Domestic Abuse Bill (HC Bill 96)

A

BILL

TO

Make provision in relation to domestic abuse; to make provision for and in
connection with the establishment of a Domestic Abuse Commissioner; to
prohibit cross-examination in person in family proceedings in certain
circumstances; to make provision about certain violent or sexual offences, and
offences involving other abusive behaviour, committed outside the United
Kingdom; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Part 1 Definition of “domestic abuse”

1 Definition of “domestic abuse”

(1) This section defines “domestic abuse” for the purposes of this Act.

(2) 5Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse”
if—

(a) A and B are each aged 16 or over and are personally connected to each
other, and

(b) the behaviour is abusive.

(3) 10Behaviour is “abusive” if it consists of any of the following—

(a) physical or sexual abuse;

(b) violent or threatening behaviour;

(c) controlling or coercive behaviour;

(d) economic abuse (see subsection (4));

(e) 15psychological, emotional or other abuse;

and it does not matter whether the behaviour consists of a single incident or a
course of conduct.

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(4) “Economic abuse” means any behaviour that has a substantial adverse effect
on B’s ability to—

(a) acquire, use or maintain money or other property, or

(b) obtain goods or services.

(5) 5For the purposes of this Act A’s behaviour may be behaviour “towards” B
despite the fact that it consists of conduct directed at another person (for
example, B’s child).

(6) References in this Act to being abusive towards another person are to be read
in accordance with this section.

(7) 10For the meaning of “personally connected”, see section 2.

2 Definition of “personally connected”

(1) For the purposes of this Act, two people are “personally connected” to each
other if any of the following applies—

(a) they are, or have been, married to each other;

(b) 15they are, or have been, civil partners of each other;

(c) they have agreed to marry one another (whether or not the agreement
has been terminated);

(d) they have entered into a civil partnership agreement (whether or not
the agreement has been terminated);

(e) 20they are, or have been, in an intimate personal relationship with each
other;

(f) they each have, or there has been a time when they each have had, a
parental relationship in relation to the same child (see subsection (2));

(g) they are relatives.

(2) 25For the purposes of subsection (1)(f) a person has a parental relationship in
relation to a child if—

(a) the person is a parent of the child, or

(b) the person has parental responsibility for the child.

(3) In this section—

  • 30“child” means a person under the age of 18 years;

  • “civil partnership agreement” has the meaning given by section 73 of the
    Civil Partnership Act 2004;

  • “parental responsibility” has the same meaning as in the Children Act
    1989 (see section 3 of that Act);

  • 35“relative” has the meaning given by section 63(1) of the Family Law Act
    1996.

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Part 2 The Domestic Abuse Commissioner

Domestic Abuse Commissioner

3 Appointment of Commissioner

(1) 5The Secretary of State must appoint a person as the Domestic Abuse
Commissioner (“the Commissioner”).

(2) The Commissioner is to hold and vacate office in accordance with the terms
and conditions of the Commissioner’s appointment.

(3) The Commissioner is not to be regarded as the servant or agent of the Crown
10or as enjoying any status, immunity or privilege of the Crown.

4 Funding

(1) The Secretary of State may make payments to the Commissioner out of money
provided by Parliament for the purpose of enabling the Commissioner to meet
expenditure incurred in the exercise of the Commissioner’s functions.

(2) 15Payments are to be made at such times, and subject to any such conditions, as
the Secretary of State considers appropriate.

(3) The Secretary of State may pay, or make provision for paying, to or in respect
of the Commissioner—

(a) remuneration;

(b) 20allowances;

(c) sums by way of or in respect of pensions.

5 Staff etc

(1) The Secretary of State must provide the Commissioner with—

(a) such staff, and

(b) 25such accommodation, equipment and other facilities,

as the Secretary of State considers necessary for the carrying out of the
Commissioner’s functions.

(2) Before providing any staff, the Secretary of State must—

(a) consult the Commissioner, and

(b) 30obtain the Commissioner’s approval as to the persons to be provided as
staff.

(3) The Secretary of State must consult the Commissioner before providing any
accommodation, equipment or other facilities.

Functions of Commissioner

6 35General functions of Commissioner

(1) The Commissioner must encourage good practice in—

(a) the prevention of domestic abuse;

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(b) the prevention, detection, investigation and prosecution of offences
involving domestic abuse;

(c) the identification of—

(i) people who carry out domestic abuse;

(ii) 5victims of domestic abuse;

(iii) children affected by domestic abuse;

(d) the provision of protection and support to people affected by domestic
abuse.

(2) The things that the Commissioner may do in pursuance of the general duty
10under subsection (1) include—

(a) assessing, monitoring, and publishing information about, the provision
of services to people affected by domestic abuse;

(b) making recommendations to any public authority about the exercise of
its functions;

(c) 15undertaking or supporting (financially or otherwise) the carrying out of
research;

(d) providing information, education or training;

(e) taking other steps to increase public awareness of domestic abuse;

(f) consulting public authorities, voluntary organisations and other
20persons;

(g) co-operating with, or working jointly with, public authorities,
voluntary organisations and other persons, whether in England and
Wales or outside the United Kingdom.

(3) Subject to subsection (4), the Commissioner may not do anything in pursuance
25of the general duty under subsection (1) that—

(a) relates to a devolved Welsh authority, or

(b) otherwise relates to Welsh devolved matters.

(4) Subsection (3) does not prevent the Commissioner from—

(a) doing anything falling within subsection (2)(c), (d) or (e), to the extent
30that the thing done does not relate to Welsh devolved matters;

(b) doing anything falling within subsection (2)(f) or (g);

(c) disclosing information to a devolved Welsh authority, or information
which relates to Welsh devolved matters, under section 16.

(5) For the purposes of this section something relates to Welsh devolved matters
35so far as it relates to—

(a) any matter provision about which would be within the legislative
competence of Senedd Cymru if it were contained in an Act of Senedd
Cymru, or

(b) (so far as it is not within paragraph (a)), any matter functions with
40respect to which are exercisable by the Welsh Ministers, the First
Minister for Wales, the Counsel General to the Welsh Government or
the Senedd Commission.

(6) In this section—

  • “devolved Welsh authority” has the meaning given by section 157A of the
    45Government of Wales Act 2006;

  • “public authority” means any public authority within the meaning of
    section 6 of the Human Rights Act 1998, other than a court or tribunal.

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7 Reports

(1) The Commissioner may report to the Secretary of State on any matter relating
to domestic abuse.

(2) The Commissioner must publish every report made under this section.

(3) 5Before publishing a report under this section, the Commissioner must send a
draft of the report to the Secretary of State.

(4) The Secretary of State may direct the Commissioner to omit material from any
report under this section before publication if the Secretary of State thinks the
publication of that material—

(a) 10might jeopardise the safety of any person, or

(b) might prejudice the investigation or prosecution of an offence.

(5) The Secretary of State must consult the Commissioner before making any
direction under subsection (4).

(6) The Commissioner must arrange for a copy of any report published under this
15section to be laid before Parliament.

8 Advice and assistance

(1) The Commissioner may provide the Secretary of State with any advice or
assistance that the Secretary of State may request.

(2) The Commissioner may, at the request of any other person, provide the person
20with advice or assistance relating to the exercise of any of the person’s
functions, or the carrying out of any activities by the person, in relation to
people affected by domestic abuse.

(3) The Commissioner may charge a person for providing the person with advice
or assistance under subsection (2).

(4) 25The Commissioner must publish any advice given to a person under
subsection (2).

(5) Before publishing any advice given under this section, the Commissioner must
send a draft of what is proposed to be published to the Secretary of State.

(6) The Secretary of State may direct the Commissioner to omit anything
30contained in the advice before publication if the Secretary of State thinks the
publication of that material—

(a) might jeopardise the safety of any person, or

(b) might prejudice the investigation or prosecution of an offence.

(7) The Secretary of State must consult the Commissioner before making any
35direction under subsection (6).

9 Incidental powers

(1) The Commissioner may do anything which the Commissioner considers will
facilitate, or is incidental or conducive to, the carrying out of the
Commissioner’s functions.

(2) 40But the Commissioner may not borrow money.

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Framework document

10 Framework document

(1) The Secretary of State must issue a document (a “framework document”) that
deals with matters relating to the Commissioner.

(2) 5The matters that may be dealt with by a framework document include (among
other things)—

(a) matters relating to governance, funding and staffing;

(b) matters relating to the exercise of functions of the Commissioner;

(c) matters relating to scrutiny of the Commissioner’s activities by
10Parliament or by Senedd Cymru.

(3) The Commissioner must have regard to the framework document when
exercising any of the Commissioner’s functions.

(4) The Secretary of State must have regard to the framework document when
exercising any functions in relation to the Commissioner.

(5) 15The Secretary of State—

(a) must keep the framework document under review, and

(b) may issue a revised framework document.

(6) The Secretary of State—

(a) must consult the Commissioner in preparing or revising a framework
20document, and

(b) may not issue a framework document without the agreement of the
Commissioner.

(7) The Secretary of State must consult the Welsh Ministers before issuing—

(a) the first framework document under this section, or

(b) 25any other framework document which is, in the opinion of the
Secretary of State, significantly different from the framework document
it replaces.

(8) The Secretary of State must—

(a) arrange for any framework document issued under this section to be
30published in the manner which the Secretary of State considers
appropriate,

(b) send a copy of the framework document to the Welsh Ministers, and

(c) lay a copy of the framework document before Parliament.

(9) The Welsh Ministers must lay before Senedd Cymru a copy of any framework
35document sent to them under subsection (8)(b).

Advisory Board

11 Advisory Board

(1) The Commissioner must establish an Advisory Board (“the Board”) for the
purposes of providing advice to the Commissioner about the exercise of the
40Commissioner’s functions.

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(2) The Board is to consist of not fewer than six and not more than ten members
appointed by the Commissioner.

(3) Each member of the Board is to hold and vacate office in accordance with the
terms and conditions of the member’s appointment.

(4) 5The members of the Board must include—

(a) at least one person appearing to the Commissioner to represent the
interests of victims of domestic abuse;

(b) at least one person appearing to the Commissioner to represent the
interests of charities and other voluntary organisations that work with
10victims of domestic abuse in England;

(c) at least one person appearing to the Commissioner to represent the
interests of persons who provide, or have functions relating to, health
care services in England;

(d) at least one person appearing to the Commissioner to represent the
15interests of persons who provide, or have functions relating to, social
care services in England;

(e) at least one person appearing to the Commissioner to represent the
interests of persons with functions relating to policing or criminal
justice;

(f) 20at least one person appearing to the Commissioner to have academic
expertise in relation to domestic abuse.

(5) The Commissioner may pay such remuneration or allowances to members of
the Board as the Commissioner may determine.

(6) In this section—

  • 25“health care services” means services relating to health care (within the
    meaning of section 9 of the Health and Social Care Act 2008);

  • “social care services” means services relating to social care (within the
    meaning of that section).

Strategic plans and annual reports

12 30Strategic plans

(1) The Commissioner must, as soon as reasonably practicable after the
Commissioner’s appointment, prepare and publish a strategic plan.

(2) A strategic plan is a plan setting out how the Commissioner proposes to
exercise the Commissioner’s functions in the period to which the plan relates,
35which must be not less than one year and not more than three years.

(3) A strategic plan must in particular—

(a) state the Commissioner’s objectives and priorities for the period to
which the plan relates;

(b) state any matters on which the Commissioner proposes to report under
40section 7 during that period;

(c) state any other activities the Commissioner proposes to undertake
during that period in the exercise of the Commissioner’s functions.

(4) The Commissioner must, before the end of the period to which a strategic plan
relates (“the current period”)—

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(a) prepare a strategic plan for a period immediately following the current
period, and

(b) publish that plan.

(5) At any time during the period to which a strategic plan relates, the
5Commissioner—

(a) may revise the strategic plan, and

(b) must publish any revised plan.

(6) In preparing or revising a strategic plan, the Commissioner must consult—

(a) the Secretary of State,

(b) 10the Advisory Board established under section 11, and

(c) such other persons as the Commissioner considers appropriate.

(7) The Commissioner must arrange for a copy of any plan (or revised plan)
published under this section to be laid before Parliament.

13 Annual reports

(1) 15As soon as reasonably practicable after the end of each financial year, the
Commissioner must submit to the Secretary of State an annual report on the
exercise of the Commissioner’s functions during the year.

(2) The annual report must include—

(a) an assessment of the extent to which the Commissioner’s objectives and
20priorities have been met in that year;

(b) a statement of the matters on which the Commissioner has reported
under section 7 during the year;

(c) a statement of the other activities the Commissioner has undertaken
during the year in the exercise of the Commissioner’s functions.

(3) 25The Commissioner must arrange for a copy of every annual report under this
section to be laid before Parliament (but see subsection (4)).

(4) The Secretary of State may direct the Commissioner to omit material from any
report under this section before it is laid before Parliament if the Secretary of
State thinks the publication of that material—

(a) 30might jeopardise the safety of any person, or

(b) might prejudice the investigation or prosecution of an offence.

(5) The Secretary of State must consult the Commissioner before making any
direction under subsection (4).

(6) In this section “financial year” means—

(a) 35the period beginning with the day on which the first Domestic Abuse
Commissioner takes office and ending with the following 31 March,
and

(b) each successive period of 12 months.

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Duties of public authorities in relation to Commissioner

14 Duty to co-operate with Commissioner

(1) The Commissioner may request a specified public authority to co-operate with
the Commissioner in any way that the Commissioner considers necessary for
5the purposes of the Commissioner’s functions.

(2) A specified public authority must, so far as reasonably practicable, comply
with a request made to it under this section.

(3) In this section “specified public authority” means any of the following—

(a) a chief officer of police of a police force maintained for a police area in
10England and Wales;

(b) a local policing body;

(c) the Chief Constable of the British Transport Police Force;

(d) the British Transport Police Authority;

(e) the Ministry of Defence Police;

(f) 15an immigration officer or other official of the Secretary of State
exercising functions in relation to immigration or asylum;

(g) the Crown Prosecution Service;

(h) the Parole Board;

(i) the Criminal Cases Review Commission;

(j) 20an English local authority;

(k) an NHS body in England;

(l) Her Majesty’s Inspectors of Constabulary;

(m) Her Majesty’s Chief Inspector of the Crown Prosecution Service;

(n) Her Majesty’s Chief Inspector of Education, Children’s Services and
25Skills;

(o) a body approved as an independent inspectorate under section 106 of
the Education and Skills Act 2008 (inspection of registered independent
educational institutions);

(p) the Care Quality Commission;

(q) 30Monitor.

(4) The Secretary of State may by regulations amend this section so as to—

(a) add a public authority as a specified public authority for the purposes
of this section;

(b) remove a public authority added by virtue of paragraph (a);

(c) 35vary any description of a public authority.

(5) Before making regulations under subsection (4) the Secretary of State must
consult the Commissioner.

(6) Regulations under subsection (4) may not contain provision adding a devolved
Welsh authority as a specified public authority for the purposes of this section.

(7) 40In this section—

  • “devolved Welsh authority” has the meaning given by section 157A of the
    Government of Wales Act 2006;

  • “English local authority” means—

    (a)

    a county council or district council in England,

    (b)

    45a London borough council,

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    (c)

    the Greater London Authority,

    (d)

    the Common Council of the City of London, or

    (e)

    the Council of the Isles of Scilly;

  • “immigration officer” means a person appointed as an immigration
    5officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

  • NHS body in England” means—

    (a)

    a National Health Service trust in England established under
    section 25 of the National Health Service Act 2006,

    (b)

    an NHS foundation trust within the meaning given by section
    1030 of that Act,

    (c)

    the National Health Service Commissioning Board,

    (d)

    a clinical commissioning group established under section 14D
    of that Act, or

    (e)

    the National Health Service Trust Development Authority;

  • 15“public authority” means any public authority within the meaning of
    section 6 of the Human Rights Act 1998, other than a court or tribunal.

15 Duty to respond to Commissioner’s recommendations

(1) This section applies where the Commissioner publishes a report under section
7 containing recommendations in relation to—

(a) 20any public authority that is a specified public authority for the
purposes of section 14;

(b) any government department in the charge of a Minister.

(2) The relevant person must prepare comments on the report.

(3) In this section “the relevant person” means—

(a) 25the public authority, or

(b) the Minister in charge of the government department,

as the case may be.

(4) The comments must include, in respect of each recommendation made in the
report, an explanation of—

(a) 30the action which the relevant person has taken, or proposes to take, in
response to the recommendation, or

(b) why the relevant person has not taken, or does not propose to take, any
action in response.

(5) The relevant person must arrange for the comments to be published in such
35manner as the person considers appropriate.

(6) The comments must be published before the end of the period of 56 days
beginning with the day on which the report is published.

(7) The relevant person must send a copy of anything published under subsection
(5) to—

(a) 40the Commissioner, and

(b) where the relevant person is a specified public authority for the
purposes of section 14, the Secretary of State.

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Disclosure of information

16 Disclosure of information

(1) The Commissioner may disclose to a person any information received by the
Commissioner in connection with the Commissioner’s functions if the
5disclosure is made for a purpose connected with a function of the
Commissioner.

(2) A person may disclose any information to the Commissioner if the disclosure
is made for the purposes of enabling or assisting the Commissioner to exercise
any function.

(3) 10A disclosure of information authorised by this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure
in relation to that information, or

(b) any other restriction on the disclosure of information (however
imposed).

(4) 15But nothing in this Part requires or authorises any of the following—

(a) the disclosure of any patient information (see subsection (5));

(b) the making of a disclosure which, although made in the exercise of a
function under this Part, would contravene the data protection
legislation (see subsection (6));

(c) 20the making of a disclosure which is prohibited by any of Parts 1 to 7 or
Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(5) “Patient information” means information (however recorded) which—

(a) relates to—

(i) the physical or mental health or condition of an individual,

(ii) 25the diagnosis of an individual’s condition, or

(iii) an individual’s care or treatment,

or is (to any extent) derived directly or indirectly from information
relating to any of those matters, and

(b) identifies the individual or enables the individual to be identified
30(either by itself or in combination with other information).

(6) In this section “the data protection legislation” has the same meaning as in the
Data Protection Act 2018 (see section 3 of that Act).

(7) This section does not affect any power to disclose that exists apart from this
section.

35Miscellaneous and supplementary

17 Restriction on exercise of functions in individual cases

(1) The Commissioner may not exercise any function in relation to an individual
case.

(2) But subsection (1) does not prevent the Commissioner considering individual
40cases and drawing conclusions about them for the purpose of, or in the context
of, considering a general issue.

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18 Amendments relating to Commissioner

(1) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(offices disqualifying for membership), at the appropriate place insert—

  • “Domestic Abuse Commissioner.”

(2) 5In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general), at the appropriate place insert—

  • “The Domestic Abuse Commissioner.”

(3) In section 37 of the Government of Wales Act 2006 (power of the Senedd to call
witnesses etc), after subsection (6A) insert—

(6B) 10Subsection (1) applies in relation to things done by the Domestic Abuse
Commissioner by virtue of section 6(4)(b) or (c) of the Domestic Abuse
Act 2020 (functions exercisable in relation to devolved Welsh
authorities etc) as it applies in relation to the exercise by the Welsh
Ministers of their functions.”

15Part 3 Powers for dealing with domestic abuse

Domestic abuse protection notices

19 Power to give a domestic abuse protection notice

(1) A senior police officer may give a domestic abuse protection notice to a person
20(“P”) if conditions A and B are met.

(2) A domestic abuse protection notice is a notice prohibiting P from being abusive
towards a person aged 16 or over to whom P is personally connected.

(Section 20 contains further provision about the provision that may be made by
notices.)

(3) 25Condition A is that the senior police officer has reasonable grounds for
believing that P has been abusive towards a person aged 16 or over to whom P
is personally connected.

(4) Condition B is that the senior police officer has reasonable grounds for
believing that it is necessary to give the notice to protect that person from
30domestic abuse, or the risk of domestic abuse, carried out by P.

(5) It does not matter whether the abusive behaviour referred to in subsection (3)
took place in England and Wales or elsewhere.

(6) A domestic abuse protection notice may not be given to a person who is under
the age of 18.

(7) 35A domestic abuse protection notice has effect in all parts of the United
Kingdom.

(8) In this Part—

  • “senior police officer” means a member of a relevant police force who is a
    constable of at least the rank of inspector;

  • 40“relevant police force” means—

    (a)

    a force maintained by a local policing body;

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    (b)

    the British Transport Police Force;

    (c)

    the Ministry of Defence Police.

20 Provision that may be made by notices

(1) A domestic abuse protection notice may provide that the person to whom the
5notice is given (“P”)—

(a) may not contact the person for whose protection the notice is given;

(b) may not come within a specified distance of any premises in England
or Wales in which that person lives.

“Specified” means specified in the notice.

(2) 10If P lives in premises in England or Wales in which the person for whose
protection the notice is given also lives, the notice may also contain provision—

(a) prohibiting P from evicting or excluding that person from the premises;

(b) prohibiting P from entering the premises;

(c) requiring P to leave the premises.

21 15Matters to be considered before giving a notice

(1) Before giving a domestic abuse protection notice to a person (“P”), a senior
police officer must, among other things, consider the following—

(a) the welfare of any person under the age of 18 whose interests the officer
considers relevant to the giving of the notice (whether or not that
20person and P are personally connected);

(b) the opinion of the person for whose protection the notice would be
given as to the giving of the notice;

(c) any representations made by P about the giving of the notice;

(d) in a case where the notice includes provision relating to premises lived
25in by the person for whose protection the notice would be given, the
opinion of any relevant occupant as to the giving of the notice.

(2) In subsection (1)(d) “relevant occupant” means a person other than P or the
person for whose protection the notice would be given—

(a) who lives in the premises, and

(b) 30who is personally connected to—

(i) the person for whose protection the notice would be given, or

(ii) if P also lives in the premises, P.

(3) The officer must take reasonable steps to discover the opinions mentioned in
subsection (1).

(4) 35It is not necessary for the person for whose protection a domestic abuse
protection notice is given to consent to the giving of the notice.

22 Further requirements in relation to notices

(1) A domestic abuse protection notice must be in writing.

(2) A domestic abuse protection notice given to a person (“P”) must state—

(a) 40the grounds on which it has been given,

(b) that a constable may arrest P without warrant if the constable has
reasonable grounds for believing that P is in breach of the notice,

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(c) that an application for a domestic abuse protection order under section
25 will be heard by a magistrates’ court within 48 hours of the time of
giving the notice (disregarding any days mentioned in section 26(3))
and a notice of the hearing will be given to P,

(d) 5that the notice continues in effect until that application has been
determined or withdrawn, and

(e) the provision that a magistrates’ court may include in a domestic abuse
protection order.

(3) The notice must be served on P personally by a constable.

(4) 10On serving the notice on P, the constable must ask P for an address at which P
may be given the notice of the hearing of the application for the domestic abuse
protection order.

(5) Subsection (6) applies where—

(a) a senior police officer gives a domestic abuse protection notice to a
15person (“P”) who the officer believes is a person subject to service law
in accordance with sections 367 to 369 of the Armed Forces Act 2006,

(b) the notice includes provision by virtue of section 20(2) prohibiting P
from entering premises, or requiring P to leave premises, and

(c) the officer believes that the premises are relevant service
20accommodation.

(6) The officer must make reasonable efforts to inform P’s commanding officer of
the giving of the notice.

(7) In this section—

  • “commanding officer” has the meaning given by section 360 of the Armed
    25Forces Act 2006;

  • “relevant service accommodation” means premises which fall within
    paragraph (a) of the definition of “service living accommodation” in
    section 96(1) of that Act.

23 Breach of notice

(1) 30If a constable has reasonable grounds for believing that a person is in breach of
a domestic abuse protection notice, the constable may arrest the person
without warrant.

(2) A person arrested by virtue of subsection (1) must be held in custody and
brought before the appropriate magistrates’ court—

(a) 35before the end of the period of 24 hours beginning with the time of the
arrest, or

(b) if earlier, at the hearing of the application for a domestic abuse
protection order against the person (see section 25(3)).

(3) In subsection (2) “the appropriate magistrates’ court” means the magistrates’
40court which is to hear the application mentioned in subsection (2)(b).

(4) In calculating when the period of 24 hours mentioned in subsection (2)(a) ends,
the following days are to be disregarded—

(a) any Sunday,

(b) Christmas Day,

(c) 45Good Friday, and

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(d) any day which is a bank holiday in England and Wales under the
Banking and Financial Dealings Act 1971.

(5) If the person is brought before the court as mentioned in subsection (2)(a), the
court may remand the person.

5(For power to remand a person brought before the court as mentioned in
subsection (2)(b), see section 26(8).)

(6) In the application of section 128(6) of the Magistrates’ Courts Act 1980 to
remand under subsection (5) above, the reference to the “other party” is to be
read as a reference to the senior police officer who gave the notice.

(7) 10The court may, when remanding the person on bail, require the person to
comply, before release on bail or later, with any requirements that appear to
the court to be necessary to secure that the person does not interfere with
witnesses or otherwise obstruct the course of justice.

(8) Sections 57A(2) and 57C of the Crime and Disorder Act 1998 (use of live link at
15preliminary hearings where accused is at police station) apply in relation to
hearings arising by virtue of subsection (2)(a) as they apply in relation to
preliminary hearings in a magistrates’ court (within the meaning of section
57A(3) of that Act), but as if—

(a) any reference in section 57C of that Act to being in police detention in
20connection with an offence were a reference to being held in custody
under subsection (2) above, and

(b) subsections (4), (10) and (11) of that section were omitted.

(9) In section 17(1) of the Police and Criminal Evidence Act 1984 (entry for purpose
of arrest etc), after paragraph (c) insert—

(cza) 25of arresting a person who the constable has reasonable grounds
for believing is in breach of a domestic abuse protection notice
given under section 19 of the Domestic Abuse Act 2020;”.

Domestic abuse protection orders