DVCV Act 2004

1
DVCV Act 2004

2
Political backdrop

• Audit Commission criminal justice system's
  failure to deliver for many victims is eroding
  public confidence
• "Putting victims first
• "Rebalancing the criminal justice system in
  favour of the victim

3
Key provisions

• New offence of causing or permitting the death of
  a child or vulnerable adult
• Changes to evidential rules in cases of murder or
  manslaughter
• Common assault arrestable offence
• Trial without jury for multiple offences
  permissible for some, but not all counts included
  in an indictment
• Extension of associated person in
  non-molestation order to same sex couples
• Extension of courts power to make a restraining
  order
• New rules of evidence in injunction proceedings
  (?)
• Power to impose surcharges on fines and fixed
  penalties
• Code of practice for treatment of victims

4
Fitness to plead

• s. 22 DVCV Act 2004 amends CP(I)A 1964 to remove
  the jury from the process of fitness to plead
  determination
• 2 doctors evidence
• jury determine act or omission
• disposals s37/41 supervision order ...
• s.35,36 and 38 also available

5
MHRT

• New procedures
• Prison transfers and restricted hospital orders
• Not retrospective

6
Disposals

• sexual or violent offence leading to s37/41
• s37/41 pursuant to CP(I)A 1964 as amended by DVCA
  2004
• s45A (hospital order with limitation direction)
• s47/49 where sexual or violent offence led to
  sentence gt 12 months
• VLO and MHU caseworker will liaise

7
Applications and references

• For references, the MHU will inform the MHRT and
  identify the VLO
• For applications, the MHRT will need to ask the
  MHRT to identify the VLO
• MHRT secretariat will inform VLO of tribunal date
  and deadline for victims representations
• discharge conditions

8
Disclosure

• No guarantees
• Presumption is in favour of disclosure
• Rule 12 adversely affect the health or welfare
  of the patient or others
• Patients legal representative will still see the
  document
• Rule 5 allows for a preliminary hearing to
  consider disclosure issues by the regional
  chairman
• Victim could attend to argue non-disclosure

9
Attendance at MHRTs

• No new provisions
• Rule 7(f) requires notice of hearing to any
  person who in the opinion of the Tribunal should
  have an opportunity of being heard
• Art 6 and 8
• Rule 5
• Rule 14(2)

10
Pre-DVCA cases

• Prior to 1st July 2005
• Victims will normally be permitted such access
  if
• Victim writes to MHRT to Jack Fargher
• Similar rights re notification of hearing
  attendance written submissions

11
Home Office

• Victim means any person who appears to the local
  probation board to be, or to act for, the victim
  of the index offence, including family of a
  deceased person

12
Statutory requirements

• Probation board
• Home Secretary
• MHRT

13
Confidentiality

• No new requirements for clinicians w.r.t.
  disclosure
• No requirement re MHRT apps/refs
• Liaison with VLO clinical team to determine
  level of contact permitted eg. attendance at CPA
  reviews

14
Non-statutory proposals

• Transfer between hospitals
• Absconds
• Leave

15
MHA 2007

• Parallel provisions to pt III patients
• Duties mainly via managers
• Warn victims of discharge
• Share info from victims
• Inform victims of CTO and its conditions

16
The responsible clinician must inform the
managers of the relevant hospital if he is
considering making (a) an order for discharge
in respect of the patient under section 23(2) of
the Mental Health Act 1983, (b) a community
treatment order in respect of the patient, or
(c) an order under section 17B(4) of the Mental
Health Act 1983 to vary the conditions specified
in a community treatment order in force in
respect of the patient. (5) Any person who has
the power to make an order for discharge in
respect of the patient under section 23(3) of the
Mental Health Act 1983 must inform the managers
of the relevant hospital if he is considering
making that order. (8) The managers of the
relevant hospital must provide the information to
the person