Domestic Violence, Crime and Victims Bill

Public Bill Committees

• Domestic Violence, Crime and Victims Bill [Lords], 1st sitting (9 speeches)
  [Dame Marion Roe in the Chair]
  • Clause 1 - Breach of non-molestation order to be a criminal offence (73 speeches)
    I beg to move amendment No. 14, in clause 1, page 1, line 6, after 'violence)', insert— '(1) In section 42 after paragraph (2)(b) insert— ''(c) if in any family proceedings the court...
• Domestic Violence, Crime and Victims Bill [Lords], 2nd sitting (0 speeches)
  [Mr. Joe Benton in the Chair]
  • Clause 1 - Breach of non-molestation order to be a criminal offence (12 speeches)
    Amendment proposed [this day]: No. 2, in page 2, line 1, leave out 'existence' and insert 'terms'.—[Mr. Grieve.] Question again proposed, That the amendment be made.
  • Clause 2 - Additional considerations if parties are cohabitants or former cohabitants (6 speeches)
    I beg to move amendment No. 29, in page 2, line 22, leave out subsection 2 and insert— '(2) In Part 4 of the Family Law Act 1996 leave out subsections 35(10), 36(10), 37(5), and 38(6) and...
  • Clause 3 - ''Cohabitants'' in Part 4 of 1996 Act to include same-sex couples (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 4 - Extension of Part 4 of 1996 Act to non-cohabiting couples (10 speeches)
    I beg to move amendment No. 15, in clause 4, page 2, line 35, leave out from 'other' to end of line.
  • Clause 5 - The offence (81 speeches)
    I beg to move amendment No. 37, in clause 5, page 2, line 39, after 'dies', insert 'or is seriously harmed'.
• Domestic Violence, Crime and Victims Bill [Lords], 3rd sitting (3 speeches)
  [Dame Marion Roe in the Chair]
  • Clause 6 - Evidence and procedure: courts-martial (28 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 7 - Establishment and conduct of reviews (60 speeches)
    I beg to move amendment No. 85, in clause 7, page 4, line 18, after 'death', insert 'or suicide'.
• Domestic Violence, Crime and Victims Bill [Lords], 4th sitting (0 speeches)
  [Mr. Joe Benton in the Chair]
  • Clause 7 - Establishment and conduct of reviews (32 speeches)
    Amendment moved [this day]: No. 84, in clause 7, page 4, line 42, at end insert— 'Mental Health Trusts Members of any educational establishment'.—[Mrs. Gillan.]
  • Clause 8 - Common assault to be an arrestable offence (7 speeches)
    Question proposed, That the clause stand part of the Bill.
• Domestic Violence, Crime and Victims Bill [Lords], 5th sitting (2 speeches)
  [Mr. Joe Benton in the Chair]
  • Clause 10 - restraining orders: England and Wales (60 speeches)
    I beg to move amendment No. 10, in page 6, line 4, at end insert— '(1A) In subsection (1) of that section after ''an order under this section'' insert— ''(a) if the prosecutor asks...
  • Clause 11 - Restraining orders: Northern Ireland (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 12 - Application by prosecution for certain counts to be tried without a jury (15 speeches)
    I beg to move amendment No. 89, in clause 12, page 8, line 5, at end add 'of all matters against the Defendant.'. We now come to a part of the Bill that is fairly controversial. I hope that I...
• Domestic Violence, Crime and Victims Bill [Lords], 6th sitting (0 speeches)
  [Dame Marion Roe in the Chair]
  • Clause 12 - Application by prosecution for certain counts to be tried without a jury (14 speeches)
    Amendment proposed [this day]: No. 57, in clause 12, page 8, line 14, leave out from beginning to 'and' in line 15.—[The Solicitor-General.] Question again proposed, That the amendment...
  • Schedule 1 - Modification of sections 12 to 15 for Northern Ireland (13 speeches)
    I beg to move amendment No. 61, in schedule 1, page 23, line 20, leave out from beginning to the second 'that' in line 23 and insert 'the requirement under Article 49A of the Mental Health...
  • Clause 17 - Powers of court on finding of insanity or unfitness to plead etc (7 speeches)
    I beg to move amendment No. 102, in page 12, line 17, at end insert— '(4) Section 5A of the Criminal Procedure (Insanity) Act 1964 (''the 1964 Act'') applies in relation to this section as...
  • Clause 18 - Appeal against order made on finding of insanity or unfitness to plead etc (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 21 - Code of practice for victims (35 speeches)
    I beg to move amendment No. 13, in clause 21, page 14, line 27, at end insert— '(5A) Notwithstanding the provisions of subsection (5) the code shall set out provisions to exempt victims of...
  • New Clause 16 - Provision of explanations to victims (16 speeches)
    '(1) In any case since the revision of the Victims Charter in 1996 where a prosecuting authority decides— (a) not to charge a person with a criminal offence, (b) not to proceed with a...
  • Clause 22 - Procedure (9 speeches)
    I beg to move amendment No. 20, in clause 22, page 14, line 39, leave out 'and the Lord Chancellor' and insert 'the Lord Chancellor and the Commissioner for Victims and Witnesses as appointed...
  • Clause 23 - Effect of non-compliance (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Schedule 4 - Investigations by Parliamentary Commissioner (13 speeches)
    I beg to move amendment No. 73, in schedule 4, page 31, line 23, after 'by', insert 'any of these'.
• Domestic Violence, Crime and Victims Bill [Lords], 7th sitting (3 speeches)
  [Dame Marion Roe in the Chair]
  • Clause 26 - General functions of Commissioner (52 speeches)
    I beg to move amendment No. 54, in clause 26, page 16, line 15, at end insert— '(d) ensure that the Domestic Violence Advocacy Service established under section [Domestic Violence Advocacy...
  • Clause 30 - Authorities within Commissioner's remit (56 speeches)
    I beg to move amendment No. 90, in clause 30, page 17, line 34, at end insert— '(1A) An authority specified in Schedule 6 that has functions in relation to an area outside England and Wales...
  • Schedule 6 - Authorities within Commissioner's remit (0 speeches)
    Amendment made: No. 91, in schedule 6, page 37, line 2, at end insert— '13A The Ministry of Defence Police.'.—[Paul Goggins.] Schedule 6, as amended, agreed to.
  • Clause 31 - Disclosure of information (3 speeches)
    Amendment made: No. 72, in clause 31, page 18, line 7, leave out paragraph (b) and insert— '(b) compliance with sections [Victims of persons sentenced to imprisonment or detention] to...
• Domestic Violence, Crime and Victims Bill [Lords], 8th sitting (0 speeches)
  [Mr. Joe Benton in the Chair]
  • Clause 31 - Disclosure of information (11 speeches)
    Amendment moved [this day]: No. 53, in clause 31, page 18, line 17, at end insert— '(e) a Member of Parliament for the constituency in which the victim, witness or other person affected by...
  • Clause 33 - Grants for assisting victims, witnesses etc (21 speeches)
    I beg to move amendment No. 88, in clause 33, page 19, line 30, at end add— '(3) The Secretary of State may make grants to voluntary organisations under this section for the purpose of...
  • Clause 34 - Amendments and repeals (6 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Schedule 7 - Minor and consequential amendments (90 speeches)
    Amendment made: No. 106, in schedule 7, page 37, line 27, at end insert— 'Colonial Prisoners Removal Act 1884 (c.31) In section 10 of the Colonial Prisoners Removal Act 1884 (application...
• Domestic Violence, Crime and Victims Bill [Lords], 9th sitting (0 speeches)
  [Mr. Joe Benton in the Chair]
  • Schedule 7 - Minor and consequential amendments (16 speeches)
    I beg to move amendment No. 124, in schedule 7, page 44, line 14, at end insert— '43 In Schedule 21 to that Act (Determination of minimum term in relation to mandatory life sentence) after...
  • Schedule 8 - Repeals (0 speeches)
    Amendments made: No. 113, in schedule 8, page 45, line 3, at end insert— 'Criminal Procedure (Insanity) Act 1964 (c.84) Section 7. In section 8— (a) the proviso to subsection...
  • Schedule 9 - Transitional and transitory provisions (0 speeches)
    Amendments made: No. 119, in schedule 9, page 47, line 4, after 'Court', insert 'or a court-martial'. No. 120, in schedule 9, page 47, line 7, after 'Appeal', insert— 'or the...
  • Clause 37 - Orders (0 speeches)
    Amendment made: No. 94, in clause 37, page 20, line 14, after 'section', insert '(Surcharge payable on conviction)(5),'.—[Paul Goggins.] Clause 37, as amended, ordered to stand part of...
  • Clause 38 - Extent (26 speeches)
    I beg to move amendment No. 81, in clause 38, page 20, line 18, at end insert— '(1A) Section [Recovery of criminal injuries compensation from offenders] also extends to Scotland.'.
  • Clause 39 - Short title (3 speeches)
    I beg to move amendment No. 60, in clause 39, page 20, line 38, leave out subsection (2). This is a technical amendment to remove the Lords privilege amendment to clause 39 that was inserted...
  • New clause 18 - Evidence and procedure: England and Wales (0 speeches)
    '(1) Subsections (2) to (4) apply where a person (''the defendant'') is charged in the same proceedings with an offence of murder or manslaughter and with an offence under section 5 in respect of...
  • New clause 19 - Evidence and procedure: Northern Ireland (0 speeches)
    '(1) Subsections (2) to (4) apply where a person (''the defendant'') is charged in the same proceedings with an offence of murder or manslaughter and with an offence under section 5 in respect of...
  • New clause 20 - Procedure for determining fitness to plead: England and Wales (0 speeches)
    '(1) The Criminal Procedure (Insanity) Act 1964 (c.84) is amended as follows. (2) In section 4 (finding of unfitness to plead), in subsection (5) (question of fitness to be determined by a...
  • New clause 21 - Procedure for determining fitness to be tried: Northern Ireland (0 speeches)
    '(1) The Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I.4) is amended as follows. (2) In Article 49 (finding of unfitness to be tried), in paragraph (4) (question of fitness to...
  • New clause 23 - Victims of persons sentenced to imprisonment or detention (0 speeches)
    '(1) This section applies if— (a) a court convicts a person (''the offender'') of a sexual or violent offence, and (b) a relevant sentence is imposed on him in respect of the offence. ...
  • New clause 24 - Victims of persons subject to hospital order with restriction order (0 speeches)
    '(1) This section applies if the conditions in subsections (2) and (3) are met. (2) The first condition is that one of these applies in respect of a person (''the patient'') charged with a...
  • New clause 25 - Victims of persons subject to hospital direction and limitation direction (0 speeches)
    '(1) This section applies if— (a) a person (''the offender'') is convicted of a sexual or violent offence, (b) a relevant sentence is imposed on him in respect of the offence, and (c)...
  • New clause 26 - Victims of persons subject to transfer direction and restriction direction (0 speeches)
    '(1) This section applies if— (a) a person (''the offender'') is convicted of a sexual or violent offence, (b) a relevant sentence is imposed on him in respect of the offence, and (c)...
  • New clause 27 - Representations and information: interpretation (0 speeches)
    '(1) In sections [Victims of persons sentenced to imprisonment or detention] to [Victims of persons subject to transfer direction and restriction direction]— ''court'' does not include a...
  • New clause 28 - Recovery of criminal injuries compensation (0 speeches)
    '(1) The Criminal Injuries Compensation Act 1995 (c.53) is amended as follows. (2) After section 7 insert— ''7A Recovery of compensation from offenders: general (1) The Secretary of...
  • New clause 29 - Victims of mentally disordered persons: Northern Ireland (0 speeches)
    '(1) The Justice (Northern Ireland) Act 2002 (c.26) is amended as follows. (2) After section 69 (views on temporary release) insert— ''69A Information about discharge and leave of...
  • New clause 35 - Surcharge payable on conviction (0 speeches)
    '(1) In Chapter 1 of Part 12 of the Criminal Justice Act 2003 (c.44) (general provisions about sentencing), after section 161 insert— ''Surcharges 161A Court's duty to order payment of...
  • New clause 36 - Increase in maximum on-the-spot penalty for disorderly behaviour (0 speeches)
    '(1) In Chapter 1of Part 1 of the Criminal Justice and Police Act 2001 (c.16) (on-the-spot penalties for disorderly behaviour), section 3 is amended as follows. (2) In subsection (2) (maximum...
  • New clause 37 - Higher fixed penalty for repeated road traffic offences (0 speeches)
    '(1) The Road Traffic Offenders Act 1988 (c.53) is amended as follows. (2) In section 53 (amount of fixed penalty), after subsection (2) insert— ''(3) In particular, in relation to...
  • New clause 38 - Courts-martial etc (0 speeches)
    'Schedule (Unfitness to stand trial and insanity: courts-martial etc) (unfitness to stand trial and insanity: courts-martial etc) has effect.'.—[Paul Goggins.] Brought up, read the First...
  • New clause 42 - Powers of authorised officers executing warrants (29 speeches)
    '(1) After section 125B of the Magistrates' Courts Act 1980 (c.43) insert— ''125BA Powers of persons authorised under section 125A or 125B Schedule 4A to this Act, which confers powers...
• Domestic Violence, Crime and Victims Bill [Lords], 10th sitting (0 speeches)
  [Dame Marion Roe in the Chair]
  • New clause 42 - Powers of authorised officers executing warrants (14 speeches)
    '(1) After section 125B of the Magistrates' Courts Act 1980 (c.43) insert— ''125BA Powers of persons authorised under section 125A or 125B Schedule 4A to this Act, which confers powers...
  • New clause 43 - Disclosure orders for purpose of executing warrants (0 speeches)
    'After section 125C of the Magistrates' Courts Act 1980 (c.43) insert— ''125CA Power to make disclosure order (1) A magistrates' court may make a disclosure order if satisfied that it...
  • New Clause 44 - Procedure on breach of community penalty etc (0 speeches)
    'Schedule (Procedure on breach of community penalty etc) (procedure on breach of community penalty etc) has effect.'.—[Mr. Leslie.] Brought up, read the First and Second time, and added to...
  • New clause 2 - Amendments to the Youth Justice and (7 speeches)
    'In section 17 of the Youth Justice and Criminal Evidence Act 1999 (c.23) (witnesses eligible for assistance on grounds of fear or distress about testifying) after subsection (4) insert— ...
  • New clause 8 - Mandatory risk assessment checklist (21 speeches)
    'After section 8 in Part II of the Children 1989 insert— ''8B Mandatory risk assessment checklist (1) When determining whether the child will be safe if contact or residence is granted...
  • New clause 17 - Register of Orders (4 speeches)
    '(1) The Secretary of State shall cause to be prepared and maintained a register of occupation or non-molestation orders made under Part 4 of the Family Act 1996 (c.27) (family homes and domestic...
  • New clause 22 - Definition of manslaughter (15 speeches)
    '(1) Unlawful homicide that would otherwise be murder should instead be manslaughter if the defendant acted in response to— (a) gross provocation (meaning words or conduct or a...
  • New Schedule 1 - Unfitness to stand trial and insanity: (0 speeches)
    Army Act 1955 (3 & 4 Eliz.2 c.18) and Air Force Act 1955 (3 & 4 Eliz.2 c.19) 1 For section 116 of the Army Act 1955 and of the Air Force Act 1955 (provisions where accused found insane)...
  • New Schedule 2 - Powers of authorised officers (0 speeches)
    The following is the Schedule inserted after Schedule 4 to the Magistrates' Courts Act 1980 (c.43)— ''SCHEDULE 4A Section 125BA Powers of authorised officers executing warrants ...
  • New Schedule 3 - Procedure on breach of community penalty etc (0 speeches)
    Interpretation 1 In this Schedule— ''the Sentencing Act'' means the Powers of Criminal Courts (Sentencing) Act 2000 (c.6); ''the 2003 Act'' means the Criminal Justice Act 2003 (c.44)....
  • Title (4 speeches)
    Amendments made: No. 101, in title, line 4, after 'offence;', insert 'to make provision for the payment of surcharges by offenders;'. No. 125, in title, line 7, after 'insanity;' insert 'to...