Domestic Violence, Crime and Victims Act 2004

Commissioner for Victims and WitnessesE+W

48Commissioner for Victims and WitnessesE+W

(1)The Secretary of State [F1for Justice] must appoint a Commissioner for Victims and Witnesses (referred to in this Part as the Commissioner).

(2)Before appointing the Commissioner the Secretary of State [F1for Justice] must consult the Attorney General and the [F2Secretary of State for the Home Department] as to the person to be appointed.

(3)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(6)The Secretary of State may pay to, or in respect of, the Commissioner amounts—

(a)by way of remuneration, pensions, allowances or gratuities, or

(b)by way of provision for any such benefits.

(7)The Secretary of State may pay sums in respect of the expenses of the Commissioner.]

49General functions of CommissionerE+W

(1)The Commissioner must—

(a)promote the interests of victims and witnesses;

(b)take such steps as he considers appropriate with a view to encouraging good practice in the treatment of victims and witnesses;

(c)keep under review the operation of the code of practice issued under section 32.

(2)The Commissioner may, for any purpose connected with the performance of his duties under subsection (1)—

(a)make proposals to the Secretary of State [F5for Justice] for amending the code (at the request of the Secretary of State [F5for Justice] or on his own initiative);

(b)make a report to the Secretary of State [F5for Justice];

(c)make recommendations to an authority within his remit;

(d)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)consult any person he thinks appropriate.

(3)If the Commissioner makes a report to the Secretary of State [F5for Justice] under subsection (2)(b)—

(a)the Commissioner must send a copy of the report to the Attorney General and the [F7Secretary of State for the Home Department];

(b)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(4)The Commissioner must prepare in respect of each calendar year a report on the carrying out of the functions of the Commissioner during the year.

(5)The Commissioner must send a copy of each report prepared under subsection (4) to—

(a)the Secretary of State for Justice,

(b)the Attorney General, and

(c)the Secretary of State for the Home Department.

(6)Reports under subsection (2)(b) or (4) must be published by the Commissioner.

(7)If section 48 comes into force after the beginning of a calendar year, the first report under subsection (4) may relate to a period beginning with the day on which that section comes into force and ending with the end of the next calendar year.]

50AdviceE+W

(1)If he is required to do so by a Minister of the Crown, the Commissioner must give advice to the Minister of the Crown in connection with any matter which—

(a)is specified by the Minister, and

(b)relates to victims or witnesses.

(2)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In this section “Minister of the Crown” includes the Treasury.

51Restrictions on exercise of functionsE+W

The Commissioner must not exercise any of his functions in relation to—

(a)a particular victim or witness;

(b)the bringing or conduct of particular proceedings;

(c)anything done or omitted to be done by a person acting in a judicial capacity or on the instructions of or on behalf of such a person.

52“Victims” and “witnesses”E+W

(1)This section applies for the purposes of sections 48 to 51.

(2)“Victim” means—

(a)a victim of an offence, or

(b)a victim of anti-social behaviour.

(3)It is immaterial for the purposes of subsection (2)(a) that—

(a)no complaint has been made about the offence;

(b)no person has been charged with or convicted of the offence.

(4)“Witness” means a person (other than a defendant)—

(a)who has witnessed conduct in relation to which he may be or has been called to give evidence in relevant proceedings;

(b)who is able to provide or has provided anything which might be used or has been used as evidence in relevant proceedings; or

(c)who is able to provide or has provided anything mentioned in subsection (5) (whether or not admissible in evidence in relevant proceedings).

(5)The things referred to in subsection (4)(c) are—

(a)anything which might tend to confirm, has tended to confirm or might have tended to confirm evidence which may be, has been or could have been admitted in relevant proceedings;

(b)anything which might be, has been or might have been referred to in evidence given in relevant proceedings by another person;

(c)anything which might be, has been or might have been used as the basis for any cross examination in the course of relevant proceedings.

(6)For the purposes of subsection (4)—

(a)a person is a defendant in relation to any criminal proceedings if he might be, has been or might have been charged with or convicted of an offence in the proceedings;

(b)a person is a defendant in relation to any other relevant proceedings if he might be, has been or might have been the subject of an order made in those proceedings.

(7)In subsections (4) to (6) “relevant proceedings” means—

(a)criminal proceedings;

(b)proceedings of any other kind in respect of anti-social behaviour.

(8)For the purposes of this section—

(a)“anti-social behaviour” means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household as the person;

(b)a person is a victim of anti-social behaviour if the behaviour has caused him harassment, alarm or distress and he is not of the same household as the person who engages in the behaviour.

53Authorities within Commissioner’s remitE+W

(1)For the purposes of this Part the authorities within the Commissioner’s remit are those specified in Schedule 9.

(2)An authority specified in Schedule 9 that has functions in relation to an area outside England and Wales is within the Commissioner’s remit only to the extent that it discharges its functions in relation to England and Wales.

(3)Subsection (2) does not apply in relation to the Foreign and Commonwealth Office.

(4)The Secretary of State [F11for Justice] may by order amend Schedule 9 by—

(a)adding an authority appearing to him to exercise functions of a public nature;

(b)omitting an authority;

(c)changing the description of an authority.

(5)In preparing a draft of an order under subsection (4) the Secretary of State [F11for Justice] must consult the Attorney General and the [F12Secretary of State for the Home Department].