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Section 5 of the Domestic Violence, Crime and Victims Act 2004 (offence of causing or allowing the death of a child or vulnerable adult) is amended as follows.
In subsection (1)—
in paragraph (a), after “dies” insert “ or suffers serious physical harm ”;
in paragraph (d), for “V's death” substitute “ the death or serious physical harm ”.
In subsection (3)(a), for “V's death” substitute “ the death or serious physical harm ”.
In subsection (4)(b), for “V's death” substitute “ the death or serious physical harm ”.
In subsection (7), after “this section” insert “ of causing or allowing a person's death ”.
After that subsection insert—
The italic heading before section 5 becomes “ Causing or allowing a child or vulnerable adult to die or suffer serious physical harm ”.
The amendments made by this section do not apply in relation to any harm resulting from an act that occurs, or so much of an act as occurs, before the commencement of this section.
After section 6 of the Domestic Violence, Crime and Victims Act 2004 insert—
The Schedule contains consequential amendments.
This Act may be cited as the Domestic Violence, Crime and Victims (Amendment) Act 2012.
This Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.
Subject to subsection (4), this Act extends to England and Wales.
The amendments made by paragraphs 9 to 11 of the Schedule have the same extent as the provisions to which they relate.
Section 3
In Schedule 5 to the Sexual Offences Act 2003 (offences for purposes of making sexual offences prevention orders), in paragraph 63A, for “the death of a child or vulnerable adult” substitute “ a child or vulnerable adult to die or suffer serious physical harm ”.
In Schedule 1 to the Criminal Justice Act 1982 (offences excluded from early release provisions), in Part 2, in the entry relating to section 5 of the Domestic Violence, Crime and Victims Act 2004, for “the death of a child or vulnerable adult” substitute “ a child or vulnerable adult to die or suffer serious physical harm ”.
In paragraph 1 of Schedule 1 to the Coroners and Justice Act 2009 (suspension of investigations where certain criminal charges may be brought), in sub-paragraph (6), in paragraph (d) of the definition of “homicide offence”, for “(causing or allowing the death of a child or vulnerable adult)” substitute “ of causing or allowing the death of a child or vulnerable adult ”.
In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent offences for purposes of Chapter 5 of Part 12 of that Act), in paragraph 63A, for “the death of a child or vulnerable adult” substitute “ a child or vulnerable adult to die or suffer serious physical harm ”.
The Coroners Act 1988 is amended as follows. In section 16 (adjournment of inquest in event of criminal proceedings), in subsection (1)(a)(iv), for “(causing or allowing the death of a child or vulnerable adult)” substitute “ of causing or allowing the death of a child or vulnerable adult ”. In section 17 (provisions supplementary to section 16), in subsections (1)(d) and (2)(d), for “(causing or allowing the death of a child or vulnerable adult)” substitute “ of causing or allowing the death of a child or vulnerable adult ”. The amendments made by this paragraph cease to have effect when the repeal of that Act by Schedule 23 to the Coroners and Justice Act 2009 has effect for all purposes.
In section 2 of the Law Reform (Year and a Day Rule) Act 1996 (restriction on institution of proceedings for fatal offence), in subsection (3)(c), for “(causing or allowing the death of a child or vulnerable adult)” substitute “ of causing or allowing the death of a child or vulnerable adult ”.
The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
In Schedule 4 to the Criminal Justice and Court Services Act 2000 (meaning of “offence against a child” for purposes of disqualification orders), in paragraph 3(sb), for “the death of a child or vulnerable adult” substitute “ a child or vulnerable adult to die or suffer serious physical harm ”. The amendment made by sub-paragraph (1) ceases to have effect when the repeal of that Schedule by Schedule 10 to the Safeguarding Vulnerable Groups Act 2006 has effect for all purposes.
In section 6 (evidence and procedure: England and Wales), in subsection (5), after “section 5” insert “ of causing or allowing a person's death ”. The heading of that section becomes “ Evidence and procedure in cases of death: England and Wales ”.
In section 8 (evidence and procedure: the Court Martial), after subsection (3) insert—
In section 62(4) (extent of section 8), after “section 6” insert “ or 6A ”.
In section 51 of the Armed Forces Act 2006 (jurisdiction of Service Civilian Court), in subsection (5)(a), for “(causing or allowing death of child etc)” substitute “ of causing or allowing the death of a child or vulnerable adult ”.