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 offense. It also makes consequential amendments to other related Acts and adjusts legal procedures.

Description

The bill primarily modifies Section 5 of the 2004 Act, expanding the definition of the crime of causing or allowing the death of a child or vulnerable adult to include causing or allowing serious physical harm. This amendment introduces a maximum penalty of 10 years imprisonment or a fine, or both, for this expanded offense. The bill further introduces a new Section 6A to the 2004 Act which outlines evidence and procedure in cases involving serious physical harm. This section allows for inferences to be drawn from a defendant's silence in court, both in relation to the charge of causing serious harm and related offenses like grievous bodily harm or attempted murder. It also prevents the dismissal of related charges unless the primary charge is also dismissed. Finally, the bill includes consequential amendments to several other Acts to ensure consistency with the changes made to the 2004 Act. These include updates to 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.

Government Spending

The bill does not explicitly state the effect on government spending. The cost is likely to relate to the increased workload on the justice system, including investigations, prosecutions, and potential increases in prison sentences.

Groups Affected

• Children and Vulnerable Adults: This bill provides increased legal protection against serious physical harm.
• Perpetrators of Violence: The bill increases the potential penalties for those who cause or allow serious physical harm to a child or vulnerable adult.
• Law Enforcement Agencies: The bill will increase workload for police and other agencies involved in investigating and prosecuting such cases.
• The Courts and the Justice System: The bill changes legal procedure and will impact the workload and processes within the justice system.

Powered by nyModel