Domestic Abuse Bill (HL Bill 124)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, have been ordered to be
published as HL Bill 124—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Baroness Williams of Trafford 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
Convention rights.

Contents

  1. Part 1

    Definition of “domestic abuse”

    1. 1.Definition of “domestic abuse”

    2. 2.Definition of “personally connected”

    3. 3.Children as victims of domestic abuse

  2. Part 2

    The Domestic Abuse Commissioner

    1. Domestic Abuse Commissioner

      1. 4.Appointment of Commissioner

      2. 5.Funding

      3. 6.Staff etc

    2. Functions of Commissioner

      1. 7.General functions of Commissioner

      2. 8.Reports

      3. 9.Advice and assistance

      4. 10.Incidental powers

    3. Framework document

      1. 11.Framework document

    4. Advisory Board

      1. 12.Advisory Board

    5. Strategic plans and annual reports

      1. 13.Strategic plans

      2. 14.Annual reports

    6. Duties of public authorities in relation to Commissioner

      1. 15.Duty to co-operate with Commissioner

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

    7. Disclosure of information

      1. 17.Disclosure of information

    8. Miscellaneous and supplementary

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

      2. 19.Amendments relating to Commissioner

  3. Part 3

    Powers for dealing with domestic abuse

    1. Domestic abuse protection notices

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

      2. 21.Provision that may be made by notices

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

      4. 23.Further requirements in relation to notices

      5. 24.Breach of notice

    2. Domestic abuse protection orders

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

      2. 26.Domestic abuse protection orders on application

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

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

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

      6. 30.Conditions for making an order

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

      8. 32.Making of orders without notice

      9. 33.Provision that may be made by orders

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

      11. 35.Further provision about electronic monitoring requirements

      12. 36.Duration and geographical application of orders

      13. 37.Breach of order

      14. 38.Arrest for breach of order

      15. 39.Notification requirements

      16. 40.Further provision about notification under section

      17. 41.Offences relating to notification

      18. 42.Variation and discharge of orders

      19. 43.Variation and discharge: supplementary

      20. 44.Appeals

      21. 45.Further provision about appeals

      22. 46.Nature of certain proceedings under this Part

      23. 47.Special measures for witnesses

    3. Notices and orders: supplementary

      1. 48.Guidance

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

      3. 50.Powers to make other orders in proceedings under this Part

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

      5. 52.Consequential amendments of the Sentencing Code

      6. 53.Repeal of provisions about domestic violence protection notices and orders

      7. 54.Interpretation of Part 3

  4. Part 4

    Local authority support

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

    2. 56.Domestic abuse local partnership boards

    3. 57.Annual reports

    4. 58.Guidance

    5. 59.Interpretation of Part 4

  5. Part 5

    Protection for victims and witnesses in court

    1. Special measures

      1. 60.Special measures in criminal proceedings for offences involving domestic abuse

      2. 61.Special measures in family proceedings: victims of domestic abuse

      3. 62.Special measures in civil proceedings: victims of specified offences

    2. Prohibition of cross-examination in person

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

      2. 64.Prohibition of cross-examination in person in civil proceedings

  6. Part 6

    Offences involving violent or abusive behaviour

    1. Offences against the person

      1. 65.Consent to serious harm for sexual gratification not a defence

    2. Offences committed outside the UK

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

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

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

  7. Part 7

    Miscellaneous and general

    1. Management of offenders

    2. 69.Polygraph conditions for offenders released on licence

    3. Disclosure of information by police

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

    4. Homelessness

      1. 71.Homelessness: victims of domestic abuse

    5. Secure tenancies

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

    6. Guidance

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

    7. Powers to make consequential or transitional provision, etc

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

      2. 75.Power to make transitional or saving provision

    8. Final provisions

      1. 76.Regulations

      2. 77.Financial provision

      3. 78.Extent

      4. 79.Commencement

      5. 80.Short title

    1. Schedule 1

      Further provision about remand under section 38

    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