Domestic Abuse Bill (HC Bill 2)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately
as Bill 2-EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Priti Patel has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:

In my view the provisions of the Domestic Abuse Bill are compatible with the Con-
vention rights.

Contents

  1. Part 1

    Domestic abuse: England and Wales

    1. Chapter 1

      Definition of “domestic abuse”

      1. 1. Definition of “domestic abuse”

      2. 2. Definition of “personally connected”

    2. Chapter 2

      The Domestic Abuse Commissioner

      1. Domestic Abuse Commissioner

        1. 3. Appointment of Commissioner

        2. 4. Funding

        3. 5. Staff etc

      2. Functions of Commissioner

        1. 6. General functions of Commissioner

        2. 7. Reports

        3. 8. Advice and assistance

        4. 9. Incidental powers

      3. Framework document

        1. 10. Framework document

      4. Advisory Board

        1. 11. Advisory Board

      5. Strategic plans and annual reports

        1. 12. Strategic plans

        2. 13. Annual reports

      6. Duties of public authorities in relation to Commissioner

        1. 14. Duty to co-operate with Commissioner

        2. 15. Duty to respond to Commissioner’s recommendations

      7. Disclosure of information

        1. 16. Disclosure of information

      8. Miscellaneous and supplementary

        1. 17. Restriction on exercise of functions in individual cases

        2. 18. Amendments relating to Commissioner

    3. Chapter 3

      Powers for dealing with domestic abuse

      1. Domestic abuse protection notices

        1. 19. Power to give a domestic abuse protection notice

        2. 20. Provision that may be made by notices

        3. 21. Matters to be considered before giving a notice

        4. 22. Further requirements in relation to notices

        5. 23. Breach of notice

      2. Domestic abuse protection orders

        1. 24. Meaning of “domestic abuse protection order”

        2. 25. Domestic abuse protection orders on application

        3. 26. Applications where domestic abuse protection notice has been given

        4. 27. Remand under section 26(8) of person arrested for breach of notice

        5. 28. Domestic abuse protection orders otherwise than on application

        6. 29. Conditions for making an order

        7. 30. Matters to be considered before making an order

        8. 31. Making of orders without notice

        9. 32. Provision that may be made by orders

        10. 33. Further provision about requirements that may be imposed by orders

        11. 34. Further provision about electronic monitoring requirements

        12. 35. Duration and geographical application of orders

        13. 36. Breach of order

        14. 37. Arrest for breach of order

        15. 38. Notification requirements

        16. 39. Further provision about notification under section 38

        17. 40. Offences relating to notification

        18. 41. Variation and discharge of orders

        19. 42. Variation and discharge: supplementary

        20. 43. Appeals

        21. 44. Further provision about appeals

        22. 45. Nature of certain proceedings under this Chapter

        23. 46. Special measures for witnesses

      3. Notices and orders: supplementary

        1. 47. Guidance

        2. 48. Data from electronic monitoring: code of practice

        3. 49. Powers to make other orders in proceedings under this Chapter

        4. 50. Proceedings not to be subject to conditional fee agreements

        5. 51. Repeal of provisions about domestic violence protection notices and orders

        6. 52. Interpretation of Chapter 3

    4. Chapter 4

      Other provision about domestic abuse

      1. Special measures

        1. 53. Special measures directions in cases involving domestic abuse

      2. Management of offenders

        1. 54. Polygraph conditions for offenders released on licence

      3. Disclosure of information by police

        1. 55. Guidance about the disclosure of information by police forces

      4. Secure tenancies

        1. 56. Grant of secure tenancies in cases of domestic abuse

  2. Part 2

    Domestic abuse: Northern Ireland

    1. The domestic abuse offence

      1. 57. The domestic abuse offence

      2. 58. What constitutes “abusive” behaviour

      3. 59. Further provision about “behaviour”

      4. 60. Definition of “personally connected”

      5. 61. Behaviour occurring outside the UK

      6. 62. Exception for persons having responsibility for children

      7. 63. Defence on grounds of reasonableness

      8. 64. Alternative available for conviction

      9. 65. Penalty for the offence

    2. Aggravation of offence

      1. 66. Aggravation of offence where victim is under 18

      2. 67. Aggravation of offence where child is otherwise involved

    3. Procedural matters

      1. 68. Relationship taken as established if not challenged

      2. 69. Service of notices under section 68

      3. 70. No right to claim trial by jury in summary proceedings

      4. 71. No cross-examination by accused in person

      5. 72. Special measures for witnesses

    4. Guidance and interpretation

      1. 73. Guidance about investigation of offences

      2. 74. Application of Interpretation Act (Northern Ireland) 1954

  3. Part 3

    Prohibition of cross-examination in person in family proceedings

    1. 75. Prohibition of cross-examination in person in family proceedings

  4. Part 4

    Offences committed outside the UK

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

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

    3. 78. Amendments relating to offences committed outside the UK

  5. Part 5

    Supplementary and final provisions

    1. Guidance

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

    2. Powers to make consequential or transitional provision, etc

      1. 80. Power of Secretary of State to make consequential amendments

      2. 81. Power to make transitional or saving provision

    3. Final provisions

      1. 82. Regulations

      2. 83. Financial provisions

      3. 84. Extent

      4. 85. Commencement

      5. 86. Short title

    1. Schedule 1

      Further provision about remand under section 37

    2. Schedule 2

      Amendments relating to offences committed outside the UK

      1. Part 1

        England and Wales

      2. Part 2

        Scotland

      3. Part 3

        Northern Ireland