Criminal Law Legislation Update
| Author | Sally Ireland |
| DOI | 10.1350/jcla.2006.70.1.1 |
| Date | 01 February 2006 |
| Published date | 01 February 2006 |
| Subject Matter | Article |
Criminal Law Legislation
Update*
Sally Ireland†
Statutory instruments
●The Domestic Violence, Crime and Victims Act 2004 (Com-
mencement No. 4) Order 2005 (SI 2005 No. 2848) brought
various provisions of the 2004 Act into force on 18 October 2005.
The first set of provisions is ss 32–34, which concern the Victims’
Code. The Code was published on 18 October 2005, and is availa-
ble at www.homeoffice.gov.uk/about-us/news/victims-code, ac-
cessed 20 November 2005. It places duties with regard to victims
of crime on organisations including the courts, the police, the
National Probation Service and the CPS. Section 34 of the Act
provides that if a person fails to perform a duty imposed by the
code that failure does not of itself make him liable to civil or
criminal proceedings, but may be taken into account in determin-
ing a question in such proceedings.
Section 47 of and Sched. 7 to the 2004 Act, which are also
brought into force, allow the Parliamentary Commissioner to in-
vestigate an allegation of failure to perform a duty under the
Code, providing that the person owed the duty makes a written
complaint to an MP and the MP asks the Commissioner to in-
vestigate, with the person’s consent. Schedule 7 also makes provi-
sion for exceptions from this rule, and for procedure and reports.
Parts of s. 54 are also brought into force. The provisions allow
a person to disclose information to a person charged with duties
under the Code or a local probation board for the purposes of
compliance with the Code or with ss 35–44 of the 2004 Act
(which concern victims’ rights, representations and information).
The Home Secretary may by order add to the list of purposes for
which information may be disclosed and the list of people to
whom it may be disclosed, after consulting the Attorney-General
and the Lord Chancellor. The section does not authorise dis-
closures that would contravene the Data Protection Act 1998.
●The Criminal Justice and Court Services Act 2000 (Commence-
ment No. 15) Order 2005 (SI 2005 No. 3054) will bring s. 57 of the
2000 Act (testing persons in police detention) into force on 1
December 2005 to the extent not already in force. It applies to
England and Wales. Section 23 of the Drugs Act 2005 will repeal
s. 57(5) as of the same date. Inter alia, s. 57 inserts s. 63B (testing
for presence of Class A drugs) and s. 63C (testing for presence of
* As at 18 November 2005.
† Senior Legal Officer (Criminal Justice), JUSTICE.
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