Domestic Abuse Bill (HL Bill 124)
Part 5 continued
Domestic Abuse BillPage 50
(3)The Lord Chancellor may from time to time revise any guidance issued
under this section.
(4)The Lord Chancellor must publish—
(a)any guidance issued under this section, and
(b)5any revisions of that guidance.”
Part 6 Offences involving violent or abusive behaviour
Offences against the person
65 Consent to serious harm for sexual gratification not a defence
(1)10This section applies for the purposes of determining whether a person (“D”)
who inflicts serious harm on another person (“V”) is guilty of a relevant
offence.
(2)It is not a defence that V consented to the infliction of the serious harm for the
purposes of obtaining sexual gratification (but see subsection (4)).
(3)15In this section—
-
“relevant offence” means an offence under section 18, 20 or 47 of the
Offences Against the Person Act 1861 (“the 1861 Act”);
-
“serious harm” means—
(a)grievous bodily harm, within the meaning of section 18 of the
201861 Act,(b)wounding, within the meaning of that section, or
(c)actual bodily harm, within the meaning of section 47 of the 1861
Act.
(4)Subsection (2) does not apply in the case of an offence under section 20 or 47 of
25the 1861 Act where—
(a)the serious harm consists of, or is a result of, the infection of V with a
sexually transmitted infection in the course of sexual activity, and
(b)V consented to the sexual activity in the knowledge or belief that D had
the sexually transmitted infection.
(5)30For the purposes of this section it does not matter whether the harm was
inflicted for the purposes of obtaining sexual gratification for D, V or some
other person.
(6)Nothing in this section affects any enactment or rule of law relating to other
circumstances in which a person’s consent to the infliction of serious harm
35may, or may not, be a defence to a relevant offence.
Offences committed outside the UK
66 Offences against the person committed outside the UK: England and Wales
(1)If—
Domestic Abuse BillPage 51
(a)a person who is a United Kingdom national or is habitually resident in
England and Wales does an act in a country outside the United
Kingdom,
(b)the act constitutes an offence under the law in force in that country, and
(c)5the act, if done in England and Wales, would constitute an offence to
which this subsection applies,
the person is guilty in England and Wales of that offence.
(2)The offences to which subsection (1) applies are—
(a)murder;
(b)10manslaughter;
(c)an offence under section 18, 20 or 47 of the Offences Against the Person
Act 1861 (offences relating to bodily harm or injury);
(d)an offence under section 23 or 24 of that Act (administering poison);
(e)an offence under section 1 of the Infant Life (Preservation) Act 1929
15(child destruction).
(3)Subsection (1) does not apply where a person would, in the absence of that
subsection, be guilty of an offence of murder or manslaughter under the law of
England and Wales.
(4)An act punishable under the law in force in any country constitutes an offence
20under that law for the purposes of subsection (1)(b) however it is described in
that law.
(5)The condition in subsection (1)(b) is to be taken to be met unless, not later than
rules of court may provide, the defendant serves on the prosecution a notice—
(a)stating that, on the facts as alleged with respect to the act in question,
25the condition is not in the defendant’s opinion met,
(b)showing the grounds for that opinion, and
(c)requiring the prosecution to prove that it is met.
(6)But the court, if it thinks fit, may permit the defendant to require the
prosecution to prove that the condition is met without service of a notice under
30subsection (5).
(7)In the Crown Court the question whether the condition is met is to be decided
by the judge alone.
(8)In this section—
-
“act” includes a failure to act;
-
35“country” includes territory;
-
“United Kingdom national” means an individual who is—
(a)a British citizen, a British overseas territories citizen, a British
National (Overseas) or a British Overseas citizen,(b)a person who under the British Nationality Act 1981 is a British
40subject, or(c)a British protected person within the meaning of that Act.
67 Offences against the person committed outside the UK: Northern Ireland
(1)If—
(a)a person who is a United Kingdom national or is habitually resident in
45Northern Ireland does an act in a country outside the United Kingdom,
Domestic Abuse BillPage 52
(b)the act constitutes an offence under the law in force in that country, and
(c)the act, if done in Northern Ireland, would constitute an offence to
which this subsection applies,
the person is guilty in Northern Ireland of that offence.
(2)5The offences to which subsection (1) applies are—
(a)murder;
(b)manslaughter;
(c)an offence under section 18, 20 or 47 of the Offences Against the Person
Act 1861 (offences relating to bodily harm or injury);
(d)10an offence under section 23 or 24 of that Act (administering poison);
(e)an offence under section 25 of the Criminal Justice Act (Northern
Ireland) 1945 (child destruction).
(3)Subsection (1) does not apply where a person would, in the absence of that
subsection, be guilty of an offence of murder or manslaughter under the law of
15Northern Ireland.
(4)An act punishable under the law in force in any country constitutes an offence
under that law for the purposes of subsection (1)(b) however it is described in
that law.
(5)The condition in subsection (1)(b) is to be taken to be met unless, not later than
20rules of court may provide, the defendant serves on the prosecution a notice—
(a)stating that, on the facts as alleged with respect to the act in question,
the condition is not in the defendant’s opinion met,
(b)showing the grounds for that opinion, and
(c)requiring the prosecution to prove that it is met.
(6)25But the court, if it thinks fit, may permit the defendant to require the
prosecution to prove that the condition is met without service of a notice under
subsection (5).
(7)In the Crown Court the question whether the condition is met is to be decided
by the judge alone.
(8)30In this section—
-
“act” includes a failure to act;
-
“country” includes territory;
-
“rules of court” means—
(a)in relation to proceedings in a magistrates’ court, magistrates’
35court rules;(b)in relation to proceedings in the Crown Court, Crown Court
rules;
-
“United Kingdom national” means an individual who is—
(a)a British citizen, a British overseas territories citizen, a British
40National (Overseas) or a British Overseas citizen,(b)a person who under the British Nationality Act 1981 is a British
subject, or(c)a British protected person within the meaning of that Act.
(9)The Interpretation Act (Northern Ireland) 1954 applies for the purposes of this
45section as it applies to an Act of the Northern Ireland Assembly.
Domestic Abuse BillPage 53
68 Amendments relating to offences committed outside the UK
(1)Part 1 of Schedule 2 contains amendments to provide for extra-territorial
jurisdiction over certain other offences under the law of England and Wales.
(2)Part 2 of Schedule 2 contains amendments to provide for extra-territorial
5jurisdiction over certain offences under the law of Scotland.
(3)Part 3 of Schedule 2 contains amendments to provide for extra-territorial
jurisdiction over certain other offences under the law of Northern Ireland.
Part 7 Miscellaneous and general
10Management of offenders
69 Polygraph conditions for offenders released on licence
(1)In Part 3 of the Offender Management Act 2007 (other provisions about the
management of offenders), section 28 (application of polygraph condition) is
amended as follows.
(2)15In subsection (2), for “a relevant sexual offence” substitute “an offence within
subsection (3A)”.
(3)In subsection (3)(a), for “for a term of twelve months or more” substitute “that
is not for a term of less than twelve months”.
(4)After subsection (3) insert—
“(3A)20An offence is within this subsection if it is—
(a)a relevant offence involving domestic abuse (see subsections
(3B) and (3C)), or
(b)a relevant sexual offence (see subsection (4)).
(3B)In this section “relevant offence involving domestic abuse” means—
(a)25an offence listed in subsection (3C) which involved behaviour
by the offender amounting to domestic abuse within the
meaning of the Domestic Abuse Act 2020 (see section 1 of that
Act);
(b)an offence under section 36 of that Act (breach of domestic
30abuse protection order).
(3C)The offences are—
(a)murder;
(b)an offence under section 5 of the Protection from Harassment
Act 1997 (breach of a restraining order);
(c)35an offence specified in Part 1 of Schedule 15 to the Criminal
Justice Act 2003 (specified violent offences);
(d)an offence under section 76 of the Serious Crime Act 2015
(controlling or coercive behaviour in an intimate or family
relationship).”
Domestic Abuse BillPage 54
Disclosure of information by police
70 Guidance about the disclosure of information by police forces
(1)The Secretary of State must issue guidance to chief officers of police about the
disclosure of police information by police forces for the purposes of preventing
5domestic abuse.
“Police information” means information held by a police force.
(2)Each chief officer of police of a police force must have regard to any guidance
issued under this section.
(3)The Secretary of State may from time to time revise any guidance issued under
10this section.
(4)Before issuing or revising guidance under this section, the Secretary of State
must consult—
(a)the Domestic Abuse Commissioner,
(b)the National Police Chiefs’ Council, and
(c)15such other persons as the Secretary of State considers appropriate.
(5)Subsection (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)20any guidance issued under this section, and
(b)any revisions of that guidance.
(7)In this section—
-
“chief officer of police” means—
(a)in relation to the British Transport Police Force, the Chief
25Constable of that Force;(b)in relation to any other police force, the chief officer of police of
that force;
-
“police force” means—
(a)a police force maintained by a local policing body, or
(b)30the British Transport Police Force.
Homelessness
71 Homelessness: victims of domestic abuse
(1)Part 7 of the Housing Act 1996 (homelessness: England) is amended as follows.
(2)In section 177 (whether it is reasonable to continue to occupy
35accommodation)—
(a)in subsection (1), for “domestic violence or other violence” substitute
“violence or domestic abuse”;
(b)for subsection (1A) substitute—
“(1A)For this purpose—
(a)40“domestic abuse” has the meaning given by section 1 of
the Domestic Abuse Act 2020;
Domestic Abuse BillPage 55
(b)“violence” means—
(i)violence from another person; or
(ii)threats of violence from another person which
are likely to be carried out.”
(3)5Omit section 178 (meaning of associated person).
(4)In section 179 (duty of local housing authority in England to provide advisory
services), in subsection (5)—
(a)for the definition of “domestic abuse” substitute—
-
““domestic abuse” has the meaning given by section 1 of
10the Domestic Abuse Act 2020;”;
(b)omit the definition of “financial abuse”.
(5)In section 189 (priority need for accommodation)—
(a)in subsection (1), after paragraph (d) insert—
“(e)a person who is homeless as a result of that person being
15a victim of domestic abuse.”;
(b)after subsection (4) insert—
“(5)In this section “domestic abuse” has the meaning given by
section 1 of the Domestic Abuse Act 2020.”
(6)In section 198 (referral of case to another local housing authority)—
(a)20in subsection (2), in paragraph (c), for “domestic violence” substitute
“domestic abuse”;
(b)in subsection (2ZA), in paragraph (b), for “domestic violence”
substitute “domestic abuse”;
(c)in subsection (2A), in paragraph (a), for “domestic violence” substitute
25“violence that is domestic abuse”;
(d)for subsection (3) substitute—
“(3)For the purposes of subsections (2), (2ZA) and (2A)—
(a)“domestic abuse” has the meaning given by section 1 of
the Domestic Abuse Act 2020;
(b)30“violence” means—
(i)violence from another person; or
(ii)threats of violence from another person which
are likely to be carried out.”
(7)In section 218 (index of defined expressions: Part 7), in the table, omit the entry
35relating to section 178.
(8)In article 6 of the Homelessness (Priority Need for Accommodation) (England)
Order 2002 (S.I. 2002/2051) (vulnerability: fleeing violence or threats of
violence)—
(a)the existing text becomes paragraph (1);
(b)40after that paragraph insert—
“(2)For the purposes of this article—
(a)“violence” does not include violence that is domestic abuse;
(b)“domestic abuse” has the meaning given by section 1 of the
Domestic Abuse Act 2020.”
Domestic Abuse BillPage 56
(9)In consequence of the repeal made by subsection (3), omit the following
provisions—
(a)in Schedule 8 to the Civil Partnership Act 2004, paragraph 61;
(b)in Schedule 3 to the Adoption and Children Act 2002, paragraphs 89 to
592.
Secure tenancies
72 Grant of secure tenancies in cases of domestic abuse
(1)Part 4 of the Housing Act 1985 (secure tenancies and rights of secure tenants)
is amended as follows.
(2)10After section 81 insert—
“81ZA Grant of secure tenancies in cases of domestic abuse
(1)This section applies where a local housing authority grants a secure
tenancy of a dwelling-house in England before the day on which
paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 (grant
15of new secure tenancies in England) comes fully into force.
(2)The local housing authority must grant a secure tenancy that is not a
flexible tenancy if—
(a)the tenancy is offered to a person who is or was a tenant of some
other dwelling-house under a qualifying tenancy (whether as
20the sole tenant or as a joint tenant), and
(b)the authority is satisfied that—
(i)the person or a member of the person’s household is or
has been a victim of domestic abuse carried out by
another person, and
(ii)25the new tenancy is granted for reasons connected with
that abuse.
(3)The local housing authority must grant a secure tenancy that is not a
flexible tenancy if—
(a)the tenancy is offered to a person who was a joint tenant of the
30dwelling-house under a qualifying tenancy, and
(b)the authority is satisfied that—
(i)the person or a member of the person’s household is or
has been a victim of domestic abuse carried out by
another person, and
(ii)35the new tenancy is granted for reasons connected with
that abuse.
(4)In this section—
-
“abuse” means—
(a)physical or sexual abuse;
(b)40violent or threatening behaviour;
(c)controlling or coercive behaviour;
(d)economic abuse (within the meaning of section 1(4) of
the Domestic Abuse Act 2020);(e)psychological, emotional or other abuse;
Domestic Abuse BillPage 57
-
“domestic abuse” means abuse carried out by a person who is
personally connected to the victim of the abuse (within the
meaning of section 2 of the Domestic Abuse Act 2020);
-
“qualifying tenancy” means a tenancy of a dwelling-house in
5England which is—(a)a secure tenancy other than a flexible tenancy, or
(b)an assured tenancy—
(i)which is not an assured shorthold tenancy, and
(ii)which is granted by a private registered provider
10of social housing, by the Regulator of Social
Housing or by a housing trust which is a charity.
(5)For the purposes of this section, a person may be a victim of domestic
abuse despite the fact that the abuse is directed at another person (for
example, the person’s child).”
(3)15In section 81B (cases where old-style English secure tenancies may be
granted)—
(a)in subsection (2C)—
(i)for the definition of “abuse” substitute—
-
““abuse” means—
(a)20physical or sexual abuse;
(b)violent or threatening behaviour;
(c)controlling or coercive behaviour;
(d)economic abuse (within the meaning of
section 1(4) of the Domestic Abuse Act
252020);(e)psychological, emotional or other
abuse;”;
(ii)for the definition of “domestic abuse” substitute—
-
““domestic abuse” means abuse carried out by a
30person who is personally connected to the victim
of the abuse (within the meaning of section 2 of
the Domestic Abuse Act 2020);”;
(b)after subsection (2C) insert—
“(2D)For the purposes of this section, a person may be a victim of
35domestic abuse despite the fact that the abuse is directed at
another person (for example, the person’s child).”
Guidance
73 Power of Secretary of State to issue guidance about domestic abuse, etc
(1)The Secretary of State may issue guidance about—
(a)40the effect of any provision made by or under—
(i)Parts 1 to 5,
(ii)section 66 or Part 1 of Schedule 2, or
(iii)section 69, 70, 71 or 72;
(b)other matters relating to domestic abuse in England and Wales.
Domestic Abuse BillPage 58
(2)The Secretary of State must, in particular, issue guidance under this section
about—
(a)the effect of sections 1 and 2, including guidance as to particular kinds
of behaviour that amount to domestic abuse;
(b)5the effect of domestic abuse on children.
(3)Any guidance issued under this section must, so far as relevant, take account
of the fact that the majority of victims of domestic abuse in England and Wales
(excluding children treated as victims by virtue of section 3) are female.
(4)A person exercising public functions to whom guidance issued under this
10section relates must have regard to it in the exercise of those functions.
But nothing in this section permits the Secretary of State to issue guidance to a
court or tribunal.
(5)The Secretary of State may from time to time revise any guidance issued under
this section.
(6)15Before issuing or revising guidance under this section, the Secretary of State
must consult—
(a)the Domestic Abuse Commissioner,
(b)the Welsh Ministers, so far as the guidance relates to a devolved Welsh
authority, and
(c)20such other persons as the Secretary of State considers appropriate.
(7)In subsection (6)(b) “devolved Welsh authority” has the meaning given by
section 157A of the Government of Wales Act 2006.
(8)Subsection (6) does not apply in relation to any revisions of guidance issued
under this section if the Secretary of State considers the proposed revisions of
25the guidance are insubstantial.
(9)The Secretary of State must publish—
(a)any guidance issued under this section, and
(b)any revisions of that guidance.
Powers to make consequential or transitional provision, etc
74 30Power of Secretary of State to make consequential amendments
(1)The Secretary of State may by regulations make provision that is consequential
on any provision made by or under—
(a)Parts 1 to 5,
(b)section 65,
(c)35section 66 or Part 1 of Schedule 2, or
(2)The power to make regulations under this section may, in particular, be
exercised by amending, repealing, revoking or otherwise modifying any
provision made by or under an Act passed before, or in the same session of
40Parliament as, this Act.
Domestic Abuse BillPage 59
75 Power to make transitional or saving provision
(1)The Secretary of State may by regulations make such transitional or saving
provision as the Secretary of State considers appropriate in connection with the
coming into force of any provision of—
(a)5Parts 1 to 5,
(b)section 65,
(c)section 66 or 68(1) or Part 1 of Schedule 2, or
(d)section 69, 70, 71, 72 or 73.
(2)The Department of Justice in Northern Ireland may by regulations make such
10transitional or saving provision as the Department considers appropriate in
connection with the coming into force of any provision of section 67 or 68(3) or
Part 3 of Schedule 2.
(3)Regulations under this section may (among other things) make any
adaptations of provisions of this Act mentioned in subsection (1) or (2) (as the
15case may be) brought into force that appear to be appropriate in consequence
of other provisions of this Act not yet having come into force.
Final provisions
76 Regulations
(1)Any power of the Secretary of State or Lord Chancellor to make regulations
20under this Act is exercisable by statutory instrument.
(2)Any power of the Department of Justice in Northern Ireland to make
regulations under this Act is exercisable by statutory rule for the purposes of
the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(3)Regulations under this Act may—
(a)25make different provision for different purposes or in relation to
different areas;
(b)contain supplementary, incidental, consequential, transitional or
saving provision.
(4)Subsection (3) does not apply to regulations under section 79 (see instead
30subsection (6) of that section).
(5)A statutory instrument containing regulations made by the Secretary of State
or Lord Chancellor under this Act is subject to annulment in pursuance of a
resolution of either House of Parliament, unless the instrument—
(a)is required by subsection (6) or any other enactment to be laid in draft
35before, and approved by a resolution of, each House of Parliament, or
(b)contains only regulations under section 35(7), 75 or 79.
(6)A statutory instrument that contains (with or without other provisions)—
(a)regulations under section 39(7), or
(b)regulations under section 74 that amend or repeal any Act,
40may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.