Domestic Abuse Bill (HC Bill 2)

Domestic Abuse BillPage 30

(8) If, in the case of an appeal arising by virtue of subsection (1) or (5) in respect of
a decision made by the High Court, the family court or the county court, the
person making the appeal was not a party to the proceedings in that court, the
person is to be treated for the purposes of that appeal as if the person had been
5a party to those proceedings.

(9) For further provision about appeals, see (in particular)—

(a) section 31K of the Matrimonial and Family Proceedings Act 1984
(appeals from the family court),

(b) section 16(1) of the Senior Courts Act 1981 (appeals from the High
10Court),

(c) section 77 of the County Courts Act 1984 (appeals from the county
court),

(d) section 108(3) of the Magistrates’ Courts Act 1980 (appeals against
orders made on conviction in a magistrates’ court),

(e) 15section 50(1) of the Criminal Appeal Act 1968 (appeals against orders
made on conviction in the Crown Court), and

(f) rules of court.

44 Further provision about appeals

(1) Before determining any appeal relating to a domestic abuse protection order
20(whether or not an appeal under section 43), the court must hear from any
relevant chief officer of police who wishes to be heard.

(2) For the purposes of subsection (1) each of the following is a “relevant chief
officer of police”—

(a) where the order was made on an application by a chief officer of police,
25that chief officer;

(b) the chief officer of police of the force maintained for any police area in
which the person (“P”) against whom the order was made, or (in the
case of an appeal against the decision of a court not to make an order
under section 25) against whom it was sought, resides;

(c) 30the chief officer of police of any other force maintained for a police area
who believes that P is in that police area or is intending to come to it.

(3) Subsection (4) applies to—

(a) an appeal made to the Crown Court by virtue of section 43(7)(a);

(b) an appeal made to the Court of Appeal by virtue of section 43(7)(b).

(4) 35On an appeal to which this subsection applies, the court may, on a review of
the decision appealed against—

(a) confirm, vary or revoke any part of the decision;

(b) refer the matter back to the court that made the decision with a
direction to reconsider and make a new decision in accordance with its
40ruling;

(c) make any order which the court that made the decision appealed
against could have made;

(d) make any incidental or consequential orders that appear to it to be just.

(5) For the purposes of section 42 (variation and discharge: supplementary)—

(a) 45a domestic abuse protection order that has been confirmed or varied on
an appeal (whether under subsection (4)(a) or otherwise) remains an
order of the court that first made it, and

Domestic Abuse BillPage 31

(b) a domestic abuse protection order made by a court on an appeal
(whether under subsection (4)(c) or otherwise) is to be treated as an
order made by the court whose decision was appealed against.

45 Nature of certain proceedings under this Chapter

(1) 5Proceedings before a court arising by virtue of section 28(3), (5) or (6), and
proceedings before a court arising by virtue of section 41(2)(b) in any case
within section 28(3), (5) or (6), are civil proceedings (like proceedings before a
magistrates’ court under section 25 or 41(2)(a)).

(2) The court is not restricted in the proceedings to considering evidence that
10would have been admissible in the criminal proceedings in which the person
concerned was convicted or (as the case may be) acquitted.

(3) The court may adjourn any proceedings arising by virtue of section 28(3), (5) or
(6), or any proceedings arising by virtue of section 41(2)(b) in any case within
section 28(3), (5) or (6), even after sentencing or acquitting the person
15concerned or allowing the person’s appeal.

(4) A domestic abuse protection order may be made or varied in addition to an
order discharging the person conditionally in spite of anything in sections 12
and 14 of the Powers of Criminal Courts (Sentencing) Act 2000 (which relate to
orders discharging a person conditionally or absolutely and their effect).

46 20Special measures for witnesses

(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999
(special measures directions in case of vulnerable and intimidated witnesses)
applies to relevant proceedings under this Chapter as it applies to criminal
proceedings, but with—

(a) 25the omission of the provisions of that Act mentioned in subsection (2)
(which make provision only in the context of criminal proceedings),
and

(b) any other necessary modifications.

(2) The provisions are—

(a) 30section 17(4) to (7);

(b) section 21(4C)(e);

(c) section 22A;

(d) section 32.

(3) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act
35apply to relevant proceedings under this Chapter—

(a) to the extent provided by rules of court, and

(b) subject to any modifications provided by rules of court.

(4) Section 47 of that Act (restrictions on reporting special measures directions etc)
applies with any necessary modifications—

(a) 40to a direction under section 19 of that Act as applied by this section;

(b) to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

(5) In this section “relevant proceedings under this Chapter” means—

(a) proceedings under section 25, 28(2) or (7), 37 or 41(2)(a);

Domestic Abuse BillPage 32

(b) proceedings arising by virtue of section 28(3), (5) or (6);

(c) proceedings arising by virtue of section 41(2)(b) in any case within
section 28(3), (5) or (6);

(d) proceedings on an appeal relating to a domestic abuse protection order
5(whether or not an appeal under section 43).

Notices and orders: supplementary

47 Guidance

(1) The Secretary of State must issue guidance relating to the exercise by relevant
persons of functions under or by virtue of this Chapter.

(2) 10In this section “relevant person” means—

(a) a constable;

(b) a person specified in regulations under subsection (2)(c) of section 25
for the purpose of making applications for orders under that section.

(3) A relevant person must have regard to any guidance issued under this section
15when exercising a function to which the guidance relates.

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

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

(a) 20the Domestic Abuse Commissioner, and

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

(6) Subsection (5) 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.

(7) 25The Secretary of State must publish—

(a) any guidance issued under this section, and

(b) any revisions of that guidance.

48 Data from electronic monitoring: code of practice

(1) The Secretary of State must issue a code of practice relating to the processing
30of data gathered in the course of electronic monitoring of individuals under
electronic monitoring requirements imposed by domestic abuse protection
orders.

(2) A failure to act in accordance with a code issued under this section does not of
itself make a person liable to any criminal or civil proceedings.

49 35Powers to make other orders in proceedings under this Chapter

(1) In section 8 of the Children Act 1989 (child arrangements orders and other
orders with respect to children), in subsection (4), at the end insert—

(k) Chapter 3 of Part 1 of the Domestic Abuse Act 2019, where the
proceedings are in the family court or the Family Division of the
40High Court.”

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(2) In Part 4 of the Family Law Act 1996 (family homes and domestic violence), in
section 63(2) (definition of “family proceedings”), after paragraph (j) insert—

(k) Chapter 3 of Part 1 of the Domestic Abuse Act 2019, where the
proceedings are in the family court or the Family Division of the
5High Court.”

50 Proceedings not to be subject to conditional fee agreements

In section 58A of the Courts and Legal Services Act 1990 (conditional fee
agreements: supplementary), in subsection (2), after paragraph (fd) (but before
the “and” following it) insert—

(fe) 10proceedings under Chapter 3 of Part 1 of the Domestic Abuse
Act 2019 (proceedings for domestic abuse protection order),
where the proceedings are in the family court or the Family
Division of the High Court;”.

51 Repeal of provisions about domestic violence protection notices and orders

(1) 15In the Crime and Security Act 2010, omit sections 24 to 33 (which make
provision for domestic violence protection notices and domestic violence
protection orders).

(2) In consequence of the repeal made by subsection (1), omit the following
provisions—

(a) 20in Schedule 8 to the Crime and Courts Act 2013, paragraph 179;

(b) in Schedule 14 to the Policing and Crime Act 2017, paragraph 7(g).

52 Interpretation of Chapter 3

(1) In this Chapter—

  • “chief officer of police” means—

    (a)

    25in relation to a police force maintained by a local policing body,
    the chief officer of police of that force;

    (b)

    in relation to the British Transport Police Force, the Chief
    Constable of the Force;

    (c)

    in relation to the Ministry of Defence Police, the Chief Constable
    30of the Ministry of Defence Police;

  • “domestic abuse protection notice” has the meaning given by section
    19(2);

  • “domestic abuse protection order” has the meaning given by section 24(1);

  • “electronic monitoring requirement” has the meaning given by section
    3532(6);

  • “family proceedings” means—

    (a)

    proceedings in the family court (other than proceedings under
    or by virtue of this Chapter), and

    (b)

    family proceedings within the meaning of Part 5 of the
    40Matrimonial and Family Proceedings Act 1984;

  • “home address”, in relation to a person, means—

    (a)

    the address of the person’s sole or main residence in the United
    Kingdom, or

    (b)

    if the person has no such residence—

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    (i)

    the address or location of a place in the United Kingdom
    where the person can regularly be found;

    (ii)

    if there is more than one such place, the address or
    location of whichever one of those places the person
    5selects;

  • “relevant police force” has the meaning given by section 19(8);

  • “requirement”, in relation to a domestic abuse protection order, is to be
    read in accordance with section 32(1);

  • “senior police officer” has the meaning given by section 19(8).

(2) 10Any reference to a member of a police force includes, in the case of a police
force maintained by a local policing body, a reference to a special constable
appointed by the chief officer of police of that force.

(3) Any reference to changing home address includes a reference to a case
where—

(a) 15a person acquires a home address at any time, and

(b) immediately before that time, the person did not have a home address.

(4) See also—

(a) section 1 (definition of “domestic abuse”);

(b) section 2 (definition of “personally connected”).

CHAPTER 4 20Other provision about domestic abuse

Special measures

53 Special measures directions in cases involving domestic abuse

(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (giving
of evidence or information for purposes of criminal proceedings: special
25measures directions in case of vulnerable and intimidated witnesses) is
amended as follows.

(2) In section 17 (witnesses eligible for assistance on grounds of fear or distress
about testifying)—

(a) in subsection (4), for “a sexual offence or an offence under section 1 or
302 of the Modern Slavery Act 2015” substitute “an offence listed in
subsection (4A)”;

(b) after subsection (4) insert—

(4A) The offences are—

(a) a sexual offence;

(b) 35an offence under section 1 or 2 of the Modern Slavery
Act 2015;

(c) any other offence where it is alleged that the behaviour
of the accused amounted to domestic abuse within the
meaning of Part 1 of the Domestic Abuse Act 2019 (see
40section 1 of that Act).”

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(3) In section 25(4)(a) (evidence given in private), for “a sexual offence or an
offence under section 1 or 2 of the Modern Slavery Act 2015” substitute “an
offence listed in section 17(4A)”.

Management of offenders

54 5Polygraph conditions for offenders released on licence

(1) In Part 3 of the Offender Management Act 2007 (other provisions about the
management of offenders), section 28 (application of polygraph condition) is
amended as follows.

(2) After subsection (2) insert—

(2A) 10This section also applies to a person serving a relevant custodial
sentence in respect of a relevant offence involving domestic abuse
who—

(a) is released on licence by the Secretary of State under any
enactment; and

(b) 15is not aged under 18 on the day on which he is released.”

(3) In subsection (3)(a), for “for a term of twelve months or more” substitute “that
is not for a term of less than twelve months”.

(4) After subsection (4) insert—

(4A) In this section “relevant offence involving domestic abuse” means—

(a) 20an offence listed in subsection (4B) which involved behaviour
by the offender amounting to domestic abuse within the
meaning of Part 1 of the Domestic Abuse Act 2019 (see section 1
of that Act);

(b) an offence under section 36 of that Act (breach of domestic
25abuse protection order).

(4B) The offences are—

(a) murder;

(b) an offence under section 5 of the Protection from Harassment
Act 1997 (breach of a restraining order);

(c) 30an offence specified in Part 1 of Schedule 15 to the Criminal
Justice Act 2003 (specified violent offences);

(d) an offence under section 76 of the Serious Crime Act 2015
(controlling or coercive behaviour in an intimate or family
relationship).”

35Disclosure of information by police

55 Guidance about the disclosure of information by police forces

(1) The Secretary of State must issue guidance to chief officers of police about the
disclosure of police information by police forces for the purposes of preventing
domestic abuse.

40“Police information” means information held by a police force.

(2) Each chief officer of police of a police force must have regard to any guidance
issued under this section.

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

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

(a) 5the Domestic Abuse Commissioner,

(b) the National Police Chiefs’ Council, and

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

(5) Subsection (4) does not apply in relation to any revisions of guidance issued
under this section if the Secretary of State considers the proposed revisions of
10the guidance are insubstantial.

(6) The Secretary of State must publish—

(a) any guidance issued under this section, and

(b) any revisions of that guidance.

(7) In this section—

  • 15“chief officer of police” means—

    (a)

    in relation to the British Transport Police Force, the Chief
    Constable of that Force;

    (b)

    in relation to any other police force, the chief officer of police of
    that force;

  • 20“police force” means—

    (a)

    a police force maintained by a local policing body, or

    (b)

    the British Transport Police Force.

Secure tenancies

56 Grant of secure tenancies in cases of domestic abuse

(1) 25Part 4 of the Housing Act 1985 (secure tenancies and rights of secure tenants)
is amended as follows.

(2) After section 81 insert—

81ZA Grant of secure tenancies in cases of domestic abuse

(1) This section applies where a local housing authority grants a secure
30tenancy of a dwelling-house in England before the day on which
paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 (grant
of new secure tenancies in England) comes fully into force.

(2) The local housing authority must grant a secure tenancy that is not a
flexible tenancy if—

(a) 35the tenancy is offered to a person who is or was a tenant of some
other dwelling-house under a qualifying tenancy (whether as
the sole tenant or as a joint tenant), and

(b) the authority is satisfied that—

(i) the person or a member of the person’s household is or
40has been a victim of domestic abuse carried out by
another person, and

(ii) the new tenancy is granted for reasons connected with
that abuse.

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(3) The local housing authority must grant a secure tenancy that is not a
flexible tenancy if—

(a) the tenancy is offered to a person who was a joint tenant of the
dwelling-house under a qualifying tenancy, and

(b) 5the authority is satisfied that—

(i) the person or a member of the person’s household is or
has been a victim of domestic abuse carried out by
another person, and

(ii) the new tenancy is granted for reasons connected with
10that abuse.

(4) In this section—

  • “abuse” means—

    (a)

    physical or sexual abuse;

    (b)

    violent or threatening behaviour;

    (c)

    15controlling or coercive behaviour;

    (d)

    economic abuse (within the meaning of section 1(4) of
    the Domestic Abuse Act 2019);

    (e)

    psychological, emotional or other abuse;

  • “domestic abuse” means abuse carried out by a person who is
    20personally connected to the victim of the abuse (within the
    meaning of section 2 of the Domestic Abuse Act 2019);

  • “qualifying tenancy” means a tenancy of a dwelling-house in
    England which is—

    (a)

    a secure tenancy other than a flexible tenancy, or

    (b)

    25an assured tenancy—

    (i)

    which is not an assured shorthold tenancy, and

    (ii)

    which is granted by a private registered provider
    of social housing, by the Regulator of Social
    Housing or by a housing trust which is a charity.

(5) 30For the purposes of this section, a person may be a victim of domestic
abuse despite the fact that the abuse is directed at another person (for
example, the person’s child).”

(3) In section 81B (cases where old-style English secure tenancies may be
granted)—

(a) 35in subsection (2C)—

(i) for the definition of “abuse” substitute—

  • ““abuse” means—

    (a)

    physical or sexual abuse;

    (b)

    violent or threatening behaviour;

    (c)

    40controlling or coercive behaviour;

    (d)

    economic abuse (within the meaning of
    section 1(4) of the Domestic Abuse Act
    2019);

    (e)

    psychological, emotional or other
    45abuse;”;

(ii) for the definition of “domestic abuse” substitute—

  • ““domestic abuse” means abuse carried out by a
    person who is personally connected to the victim

    Domestic Abuse BillPage 38

    of the abuse (within the meaning of section 2 of
    the Domestic Abuse Act 2019);”;

(b) after subsection (2C) insert—

(2D) For the purposes of this section, a person may be a victim of
5domestic abuse despite the fact that the abuse is directed at
another person (for example, the person’s child).”

Part 2 Domestic abuse: Northern Ireland

The domestic abuse offence

57 10The domestic abuse offence

(1) A person (“A”) commits an offence if—

(a) A engages in a course of behaviour that is abusive of another person
(“B”) (see section 58),

(b) A and B are personally connected to each other at the time (see section
1560), and

(c) the conditions in subsection (2) are met.

(2) The conditions referred to in subsection (1)(c) are—

(a) that a reasonable person would consider the course of behaviour to be
likely to cause B to suffer physical or psychological harm, and

(b) 20that A—

(i) intends the course of behaviour to cause B to suffer physical or
psychological harm, or

(ii) is reckless as to whether the course of behaviour causes B to
suffer physical or psychological harm.

(3) 25For the purposes of this Part—

(a) a course of behaviour involves behaviour on at least two occasions;

(b) “psychological harm” includes fear, alarm and distress.

(4) An offence under this section can be committed whether or not A’s behaviour
actually causes B to suffer any physical or psychological harm.

30But this does not prevent evidence from being led in proceedings for an offence
under this section about any harm actually suffered by B as a result of the
behaviour.

(5) The offence under this section is to be known as the domestic abuse offence.

(6) See also—

(a) 35section 61 (behaviour occurring outside the UK),

(b) section 62 (exception for persons having responsibility for children),
and

(c) section 63 (defence on grounds of reasonableness).

58 What constitutes “abusive” behaviour

(1) 40This section contains provision for determining for the purposes of this Part
when the behaviour of a person (“A”) is abusive of another person (“B”).

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(2) Behaviour that is abusive of B includes (among other things)—

(a) behaviour directed at B that is violent;

(b) behaviour directed at B that is threatening;

(c) behaviour directed at B, at a child of B or at another person that—

(i) 5has as its purpose (or among its purposes) one or more of the
relevant effects set out in subsection (3), or

(ii) would be considered by a reasonable person to be likely to have
one or more of those relevant effects.

(3) The relevant effects are of—

(a) 10making B dependent on, or subordinate to, A;

(b) isolating B from friends, family members or other sources of social
interaction or support;

(c) controlling, regulating or monitoring B’s day-to-day activities;

(d) depriving B of, or restricting B’s, freedom of action;

(e) 15making B feel frightened, humiliated, degraded, punished or
intimidated.

(4) In subsection (2)—

(a) the reference in paragraph (a) to violent behaviour includes both sexual
violence and physical violence;

(b) 20in paragraph (c) “child” means a person under the age of 18.

(5) Behaviour can be abusive of B as a result of subsection (2)(c) whether or not the
behaviour actually has on B any of the relevant effects set out in subsection (3).

But this does not prevent evidence from being led in proceedings for the
domestic abuse offence about any effects which the behaviour actually had on
25B.

(6) None of the paragraphs of subsection (2) or (as the case may be) subsection (3)
is to be taken to limit the meaning of any other paragraph of that subsection.

59 Further provision about “behaviour”

(1) This section has effect for the purposes of this Part.

(2) 30“Behaviour” means behaviour of any kind, including (for example)—

(a) saying or otherwise communicating something as well as doing
something;

(b) intentionally failing—

(i) to do something, or

(ii) 35to say or otherwise communicate something.

(3) Behaviour is “directed at” a person if it is directed at the person in any way,
including (for example)—

(a) by way of conduct relating to the person’s ability to acquire, use or
maintain money or other property or to obtain goods or services,

(b) 40by way of other conduct towards property, or

(c) by making use of a third party,

as well as in a personal or direct manner.