Domestic Abuse Bill (HL Bill 124)
Part 2 continued
Domestic Abuse BillPage 10
(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)vary any description of a public authority.
(5)5Before 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)In this section—
-
10“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)a London borough council,
(c)15the Greater London Authority,
(d)the Common Council of the City of London in its capacity as a
local authority, or(e)the Council of the Isles of Scilly;
-
“immigration officer” means a person appointed as an immigration
20officer 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
2530 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;
-
30“public authority” means any public authority within the meaning of
section 6 of the Human Rights Act 1998, other than a court or tribunal.
16 Duty to respond to Commissioner’s recommendations
(1)This section applies where the Commissioner publishes a report under section
8 containing recommendations in relation to—
(a)35any public authority that is a specified public authority for the
purposes of section 15;
(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)40the 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—
Domestic Abuse BillPage 11
(a)the 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)5The relevant person must arrange for the comments to be published in such
manner 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
10(5) to—
(a)the Commissioner, and
(b)where the relevant person is a specified public authority for the
purposes of section 15, the Secretary of State.
Disclosure of information
17 15Disclosure 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
disclosure is made for a purpose connected with a function of the
Commissioner.
(2)20A 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)A disclosure of information authorised by this section does not breach—
(a)any obligation of confidence owed by the person making the disclosure
25in relation to that information, or
(b)any other restriction on the disclosure of information (however
imposed).
(4)But nothing in this Part requires or authorises any of the following—
(a)the disclosure of any patient information (see subsection (5));
(b)30the 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)the 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)35“Patient information” means information (however recorded) which—
(a)relates to—
(i)the physical or mental health or condition of an individual,
(ii)the diagnosis of an individual’s condition, or
(iii)an individual’s care or treatment,
40or 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
(either by itself or in combination with other information).
Domestic Abuse BillPage 12
(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.
5Miscellaneous and supplementary
18 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
10cases and drawing conclusions about them for the purpose of, or in the context
of, considering a general issue.
19 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—
-
15“Domestic Abuse Commissioner.”
(2)In 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
20witnesses etc), after subsection (6A) insert—
“(6B)Subsection (1) applies in relation to things done by the Domestic Abuse
Commissioner by virtue of section 7(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
25Ministers of their functions.”
Part 3 Powers for dealing with domestic abuse
Domestic abuse protection notices
20 Power to give a domestic abuse protection notice
(1)30A senior police officer may give a domestic abuse protection notice to a person
(“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 21 contains further provision about the provision that may be made by
35notices.)
(3)Condition 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.
Domestic Abuse BillPage 13
(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
domestic 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)
5took 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)A domestic abuse protection notice has effect in all parts of the United
Kingdom.
(8)10In this Part—
-
“senior police officer” means a member of a relevant police force who is a
constable of at least the rank of inspector;
-
“relevant police force” means—
(a)a force maintained by a local policing body;
(b)15the British Transport Police Force;
(c)the Ministry of Defence Police.
21 Provision that may be made by notices
(1)A domestic abuse protection notice may provide that the person to whom the
notice is given (“P”)—
(a)20may 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)If P lives in premises in England or Wales in which the person for whose
25protection 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.
22 Matters to be considered before giving a notice
(1)30Before 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
person and P are personally connected);
(b)35the 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
in by the person for whose protection the notice would be given, the
40opinion 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)who is personally connected to—
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(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)5It is not necessary for the person for whose protection a domestic abuse
protection notice is given to consent to the giving of the notice.
23 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)10the 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,
(c)that an application for a domestic abuse protection order under section
26 will be heard by a magistrates’ court within 48 hours of the time of
15giving the notice (disregarding any days mentioned in section 27(3))
and a notice of the hearing will be given to P,
(d)that 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
20protection order.
(3)The notice must be served on P personally by a constable.
(4)On 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)25Subsection (6) applies where—
(a)a senior police officer gives a domestic abuse protection notice to a
person (“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 21(2) prohibiting P
30from entering premises, or requiring P to leave premises, and
(c)the officer believes that the premises are relevant service
accommodation.
(6)The officer must make reasonable efforts to inform P’s commanding officer of
the giving of the notice.
(7)35In this section—
-
“commanding officer” has the meaning given by section 360 of the Armed
Forces Act 2006;
-
“relevant service accommodation” means premises which fall within
paragraph (a) of the definition of “service living accommodation” in
40section 96(1) of that Act.
24 Breach of notice
(1)If 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.
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(2)A person arrested by virtue of subsection (1) must be held in custody and
brought before the appropriate magistrates’ court—
(a)before the end of the period of 24 hours beginning with the time of the
arrest, or
(b)5if earlier, at the hearing of the application for a domestic abuse
protection order against the person (see section 26(3)).
(3)In subsection (2) “the appropriate magistrates’ court” means the magistrates’
court 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,
10the following days are to be disregarded—
(a)any Sunday,
(b)Christmas Day,
(c)Good Friday, and
(d)any day which is a bank holiday in England and Wales under the
15Banking 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.
(For power to remand a person brought before the court as mentioned in
subsection (2)(b), see section 27(8).)
(6)20In 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)The 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
25the 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
preliminary 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
30preliminary 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
connection with an offence were a reference to being held in custody
under subsection (2) above, and
(b)35subsections (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)of arresting a person who the constable has reasonable grounds
for believing is in breach of a domestic abuse protection notice
40given under section 20 of the Domestic Abuse Act 2020;”.
Domestic abuse protection orders
25 Meaning of “domestic abuse protection order”
(1)In this Part a “domestic abuse protection order” is an order which, for the
purpose of preventing a person (“P”) from being abusive towards a person
45aged 16 or over to whom P is personally connected—
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(a)prohibits P from doing things described in the order, or
(b)requires P to do things described in the order.
(2)A domestic abuse protection order may be made—
(a)on application (see section 26), or
(b)5in the course of certain proceedings (see section 29).
(3)Section 30 sets out the conditions for making a domestic abuse protection
order.
26 Domestic abuse protection orders on application
(1)A court may make a domestic abuse protection order under this section against
10a person (“P”) on an application made to it in accordance with this section.
(2)An application for an order under this section may be made by—
(a)the person for whose protection the order is sought;
(b)the appropriate chief officer of police (see subsection (4));
(c)a person specified in regulations made by the Secretary of State;
(d)15any other person with the leave of the court to which the application is
to be made.
(3)Where P is given a domestic abuse protection notice by a member of a relevant
police force under section 20, the chief officer of police in relation to that force
must apply for a domestic abuse protection order against P.
20(For further provision about such applications, see section 27.)
(4)The appropriate chief officer of police is—
(a)in a case where subsection (3) applies, the chief officer of police referred
to in that subsection;
(b)in any other case, any of the following—
(i)25the chief officer of police of the force maintained for any police
area in which P resides;
(ii)the 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;
(iii)30the Chief Constable of the British Transport Police Force;
(iv)the Chief Constable of the Ministry of Defence Police.
(5)An application for an order under this section must be made to the family
court, except where subsection (6) or (7) applies.
(6)An application made by a chief officer of police for an order under this section
35must be made by complaint to a magistrates’ court.
(7)In a case where—
(a)P, and the person for whose protection the order is sought, are parties
to any family or civil proceedings, and
(b)the court would have power to make a domestic abuse protection order
40under section 29 in those proceedings without an application being
made,
an application for an order under this section may be made in those
proceedings by the person for whose protection the order is sought.
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(8)Where an application is made to a magistrates’ court in accordance with this
section—
(a)the magistrates’ court may adjourn the hearing of the application;
(b)on the hearing of the application, section 97 of the Magistrates’ Courts
5Act 1980 (summons to witness and warrant for arrest) does not apply
in relation to the person for whose protection the order is sought,
except where the person has given oral or written evidence at the
hearing.
27 Applications where domestic abuse protection notice has been given
(1)10This section applies where, as a result of a person (“P”) being given a domestic
abuse protection notice under section 20, a chief officer of police is required by
section 26(3) to apply for a domestic abuse protection order against P.
(2)The application must be heard by the magistrates’ court not later than 48 hours
after the notice was given to P.
(3)15In calculating when the period of 48 hours mentioned in subsection (2) ends,
the following days are to be disregarded—
(a)any Sunday,
(b)Christmas Day,
(c)Good Friday, and
(d)20any day which is a bank holiday in England and Wales under the
Banking and Financial Dealings Act 1971.
(4)P must be given a notice of the hearing of the application.
(5)The notice under subsection (4) is to be treated as having been given if it has
been left at the address given by P under section 23(4).
(6)25But if the notice has not been given because P did not give an address under
section 23(4), the court may hear the application if satisfied that the chief officer
of police has made reasonable efforts to give P the notice.
(7)If the court adjourns the hearing of the application, the domestic abuse
protection notice continues in effect until the application has been determined
30or withdrawn.
(8)If—
(a)P is brought before the court at the hearing of the application as a result
of P’s arrest by virtue of section 24(1) (arrest for breach of domestic
abuse protection notice), and
(b)35the court adjourns the hearing,
the court may remand P.
28 Remand under section 27(8) of person arrested for breach of notice
(1)This section applies where—
(a)as a result of a person being given a domestic abuse protection notice
40under section 20, a chief officer of police has applied for a domestic
abuse protection order against the person, and
(b)the magistrates’ court remands the person under section 27(8).
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(2)In the application of section 128(6) of the Magistrates’ Courts Act 1980 to such
remand, the reference to the “other party” is to be read as a reference to the
chief officer of police who applied for the order.
(3)If the court has reason to suspect that a medical report will be required, the
5power to remand the person may be exercised for the purpose of enabling a
medical examination to take place and a report to be made.
(4)If the person is remanded in custody for that purpose, the adjournment may
not be for more than 3 weeks at a time.
(5)If the person is remanded on bail for that purpose, the adjournment may not
10be for more than 4 weeks at a time.
(6)If the court has reason to suspect that the person is suffering from mental
disorder within the meaning of the Mental Health Act 1983, the court has the
same power to make an order under section 35 of that Act (remand to hospital
for report on accused’s mental condition) as it has under that section in the case
15of an accused person (within the meaning of that section).
(7)The 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.
29 20Domestic abuse protection orders otherwise than on application
(1)A court may make a domestic abuse protection order under this section in any
of the cases set out below.
Family proceedings
(2)The High Court or the family court may make a domestic abuse protection
25order against a person (“P”) in any family proceedings to which both P and the
person for whose protection the order would be made are parties.
Criminal proceedings
(3)Where a person (“P”) has been convicted of an offence, the court dealing with
P for that offence may (as well as sentencing P or dealing with P in any other
30way) make a domestic abuse protection order against P.
(4)But subsection (3) does not apply where the Court of Appeal is dealing with a
person for an offence.
(5)A court by or before which a person is acquitted of an offence may make a
domestic abuse protection order against the person.
(6)35Where the Crown Court allows a person’s appeal against a conviction for an
offence, the Crown Court may make a domestic abuse protection order against
the person.
Civil proceedings
(7)The county court may make a domestic abuse protection order against a person
40(“P”) in any relevant proceedings to which both P and the person for whose
protection the order would be made are parties.
(8)In subsection (7) “relevant proceedings” means proceedings of a description
specified in regulations made by the Secretary of State.
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30 Conditions for making an order
(1)The court may make a domestic abuse protection order under section 26 or 29
against a person (“P”) if conditions A and B are met.
(2)Condition A is that the court is satisfied on the balance of probabilities that P
5has been abusive towards a person aged 16 or over to whom P is personally
connected.
(3)Condition B is that the order is necessary and proportionate to protect that
person from domestic abuse, or the risk of domestic abuse, carried out by P.
(4)It does not matter—
(a)10whether the abusive behaviour referred to in subsection (2) took place
in England and Wales or elsewhere, or
(b)whether it took place before or after the coming into force of this
section.
(5)A domestic abuse protection order may not be made against a person who is
15under the age of 18.
31 Matters to be considered before making an order
(1)Before making a domestic abuse protection order against a person (“P”), the
court must, among other things, consider the following—
(a)the welfare of any person under the age of 18 whose interests the court
20considers relevant to the making of the order (whether or not that
person and P are personally connected);
(b)any opinion of the person for whose protection the order would be
made—
(i)which relates to the making of the order, and
(ii)25of which the court is made aware;
(c)in a case where the order includes provision relating to premises lived
in by the person for whose protection the order would be made, any
opinion of a relevant occupant—
(i)which relates to the making of the order, and
(ii)30of which the court is made aware.
(2)In subsection (1)(c) “relevant occupant” means a person other than P or the
person for whose protection the order would be made—
(a)who lives in the premises, and
(b)who is personally connected to—
(i)35the person for whose protection the order would be made, or
(ii)if P also lives in the premises, P.
(3)It is not necessary for the person for whose protection a domestic abuse
protection order is made to consent to the making of the order.
32 Making of orders without notice
(1)40A court may, in any case where it is just and convenient to do so, make a
domestic abuse protection order against a person (“P”) even though P has not
been given such notice of the proceedings as would otherwise be required by
rules of court.