2005 | 2005/579 |
| (in part) | 31st March 2005 | 2005/579 |
| (in part) | 1st July 2005 | 2005/1705 |
| (in part) | 5th December 2005 | 2005/3196 |
| (in part) | 8th January 2007 | 2006/3423 |
| (in part) | 1st April 2007 | 2007/602 |
| (in part) | 1st July 2007 | 2007/1845 |
| (in part) | 30th September 2009 | 2009/2501 |
| (in part) | 30th September 2009 | 2009/2616 |
| Schedule 11 (in part) | 21st March 2005 | 2005/579 |
| (in part) | 31st March 2005 | 2005/579 |
| (in part) | 1st July 2005 | 2005/1705 |
| (in part) | 5th December 2005 | 2005/3196 |
| (in part) | 1st July 2007 | 2007/1845 |
| (in part) | 30th September 2009 | 2009/2501 |
| (in part) | 30th September 2009 | 2009/2616 |
| Schedule 12 (in part) | 21st March 2005 | 2005/579 |
| (in part) | 31st March 2005 | 2005/579 |
| (in part) | 1st July 2005 | 2005/1705 |
| (in part) | 1st April 2007 | 2007/602 |
| (in part) | 1st July 2007 | 2007/1845 |
| (in part) | 30th September 2009 | 2009/2616 |
Each of these sections were amended by section 142 of the Coroners and Justice Act 2009 (c. 25) and sections 48 and 49 were amended by S.I. 2007/2128.
Section 53 was amended by S.I. 2007/2128 and Schedule 9 was amended by S.I. 2006/1926, S.I. 2007/2128, S.I. 2007/3224, S.I. 2008/912 and S.I. 2009/2748.
Section 54 was amended by S.I. 2007/2128 and S.I. 2008/912.