Domestic Abuse Bill

Explanatory Notes

Table of Contents


Page of these Notes

Civil protection orders6

Special measures7

Polygraph testing9

The Domestic Violence Disclosure Scheme9

Secure tenancies10

Criminal liability for domestic abuse in Northern Ireland11

Cross-examination in family proceedings11

The Istanbul Convention – extra-territorial jurisdiction11

Clause 1: Definition of "domestic abuse"16

Clause 2: Definition of "personally connected"16

Clauses 3 to 5: Domestic Abuse Commissioner17

Clause 6: General Functions of Commissioner17

Clause 7: Reports18

Clause 8: Advice and assistance18

Clause 9: Incidental powers19

Clause 10: Framework document19

Clause 11: Advisory Board19

Clause 12: Strategic plans20

Clause 13: Annual reports20

Clause 14: Duty to co-operate with Commissioner20

Clause 15: Duty to respond to Commissioner’s recommendations20

Clause 16: Disclosure of information21

Clause 17: Restriction on exercise of functions in individual cases21

Clause 18: Amendments relating to the Commissioner21

Clause 19: Power to give a domestic abuse protection notice21

Clause 20: Provision that may be made by notices22

Clause 21: Matters to be considered before giving a notice22

Clause 22: Further requirements in relation to notices23

Clause 23: Breach of notice23

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

Clause 25: Domestic abuse protection orders on application24

Clause 26: Applications where domestic abuse protection notice has been given24

Clause 27: Remand under section 26(8) of person arrested for breach of notice25

Clause 28: Domestic abuse protection orders otherwise than on application25

Clause 29: Conditions for making an order26

Clause 30: Matters to be considered before making an order26

Clause 31: Making of orders without notice26

Clause 32: Provision that may be made by orders27

Clause 33: Further provision about requirements that may be imposed by orders27

Clause 34: Further provision about electronic monitoring requirements28

Clause 35: Duration and geographical application of orders28

Clause 36: Breach of order29

Clause 37: Arrest for breach of order29

Schedule 1: Further provision about remand under section 3729

Clause 38: Notification requirements30

Clause 39: Further provision about notification under section 3831

Clause 40: Offences relating to notification31

Clause 41: Variation and discharge of orders31

Clause 42: Variation and discharge: supplementary32

Clause 43: Appeals32

Clause 44: Further provision about appeals33

Clause 45: Nature of certain proceedings under this Chapter33

Clause 46: Special measures for witnesses33

Clause 47: Guidance33

Clause 48: Data from electronic monitoring: code of practice34

Clause 49: Powers to make other orders in proceedings under this Chapter34

Clause 50: Proceedings not to be subject to conditional fee agreements34

Clause 51: Repeal of provisions about domestic violence protection notices and orders34

Clause 52: Interpretation of Chapter 335

Clause 53: Special measures directions in cases involving domestic abuse35

Clause 54: Polygraph conditions for offenders released on licence35

Clause 55: Guidance about the disclosure of information by police forces36

Clause 56: Grant of secure tenancies in cases of domestic abuse37

Clause 57: The domestic abuse offence38

Clause 58: What constitutes "abusive" behaviour38

Clause 59: Further provision about "behaviour"39

Clause 60: Definition of "personally connected"40

Clause 61: Behaviour occurring outside the UK40

Clause 62: Exception for persons having responsibility for children40

Clause 63: Defence on grounds of reasonableness40

Clause 64: Alternative available for conviction41

Clause 65: Penalty for the offence41

Clause 66: Aggravation of offence where the victim is under 1841

Clause 67: Aggravation of offence where child is otherwise involved41

Clause 68: Relationship taken as established if not challenged42

Clause 69: Service of notice under section 6842

Clause 70: No right to claim trial by jury in summary proceedings42

Clause 71: No cross-examination by accused in person42

Clause 72: Special measures for witnesses42

Clause 73: Guidance about investigation of offence43

Clause 74: Application of Interpretation Act (Northern Ireland) 195443

Clause 75: Prohibition of cross-examination in person in family proceedings43

New section 31Q – Prohibition of cross-examination in person: introductory43

New section 31R – Prohibition of cross-examination in person: victims of offences43

New section 31S – Prohibition of cross-examination in person: persons protected by injunctions etc44

New section 31T - Direction for prohibition of cross-examination in person: other cases44

New section 31U – Directions under section 31T: supplementary45

New section 31V – Alternatives to cross-examination in person45

New section 31W – Costs of legal representatives appointed under section 31V46

New section 31X – Regulations under Part 4B46

Clause 76: Offences against the person committed outside the UK: England and Wales46

Clause 77: Offences against the person committed outside the UK: Northern Ireland46

Clause 78: Amendments relating to offences committed outside the UK47

Schedule 2: Amendments relating to offences committed outside the UK47

Part 1: England and Wales47

Part 2: Scotland47

Part 3: Northern Ireland49

Clause 79: Power of Secretary of State to issue guidance about domestic abuse, etc49


Prepared 15th July 2019