(d) refusing an application for the revocation of a direction under
section 31T.

31V Alternatives to cross-examination in person

(1) This section applies where a party to family proceedings is prevented
5from cross-examining a witness in person by virtue of section 31R, 31S
or 31T.

(2) The court must consider whether (ignoring this section) there is a
satisfactory alternative means—

(a) for the witness to be cross-examined in the proceedings, or

(b) 10of obtaining evidence that the witness might have given under
cross-examination in the proceedings.

(3) If the court decides that there is not, the court must—

(a) invite the party to the proceedings to arrange for a qualified
legal representative to act for the party for the purpose of cross-
15examining the witness, and

(b) require the party to the proceedings to notify the court, by the
end of a period specified by the court, of whether a qualified
legal representative is to act for the party for that purpose.

(4) Subsection (5) applies if, by the end of the period specified under
20subsection (3)(b), either—

(a) the party has notified the court that no qualified legal
representative is to act for the party for the purpose of cross-
examining the witness, or

(b) no notification has been received by the court and it appears to
25the court that no qualified legal representative is to act for the
party for the purpose of cross-examining the witness.

(5) The court must consider whether it is necessary in the interests of
justice for the witness to be cross-examined by a qualified legal
representative appointed by the court to represent the interests of the
30party.

(6) If the court decides that it is, the court must appoint a qualified legal
representative (chosen by the court) to cross-examine the witness in the
interests of the party.

(7) A qualified legal representative appointed by the court under
35subsection (6) is not responsible to the party.

(8) For the purposes of this section—

(a) a reference to cross-examination includes (in a case where a
direction is given under section 31T after the party has begun
cross-examining the witness) a reference to continuing to
40conduct cross-examination;

(b) “qualified legal representative” means a person who, for the
purposes of the Legal Services Act 2007, is an authorised person
in relation to an activity which constitutes the exercise of a right
of audience (within the meaning of that Act) in family
45proceedings.

31W Costs of legal representatives appointed under section 31V

(1) The Lord Chancellor may by regulations make provision for the
payment out of central funds of sums in respect of—

(a) fees or costs properly incurred by a qualified legal
5representative appointed under section 31V, and

(b) expenses properly incurred in providing such a person with
evidence or other material in connection with the appointment.

(2) The regulations may provide for the amounts to be determined by the
Lord Chancellor or such other person as the regulations may specify.

(3) 10The regulations may provide for the amounts paid to be calculated in
accordance with—

(a) a rate or scale specified in the regulations, or

(b) other provision made by or under the regulations.

31X Regulations under Part 4B

(1) 15Any power of the Lord Chancellor to make regulations under this
Part—

(a) is exercisable by statutory instrument,

(b) includes power to make different provision for different
purposes, and

(c) 20includes power to make supplementary, incidental,
consequential, transitional, transitory or saving provision.

(2) A statutory instrument containing regulations under this Part is subject
to annulment in pursuance of a resolution of either House of
Parliament.””

25Part 4 Offences committed outside the UK

76 Offences against the person committed outside the UK: England and Wales

(1) If—

(a) a person who is a United Kingdom national or is habitually resident in
30England and Wales does an act in a country outside the United
Kingdom,

(b) the act constitutes an offence under the law in force in that country, and

(c) the act, if done in England and Wales, would constitute an offence to
which this subsection applies,

35the person is guilty in England and Wales of that offence.

(2) The offences to which subsection (1) applies are—

(a) murder;

(b) manslaughter;

(c) an offence under section 18, 20 or 47 of the Offences Against the Person
40Act 1861 (offences relating to bodily harm or injury);

(d) an offence under section 23 or 24 of that Act (administering poison);

(e) an offence under section 1 of the Infant Life (Preservation) Act 1929
(child destruction).

(3) Subsection (1) does not apply where a person would, in the absence of that
subsection, be guilty of an offence of murder or manslaughter under the law of
England and Wales.

(4) An act punishable under the law in force in any country constitutes an offence
5under that law for the purposes of subsection (1)(b) however it is described in
that law.

(5) The condition in subsection (1)(b) is to be taken to be met unless, not later than
rules of court may provide, the defendant serves on the prosecution a notice—

(a) stating that, on the facts as alleged with respect to the act in question,
10the condition is not in the defendant’s opinion met,

(b) showing the grounds for that opinion, and

(c) requiring the prosecution to prove that it is met.

(6) But the court, if it thinks fit, may permit the defendant to require the
prosecution to prove that the condition is met without service of a notice under
15subsection (5).

(7) In the Crown Court the question whether the condition is met is to be decided
by the judge alone.

(8) In this section—

• “act” includes a failure to act;

• 20“country” includes territory;

• “United Kingdom national” means an individual who is—

  (a)

  a British citizen, a British overseas territories citizen, a British
  National (Overseas) or a British Overseas citizen,

  (b)

  a person who under the British Nationality Act 1981 is a British
  25subject, or

  (c)

  a British protected person within the meaning of that Act.

77 Offences against the person committed outside the UK: Northern Ireland

(1) If—

(a) a person who is a United Kingdom national or is habitually resident in
30Northern Ireland does an act in a country outside the United Kingdom,

(b) the act constitutes an offence under the law in force in that country, and

(c) the act, if done in Northern Ireland, would constitute an offence to
which this subsection applies,

the person is guilty in Northern Ireland of that offence.

(2) 35The offences to which subsection (1) applies are—

(a) murder;

(b) manslaughter;

(c) an offence under section 18, 20 or 47 of the Offences Against the Person
Act 1861 (offences relating to bodily harm or injury);

(d) 40an offence under section 23 or 24 of that Act (administering poison);

(e) an offence under section 25 of the Criminal Justice Act (Northern
Ireland) 1945 (child destruction).

(3) Subsection (1) does not apply where a person would, in the absence of that
subsection, be guilty of an offence of murder or manslaughter under the law of
45Northern Ireland.

(4) An act punishable under the law in force in any country constitutes an offence
under that law for the purposes of subsection (1)(b) however it is described in
that law.

(5) The condition in subsection (1)(b) is to be taken to be met unless, not later than
5rules of court may provide, the defendant serves on the prosecution a notice—

(a) stating that, on the facts as alleged with respect to the act in question,
the condition is not in the defendant’s opinion met,

(b) showing the grounds for that opinion, and

(c) requiring the prosecution to prove that it is met.

(6) 10But the court, if it thinks fit, may permit the defendant to require the
prosecution to prove that the condition is met without service of a notice under
subsection (5).

(7) In the Crown Court the question whether the condition is met is to be decided
by the judge alone.

(8) 15In this section—

• “act” includes a failure to act;

• “country” includes territory;

• “rules of court” means—

  (a)

  in relation to proceedings in a magistrates’ court, magistrates’
  20court rules;

  (b)

  in relation to proceedings in the Crown Court, Crown Court
  rules;

• “United Kingdom national” means an individual who is—

  (a)

  a British citizen, a British overseas territories citizen, a British
  25National (Overseas) or a British Overseas citizen,

  (b)

  a person who under the British Nationality Act 1981 is a British
  subject, or

  (c)

  a British protected person within the meaning of that Act.

(9) The Interpretation Act (Northern Ireland) 1954 applies for the purposes of this
30section as it applies to an Act of the Northern Ireland Assembly.

78 Amendments relating to offences committed outside the UK

(1) Part 1 of Schedule 2 contains amendments to provide for extra-territorial
jurisdiction over certain other offences under the law of England and Wales.

(2) Part 2 of Schedule 2 contains amendments to provide for extra-territorial
35jurisdiction over certain offences under the law of Scotland.

(3) Part 3 of Schedule 2 contains amendments to provide for extra-territorial
jurisdiction over certain other offences under the law of Northern Ireland.

Part 5 Supplementary and final provisions

Guidance

79 Power of Secretary of State to issue guidance about domestic abuse, etc

(1) 5The Secretary of State may issue guidance about—

(a) the effect of any provision made by or under Part 1 or 3, section 76 or
Part 1 of Schedule 2;

(b) other matters relating to domestic abuse in England and Wales.

(2) The Secretary of State must, in particular, issue guidance under this section
10about—

(a) the effect of sections 1 and 2, including guidance as to particular kinds
of behaviour that amount to domestic abuse;

(b) the effect of domestic abuse on children.

(3) Any guidance issued under this section must, so far as relevant, take account
15of the fact that the majority of victims of domestic abuse in England and Wales
are female.

(4) A person exercising public functions to whom guidance issued under this
section relates must have regard to it in the exercise of those functions.

But nothing in this section permits the Secretary of State to issue guidance to a
20court or tribunal.

(5) The Secretary of State may from time to time revise any guidance issued under
this section.

(6) Before issuing or revising guidance under this section, the Secretary of State
must consult—

(a) 25the Domestic Abuse Commissioner,

(b) the Welsh Ministers, so far as the guidance relates to a devolved Welsh
authority, and

(c) such other persons as the Secretary of State considers appropriate.

(7) In subsection (6)(b) “devolved Welsh authority” has the meaning given by
30section 157A of the Government of Wales Act 2006.

(8) Subsection (6) does not apply in relation to any revisions of guidance issued
under this section if the Secretary of State considers the proposed revisions of
the guidance are insubstantial.

(9) The Secretary of State must publish—

(a) 35any guidance issued under this section, and

(b) any revisions of that guidance.

Powers to make consequential or transitional provision, etc

80 Power of Secretary of State to make consequential amendments

(1) The Secretary of State may by regulations make provision that is consequential
on any provision made by or under Part 1 or 3, section 76 or Part 1 of Schedule
52.

(2) The power to make regulations under this section may, in particular, be
exercised by amending, repealing, revoking or otherwise modifying any
provision made by or under an Act passed before, or in the same session of
Parliament as, this Act.

81 10Power to make transitional or saving provision

(1) The Secretary of State may by regulations make such transitional or saving
provision as the Secretary of State considers appropriate in connection with the
coming into force of any provision of Part 1 or 3, section 76, 78(1) or 79, or Part
1 of Schedule 2.

(2) 15The Department of Justice in Northern Ireland may by regulations make such
transitional or saving provision as the Department considers appropriate in
connection with the coming into force of any provision of Part 2, section 77 or
78(3), or Part 3 of Schedule 2.

(3) Regulations under this section may (among other things) make any
20adaptations of provisions of this Act mentioned in subsection (1) or (2) (as the
case may be) brought into force that appear to be appropriate in consequence
of other provisions of this Act not yet having come into force.

Final provisions

82 Regulations

(1) 25Any power of the Secretary of State to make regulations under this Act is
exercisable by statutory instrument.

(2) Any power of the Department of Justice in Northern Ireland to make
regulations under this Act is exercisable by statutory rule for the purposes of
the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)S.I. 1979/1573 (N.I. 12)).

(3) 30Regulations under this Act may—

(a) make different provision for different purposes or in relation to
different areas;

(b) contain supplementary, incidental, consequential, transitional or
saving provision.

(4) 35Subsection (3) does not apply to regulations under section 85 (see instead
subsection (6) of that section).

(5) A statutory instrument containing regulations made by the Secretary of State
under this Act is subject to annulment in pursuance of a resolution of either
House of Parliament, unless the instrument—

(a) 40is required by subsection (6) or any other enactment to be laid in draft
before, and approved by a resolution of, each House of Parliament, or

(b) contains only regulations under section 34(7), 81 or 85.

(6) A statutory instrument that contains (with or without other provisions)—

(a) regulations under section 38(7), or

(b) regulations under section 80 that amend or repeal any Act,

may not be made unless a draft of the instrument has been laid before, and
5approved by a resolution of, each House of Parliament.

83 Financial provisions

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable by virtue of any other
10Act out of money so provided.

84 Extent

(1) Except as set out below, this Act extends to England and Wales only.

(2) Any amendment or repeal made by Chapter 2 or 3 of Part 1 has the same extent
as the provision amended or repealed.

(3) 15Section 78(2) and Part 2 of Schedule 2 extend to Scotland only.

(4) The following provisions extend to Northern Ireland only—

(a) Part 2;

(b) sections 77 and 78(3) and Part 3 of Schedule 2.

(5) The following provisions extend to England and Wales, Scotland and Northern
20Ireland—

(a) sections 80 to 83,

(b) this section, and

(c) sections 85 and 86.

85 Commencement

(1) 25The following provisions of this Act come into force on the day on which this
Act is passed—

(a) sections 80 to 84, this section and section 86;

(b) any power to make regulations under or by virtue of this Act.

(2) Sections 76 and 78(1) and Part 1 of Schedule 2 come into force at the end of the
30period of two months beginning with the day on which this Act is passed.

(3) Section 78(2) and Part 2 of Schedule 2 come into force in accordance with
provision contained in regulations made by the Scottish Ministers.

(4) The following provisions of this Act come into force in accordance with
provision contained in regulations made by the Department of Justice in
35Northern Ireland—

(a) Part 2;

(b) sections 77 and 78(3) and Part 3 of Schedule 2.

(5) The remaining provisions of this Act come into force in accordance with
provision contained in regulations made by the Secretary of State.

(6) Regulations under this section may make different provision for different
purposes or in relation to different areas.

(7) Regulations under this section bringing any provision of Chapter 3 of Part 1 or
section 54 into force only for a specified purpose or in relation to a specified
5area may—

(a) provide for that provision or section to be in force for that purpose or
in relation to that area for a specified period;

(b) make transitional or saving provision relating to that provision or
section ceasing to be in force at the end of the specified period.

(8) 10Regulations containing provision permitted by subsection (7)(a) may be
amended by subsequent regulations under this section so as to continue any
provision of Chapter 3 of Part 1 or section 54 in force for the specified purpose
or in relation to the specified area for a further specified period.

86 Short title

15This Act may be cited as the Domestic Abuse Act 2019.

SCHEDULES

Section 37

SCHEDULE 1 Further provision about remand under section 37

Introductory

1 5This Schedule applies where a court has power to remand a person (“P”)
under section 37.

Remand in custody or on bail

2 (1) The court may remand P in custody or on bail.

(2) If remanded in custody, P is to be committed to custody to be brought before
10the court—

(a) at the end of the period of remand, or

(b) at such earlier time as the court may require.

(3) The court may remand P on bail—

(a) by taking from P a recognizance (with or without sureties)
15conditioned as provided in paragraph 3, or

(b) by fixing the amount of the recognizances with a view to their being
taken subsequently in accordance with paragraph 7 and, in the
meantime, committing P to custody as mentioned in sub-paragraph
(2).

(4) 20Where P is brought before the court after remand, the court may further
remand P.

3 (1) Where P is remanded on bail, the court may direct that P’s recognizance be
conditioned for P’s appearance—

(a) before the court at the end of the period of remand, or

(b) 25at every time and place to which during the course of the
proceedings the hearing may from time to time be adjourned.

(2) Where a recognizance is conditioned for P’s appearance as mentioned in
sub-paragraph (1)(b), the fixing of a time for P next to appear is to be treated
as a remand.

(3) 30Nothing in this paragraph affects the power of the court at any subsequent
hearing to remand P afresh.

4 (1) The court may not remand P for a period exceeding eight clear days unless—

(a) the court adjourns proceedings for the purpose mentioned in
paragraph 5(1), or

(b) P is remanded on bail and both P and the person who applied for the
warrant under section 37 consent.

This is subject to paragraph 6.

(2) Where the court has power to remand P in custody, P may be committed to
5the custody of a constable if the remand is for a period not exceeding three
clear days.

Remand for medical examination and report

5 (1) If the court has reason to suspect that a medical report will be required, the
power to remand a person under section 37 may be exercised for the purpose
10of enabling a medical examination to take place and a report to be made.

(2) If the person is remanded in custody for that purpose, the adjournment may
not be for more than 3 weeks at a time.

(3) If the person is remanded on bail for that purpose, the adjournment may not
be for more than 4 weeks at a time.

(4) 15Sub-paragraph (5) applies if there is reason to suspect that a person who has
been arrested under a warrant issued on an application made under section
37 is suffering from mental disorder within the meaning of the Mental
Health Act 1983.

(5) The court has the same power to make an order under section 35 of that Act
20(remand to hospital for report on accused’s mental condition) as the Crown
Court has under that section in the case of an accused person (within the
meaning of that section).

Further remand

6 (1) If the court is satisfied that a person (“P”) who has been remanded is unable
25by reason of illness or accident to appear or be brought before the court at
the end of the period of remand, the court may further remand P in P’s
absence.

(2) The power under sub-paragraph (1) may, in the case of a person who was
remanded on bail, be exercised by enlarging the person’s recognizance and
30those of any sureties for the person to a later time.

(3) Where a person (“P”) remanded on bail is bound to appear before the court
at any time and the court has no power to remand P under sub-paragraph
(1), the court may (in P’s absence) enlarge P’s recognizance and those of any
sureties for P to a later time.

(4) 35The enlargement of P’s recognizance is to be treated as a further remand.

(5) Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers
conferred by this paragraph.

Postponement of taking of recognizance

7 Where under paragraph 2(3)(b) the court fixes the amount in which the
40principal and the sureties, if any, are to be bound, the recognizance may
afterwards be taken by a person prescribed by rules of court, with the same
consequences as if it had been entered into before the court.