Overview

This bill amends the Domestic Violence, Crime and Victims Act 2004 to include causing or allowing serious physical harm to a child or vulnerable adult as a criminal offence, alongside causing or allowing their death. It also makes consequential amendments to other related acts and introduces changes to evidence and procedure in such cases.

Description

The bill primarily amends Section 5 of the 2004 Act. This section currently criminalizes causing or allowing the death of a child or vulnerable adult. This bill extends the offence to include causing or allowing them to suffer serious physical harm. A new maximum penalty of 10 years imprisonment or a fine, or both, is introduced for this amended offence.

Evidence and Procedure

The bill adds a new section (6A) to the 2004 Act concerning evidence and procedure in cases involving serious physical harm. If a defendant is charged with both causing serious physical harm and a related serious violent offence (like grievous bodily harm or attempted murder), the court can draw inferences from their failure to testify, similar to how it operates in cases where death has occurred. The charge for the related violent offence cannot be dismissed unless the charge for causing serious physical harm is also dismissed.

Consequential Amendments

The bill makes numerous consequential amendments to other Acts to ensure consistency with the changes to the 2004 Act. These amendments affect various pieces of legislation, including the Criminal Justice Act 1982, the Coroners Act 1988, the Law Reform (Year and a Day Rule) Act 1996, the Criminal Justice and Court Services Act 2000, the Sexual Offences Act 2003, the Criminal Justice Act 2003, the Armed Forces Act 2006, and the Coroners and Justice Act 2009. These amendments primarily involve updating references to “death” to include “death or serious physical harm”.

Government Spending

The bill does not directly specify any figures regarding government spending. The cost implications are likely to relate to increased court costs associated with prosecuting these new offences and potential support services for victims of serious physical harm.

Groups Affected

• Children and vulnerable adults: The bill offers greater legal protection against serious physical harm.
• Perpetrators of violence: The bill introduces a new and potentially more severe criminal penalty.
• The justice system: The bill will increase workload for police, prosecutors, and courts.
• Support services for victims: Increased demand for services is anticipated.

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