Domestic Abuse Bill (HL Bill 124)
Part 3 continued
Domestic Abuse BillPage 30
(5)A person listed in subsection (6) may appeal against any decision of a court
under section 42 in relation to a domestic abuse protection order (to the extent
it would not otherwise be so appealable, whether under subsection (4) or
otherwise).
(6)5The persons referred to in subsection (5) are—
(a)the person for whose protection the order was made;
(b)the person against whom the order was made (“P”);
(c)where the order was made under section 26, the person who applied for
the order;
(d)10the chief officer of police of the force maintained for any police area in
which P resides;
(e)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.
(7)An appeal arising by virtue of subsection (1) or (5)—
(a)15in the case of a decision made by a magistrates’ court, is to be made to
the Crown Court;
(b)in the case of a decision made by the Crown Court, is to be made to the
Court of Appeal.
For the powers of the Crown Court or Court of Appeal on such an appeal, see
20section 45(4).
(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
25a 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
30Court),
(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)35section 50(1) of the Criminal Appeal Act 1968 (appeals against orders
made on conviction in the Crown Court), and
(f)rules of court.
45 Further provision about appeals
(1)Before determining any appeal relating to a domestic abuse protection order
40(whether or not an appeal under section 44), 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,
45that 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
Domestic Abuse BillPage 31
case of an appeal against the decision of a court not to make an order
under section 26) against whom it was sought, resides;
(c)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.
(3)5Subsection (4) applies to—
(a)an appeal made to the Crown Court by virtue of section 44(7)(a);
(b)an appeal made to the Court of Appeal by virtue of section 44(7)(b).
(4)On an appeal to which this subsection applies, the court may, on a review of
the decision appealed against—
(a)10confirm, 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
ruling;
(c)make any order which the court that made the decision appealed
15against could have made;
(d)make any incidental or consequential orders that appear to it to be just.
(5)For the purposes of section 43 (variation and discharge: supplementary)—
(a)a domestic abuse protection order that has been confirmed or varied on
an appeal (whether under subsection (4)(a) or otherwise) remains an
20order of the court that first made it, and
(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.
46 Nature of certain proceedings under this Part
(1)25Proceedings before a court arising by virtue of section 29(3), (5) or (6), and
proceedings before a court arising by virtue of section 42(2)(b) in any case
within section 29(3), (5) or (6), are civil proceedings (like proceedings before a
magistrates’ court under section 26 or 42(2)(a)).
(2)The court is not restricted in the proceedings to considering evidence that
30would 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 29(3), (5) or
(6), or any proceedings arising by virtue of section 42(2)(b) in any case within
section 29(3), (5) or (6), even after sentencing or acquitting the person
35concerned 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 or absolutely in spite of anything in
sections 79, 80 and 82 of the Sentencing Code (which relate to orders
discharging a person conditionally or absolutely and their effect).
47 40Special 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 Part as it applies to criminal
proceedings, but with—
Domestic Abuse BillPage 32
(a)the 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)5The provisions are—
(a)section 17(4) to (7);
(b)section 21(4C)(e);
(c)section 22A;
(d)section 32.
(3)10Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act
apply to relevant proceedings under this Part—
(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)
15applies with any necessary modifications—
(a)to 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 Part” means—
(a)20proceedings under section 26, 29(2) or (7), 38 or 42(2)(a);
(b)proceedings arising by virtue of section 29(3), (5) or (6);
(c)proceedings arising by virtue of section 42(2)(b) in any case within
section 29(3), (5) or (6);
(d)proceedings on an appeal relating to a domestic abuse protection order
25(whether or not an appeal under section 44).
Notices and orders: supplementary
48 Guidance
(1)The Secretary of State must issue guidance relating to the exercise by relevant
persons of functions under or by virtue of this Part.
(2)30In this section “relevant person” means—
(a)a constable;
(b)a person specified in regulations under subsection (2)(c) of section 26
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
35when 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)40the Domestic Abuse Commissioner, and
(b)such other persons as the Secretary of State considers appropriate.
Domestic Abuse BillPage 33
(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)The Secretary of State must publish—
(a)5any guidance issued under this section, and
(b)any revisions of that guidance.
49 Data from electronic monitoring: code of practice
(1)The Secretary of State must issue a code of practice relating to the processing
of data gathered in the course of electronic monitoring of individuals under
10electronic 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.
50 Powers to make other orders in proceedings under this Part
(1)15In 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)Part 3 of the Domestic Abuse Act 2020, where the proceedings
are in the family court or the Family Division of the High
Court.”
(2)20In 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)Part 3 of the Domestic Abuse Act 2020, where the proceedings
are in the family court or the Family Division of the High
Court.”
51 25Proceedings 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)proceedings under Part 3 of the Domestic Abuse Act 2020
30(proceedings for domestic abuse protection order), where the
proceedings are in the family court or the Family Division of the
High Court;”.
52 Consequential amendments of the Sentencing Code
(1)The Sentencing Code is amended as follows.
(2)35In section 80 (order for conditional discharge), in subsection (3), at the end
insert—
“(f)section 37(6) (breach of domestic abuse protection order).”
(3)In Chapter 6 of Part 11 (other behaviour orders), before section 379 (but after
Domestic Abuse BillPage 34
the heading “Other orders”) insert—
“378A Domestic abuse protection orders
See Part 3 of the Domestic Abuse Act 2020 (and in particular section
29(3) of that Act) for the power of a court to make a domestic abuse
5protection order when dealing with an offender for an offence.”
53 Repeal of provisions about domestic violence protection notices and orders
(1)In 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)10In consequence of the repeal made by subsection (1), omit the following
provisions—
(a)in 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).
54 Interpretation of Part 3
(1)15In this Part—
-
“chief officer of police” means—
(a)in 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
20Constable of the Force;(c)in relation to the Ministry of Defence Police, the Chief Constable
of the Ministry of Defence Police;
-
“domestic abuse protection notice” has the meaning given by section
20(2);
-
25“domestic abuse protection order” has the meaning given by section 25(1);
-
“electronic monitoring requirement” has the meaning given by section
33(6);
-
“family proceedings” means—
(a)proceedings in the family court (other than proceedings under
30or by virtue of this Part), and(b)family proceedings within the meaning of Part 5 of the
Matrimonial 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
35Kingdom, or(b)if the person has no such residence—
(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
40location of whichever one of those places the person
selects;
-
“relevant police force” has the meaning given by section 20(8);
-
“requirement”, in relation to a domestic abuse protection order, is to be
read in accordance with section 33(1);
-
45“senior police officer” has the meaning given by section 20(8).
Domestic Abuse BillPage 35
(2)Any 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
5where—
(a)a 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)10section 2 (definition of “personally connected”).
Part 4 Local authority support
55 Support provided by local authorities to victims of domestic abuse
(1)Each relevant local authority in England must—
(a)15assess, or make arrangements for the assessment of, the need for
domestic abuse support in its area,
(b)prepare and publish a strategy for the provision of such support in its
area, and
(c)monitor and evaluate the effectiveness of the strategy.
(2)20For the purposes of subsection (1)—
-
“domestic abuse support” means support, in relation to domestic abuse,
provided to victims of domestic abuse, or their children, who reside in
relevant accommodation;
-
“relevant accommodation” means accommodation of a description
25specified by the Secretary of State in regulations.
(3)A relevant local authority that publishes a strategy under this section must, in
carrying out its functions, give effect to the strategy.
(4)Before publishing a strategy under this section, a relevant local authority must
consult—
(a)30the domestic abuse local partnership board appointed by the relevant
local authority under section 56,
(b)any local authority for an area within the relevant local authority’s area,
and
(c)such other persons as the relevant local authority considers
35appropriate.
(5)A relevant local authority that publishes a strategy under this section—
(a)must keep the strategy under review,
(b)may alter or replace the strategy, and
(c)must publish any altered or replacement strategy.
(6)40A relevant local authority may request any local authority for an area within
the relevant local authority’s area to co-operate with it in any way that the
relevant local authority considers necessary for the purposes of its functions
under this section.
Domestic Abuse BillPage 36
(7)A local authority must, so far as reasonably practicable, comply with a request
made to it under subsection (6).
(8)The Secretary of State may by regulations make provision about the
preparation and publication of strategies under this section.
(9)5The power to make regulations under subsection (8) may, in particular, be
exercised to make provision about—
(a)the procedure to be followed by a relevant local authority in preparing
a strategy;
(b)matters to which a relevant local authority must have regard in
10preparing a strategy;
(c)how a relevant local authority must publish a strategy;
(d)the date by which a relevant local authority must first publish a
strategy;
(e)the frequency with which a relevant local authority must review its
15strategy.
(10)Before making regulations under this section, the Secretary of State must
consult—
(a)the Domestic Abuse Commissioner,
(b)relevant local authorities, and
(c)20such other persons as the Secretary of State considers appropriate.
56 Domestic abuse local partnership boards
(1)A relevant local authority in England must appoint a domestic abuse local
partnership board for the purposes of providing advice to the authority about
the exercise of the authority’s functions under section 55.
(2)25The members of the domestic abuse local partnership board must include—
(a)a representative of the relevant local authority;
(b)at least one person appearing to the authority to represent the interests
of local authorities for areas within its area;
(c)at least one person appearing to the authority to represent the interests
30of victims of domestic abuse;
(d)at least one person appearing to the authority to represent the interests
of children of domestic abuse victims;
(e)at least one person appearing to the authority to represent the interests
of charities and other voluntary organisations that work with victims of
35domestic abuse in its area;
(f)at least one person appearing to the authority to represent the interests
of persons who provide, or have functions relating to, health care
services in its area;
(g)at least one person appearing to the authority to represent the interests
40of persons with functions relating to policing or criminal justice in its
area.
(3)In this section “health care services” means services relating to health care
(within the meaning of section 9 of the Health and Social Care Act 2008).
Domestic Abuse BillPage 37
57 Annual reports
(1)As soon as reasonably practicable after the end of each financial year, a relevant
local authority in England must submit to the Secretary of State an annual
report in relation to the exercise of the authority’s functions under this Part
5during the year.
(2)The Secretary of State may by regulations make provision about—
(a)the form of the report, and
(b)the content of the report.
(3)In this section “financial year” means—
(a)10the period beginning with the day on which this section comes into
force and ending with the following 31 March, and
(b)each successive period of 12 months.
58 Guidance
(1)The Secretary of State must issue guidance relating to the exercise by local
15authorities in England of functions under this Part.
(2)Local authorities in England must have regard to the guidance when exercising
a function to which the guidance relates.
(3)The Secretary of State may from time to time revise any guidance issued under
this section.
(4)20Before issuing or revising guidance under this section, the Secretary of State
must consult—
(a)the Domestic Abuse Commissioner,
(b)local authorities, and
(c)such other persons as the Secretary of State considers appropriate.
(5)25Subsection (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
the guidance are insubstantial.
(6)The Secretary of State must publish—
(a)any guidance issued under this section, and
(b)30any revisions of that guidance.
59 Interpretation of Part 4
In this Part—
-
“local authority” means—
(a)a relevant local authority;
(b)35a district council for an area for which there is a county council;
(c)a London borough council;
(d)the Common Council of the City of London in its capacity as a
local authority;
-
“relevant local authority” means—
(a)40a county council;
(b)a district council for an area for which there is no county
council;Domestic Abuse BillPage 38
(c)the Greater London Authority;
(d)the Council of the Isles of Scilly.
Part 5 Protection for victims and witnesses in court
5Special measures
60
Special measures in criminal proceedings for offences 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
10measures 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
152 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)20an 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 the Domestic Abuse Act 2020 (see section 1
25of that Act).”
(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)”.
61 Special measures in family proceedings: victims of domestic abuse
(1)30This section applies where rules of court provide that the court may make a
special measures direction in relation to a person (“P”) who is a party or
witness in family proceedings.
(2)Rules of court must provide that where P is, or is at risk of being, a victim of
domestic abuse carried out by a person listed in subsection (3), it is to be
35assumed that the following matters are likely to be diminished by reason of
vulnerability—
(a)the quality of P’s evidence;
(b)where P is a party to the proceedings, P’s participation in the
proceedings.
(3)40The persons referred to in subsection (2) are—
(a)a party to the proceedings;
(b)a relative of a party to the proceedings (other than P);
Domestic Abuse BillPage 39
(c)a witness in the proceedings.
(4)Rules of court may provide for an exception to the provision made by virtue of
subsection (2) where P does not wish to be deemed to be eligible for the making
of a special measures direction by virtue of that subsection.
(5)5In this section—
-
“family proceedings” has the meaning given by section 75(3) of the Courts
Act 2003;
-
“relative” has the meaning given by section 63(1) of the Family Law Act
1996;
-
10“special measures” means such measures as may be specified by rules of
court for the purpose of assisting a person to give evidence or
participate in proceedings;
-
“special measures direction” means a direction by the court granting
special measures.
62 15Special measures in civil proceedings: victims of specified offences
(1)Rules of court must make provision enabling the court to make a special
measures direction in relation to a person who is a party or witness in civil
proceedings where that person is the victim, or alleged victim, of a specified
offence.
(2)20Rules made by virtue of subsection (1) must, in particular, provide for the court
to consider—
(a)whether—
(i)the quality of the person’s evidence, or
(ii)where the person is a party to the proceedings, the person’s
25participation in the proceedings,
is likely to be diminished by reason of vulnerability, and
(b)if so, whether it is necessary to make one or more special measures
directions.
(3)For the purposes of this section—
(a)30a person is the victim of a specified offence if another person has been
convicted of, or given a caution for, the offence;
(b)a person is the alleged victim of a specified offence if another person
has been charged with the offence.
(4)In this section—
-
35“civil proceedings” means—
(a)proceedings in the county court,
(b)proceedings in the High Court, other than—
(i)proceedings in the Family Division of the High Court
which are business assigned, by or under section 61 of
40(and Schedule 1 to) the Senior Courts Act 1981, to that
Division of the High Court and no other, and(ii)proceedings in the exercise of its jurisdiction under the
Extradition Act 2003, and(c)proceedings in the civil division of the Court of Appeal;
-
45“special measures” means such measures as may be specified by rules of
court for the purpose of assisting a person to give evidence or
participate in proceedings;