Domestic Abuse Bill (HC Bill 96)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately
as Bill 96-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

    Definition of “domestic abuse”

    1. 1. Definition of “domestic abuse”

    2. 2. Definition of “personally connected”

  2. Part 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. Part 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 Part

      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 Part

      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 Part 3

  4. Part 4

    Local authority support

    1. 53. Support provided by local authorities to victims of domestic abuse

    2. 54. Domestic abuse local partnership boards

    3. 55. Annual reports

    4. 56. Guidance

    5. 57. Interpretation of Part 4

  5. Part 5

    Protection for victims and witnesses in court

    1. Special measures

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

    2. Cross-examination in family proceedings

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

  6. Part 6

    Offences committed outside the UK

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

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

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

  7. Part 7

    Miscellaneous and general

    1. Management of offenders

      1. 63. Polygraph conditions for offenders released on licence

    2. Disclosure of information by police

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

    3. Secure tenancies

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

    4. Guidance

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

    5. Powers to make consequential or transitional provision, etc

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

      2. 68. Power to make transitional or saving provision

    6. Final provisions

      1. 69. Regulations

      2. 70. Financial provision

      3. 71. Extent

      4. 72. Commencement

      5. 73. 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