Domestic
Violence, Crime and Victims Act 2004
http://www.opsi.gov.uk/ACTS/acts2004/20040028.htm
The Domestic
Violence, Crime and Victims Act 2004 introduced new powers for the
police and courts to deal with offenders, while bolstering support
and protection that victims receive.
Making common
assault an arrestable offence.
Significant
new police powers to deal with domestic violence including making
it an arrestable, criminal offence to breach a non-molestation order,
punishable by up to five years in prison.
Strengthening
the civil law on domestic violence to ensure cohabiting same-sex
couples have the same access to non-molestation and occupation orders
as opposite sex couples, and extending the availability of these
orders to couples who have never lived together or been married.
Stronger
legal protection for victims of domestic violence by enabling courts
to impose restraining orders when sentencing for any offence. Until
now, such orders could only be imposed on offenders convicted of
harassment or causing fear of violence.
Enabling
courts to impose restraining orders on acquittal for any offence
(or if a conviction has been overturned on appeal) if they consider
it necessary to protect the victim from harassment. This will deal
with cases where the conviction has failed but it is still clear
from the evidence that the victims need protecting.
Putting
in place a system to review domestic violence homicide incidents,
drawing in the key agencies, to find out what can be done to put
the system right and prevent future deaths.
Providing
a code of practice, binding on all criminal justice agencies, so
that all victims receive the support, protection, information and
advice they need.
Allowing
victims to take their case to the Parliamentary Ombudsman if they
feel the code has not been adhered to by the criminal justice agencies.
Setting
up an independent Commissioner for Victims to give victims a powerful
voice at the heart of Government and to safeguard and promote the
interests of victims and witnesses, encouraging the spread of good
practice and reviewing the statutory code.
Giving victims
of mentally disordered offenders the same rights to information
as other victims of serious violent and sexual offences.
Giving the
Criminal Injuries Compensation Authority the right to recover from
offenders the money it has paid to their victims in compensation.
A surcharge
to be payable on criminal convictions and fixed penalty notices
which will contribute to the Victims Fund. For motoring offenders
the surcharge will only apply to serious and persistent offenders.
Closing
a legal loophole by creating a new offence of causing or allowing
the death of a child or vulnerable adult.The offence establishes
a new criminal responsibility for members of a household where they
know that a child or vulnerable adult is at significant risk of
serious harm.
Bringing
in the Law Commission recommendation for a two stage court trial
to ensure that high volume crimes like fraud and internet child
pornography can be punished in full.
