Domestic Abuse Bill

Explanatory Notes

Table of Contents

Subject

Page of these Notes

Civil protection orders 6

Special measures 7

Polygraph testing 9

The Domestic Violence Disclosure Scheme 9

Secure tenancies 10

Criminal liability for domestic abuse in Northern Ireland 11

Cross-examination in family proceedings 11

The Istanbul Convention – extra-territorial jurisdiction 11

Clause 1: Definition of "domestic abuse"16

Clause 2: Definition of "personally connected"16

Clauses 3 to 5: Domestic Abuse Commissioner 17

Clause 6: General Functions of Commissioner 17

Clause 7: Reports 18

Clause 8: Advice and assistance 18

Clause 9: Incidental powers 19

Clause 10: Framework document 19

Clause 11: Advisory Board 19

Clause 12: Strategic plans 20

Clause 13: Annual reports 20

Clause 14: Duty to co-operate with Commissioner 20

Clause 15: Duty to respond to Commissioner’s recommendations 20

Clause 16: Disclosure of information 21

Clause 17: Restriction on exercise of functions in individual cases 21

Clause 18: Amendments relating to the Commissioner 21

Clause 19: Power to give a domestic abuse protection notice 21

Clause 20: Provision that may be made by notices 22

Clause 21: Matters to be considered before giving a notice 22

Clause 22: Further requirements in relation to notices 23

Clause 23: Breach of notice 23

Clause 24: Meaning of "domestic abuse protection order"24

Clause 25: Domestic abuse protection orders on application 24

Clause 26: Applications where domestic abuse protection notice has been given 24

Clause 27: Remand under section 26(8) of person arrested for breach of notice 25

Clause 28: Domestic abuse protection orders otherwise than on application 25

Clause 29: Conditions for making an order 26

Clause 30: Matters to be considered before making an order 26

Clause 31: Making of orders without notice 26

Clause 32: Provision that may be made by orders 27

Clause 33: Further provision about requirements that may be imposed by orders 27

Clause 34: Further provision about electronic monitoring requirements 28

Clause 35: Duration and geographical application of orders 28

Clause 36: Breach of order 29

Clause 37: Arrest for breach of order 29

Schedule 1: Further provision about remand under section 37 29

Clause 38: Notification requirements 30

Clause 39: Further provision about notification under section 38 31

Clause 40: Offences relating to notification 31

Clause 41: Variation and discharge of orders 31

Clause 42: Variation and discharge: supplementary 32

Clause 43: Appeals 32

Clause 44: Further provision about appeals 33

Clause 45: Nature of certain proceedings under this Chapter 33

Clause 46: Special measures for witnesses 33

Clause 47: Guidance 33

Clause 48: Data from electronic monitoring: code of practice 34

Clause 49: Powers to make other orders in proceedings under this Chapter 34

Clause 50: Proceedings not to be subject to conditional fee agreements 34

Clause 51: Repeal of provisions about domestic violence protection notices and orders 34

Clause 52: Interpretation of Chapter 3 35

Clause 53: Special measures directions in cases involving domestic abuse 35

Clause 54: Polygraph conditions for offenders released on licence 35

Clause 55: Guidance about the disclosure of information by police forces 36

Clause 56: Grant of secure tenancies in cases of domestic abuse 37

Clause 57: The domestic abuse offence 38

Clause 58: What constitutes "abusive" behaviour 38

Clause 59: Further provision about "behaviour"39

Clause 60: Definition of "personally connected"40

Clause 61: Behaviour occurring outside the UK 40

Clause 62: Exception for persons having responsibility for children 40

Clause 63: Defence on grounds of reasonableness 40

Clause 64: Alternative available for conviction 41

Clause 65: Penalty for the offence 41

Clause 66: Aggravation of offence where the victim is under 18 41

Clause 67: Aggravation of offence where child is otherwise involved 41

Clause 68: Relationship taken as established if not challenged 42

Clause 69: Service of notice under section 68 42

Clause 70: No right to claim trial by jury in summary proceedings 42

Clause 71: No cross-examination by accused in person 42

Clause 72: Special measures for witnesses 42

Clause 73: Guidance about investigation of offence 43

Clause 74: Application of Interpretation Act (Northern Ireland) 1954 43

Clause 75: Prohibition of cross-examination in person in family proceedings 43

New section 31Q – Prohibition of cross-examination in person: introductory 43

New section 31R – Prohibition of cross-examination in person: victims of offences 43

New section 31S – Prohibition of cross-examination in person: persons protected by injunctions etc 44

New section 31T - Direction for prohibition of cross-examination in person: other cases 44

New section 31U – Directions under section 31T: supplementary 45

New section 31V – Alternatives to cross-examination in person 45

New section 31W – Costs of legal representatives appointed under section 31V 46

New section 31X – Regulations under Part 4B 46

Clause 76: Offences against the person committed outside the UK: England and Wales 46

Clause 77: Offences against the person committed outside the UK: Northern Ireland 46

Clause 78: Amendments relating to offences committed outside the UK 47

Schedule 2: Amendments relating to offences committed outside the UK 47

Part 1: England and Wales 47

Part 2: Scotland 47

Part 3: Northern Ireland 49

Clause 79: Power of Secretary of State to issue guidance about domestic abuse, etc 49

Prepared 15th July 2019