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77 Financial provision

There is to be paid out of money provided by Parliament—

(a)any expenditure incurred by a Minister of the Crown under or by virtue
of this Act, and

(b)5any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

78 Extent

(1)Except as set out below, this Act extends to England and Wales only.

(2)Any amendment or repeal made by Part 2 or 3 has the same extent as the
10provision amended or repealed.

(3)Section 68(2) and Part 2 of Schedule 2 extend to Scotland only.

(4)Sections 67 and 68(3) and Part 3 of Schedule 2 extend to Northern Ireland only.

(5)The following provisions extend to England and Wales, Scotland and Northern
Ireland—

(a)15section 37(7),

(b)sections 74 to 77,

(c)this section, and

(d)sections 79 and 80.

(6)Section 37(7) and this subsection (and sections 74 to 76, 79 and 80, so far as
20relating to those provisions) extend to—

(a)the Isle of Man, and

(b)the British overseas territories except Gibraltar;

and the power under section 384(2) of the Armed Forces Act 2006 may be
exercised so as to modify section 37(7) as it extends to the Isle of Man or a
25British overseas territory other than Gibraltar.

(7)The power under section 384(1) of the Armed Forces Act 2006 may be exercised
so as to extend section 37(7) of this Act to any of the Channel Islands (with or
without modifications).

79 Commencement

(1)30The following provisions of this Act come into force on the day on which this
Act is passed—

(a)section 65;

(b)sections 74 to 78, this section and section 80;

(c)any power to make regulations under or by virtue of this Act.

(2)35Sections 66 and 68(1) and Part 1 of Schedule 2 come into force at the end of the
period of two months beginning with the day on which this Act is passed.

(3)Section 68(2) and Part 2 of Schedule 2 come into force in accordance with
provision contained in regulations made by the Scottish Ministers.

(4)Sections 67 and 68(3) and Part 3 of Schedule 2 come into force in accordance
40with provision contained in an order made by the Department of Justice in
Northern Ireland.

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(5)The remaining provisions of this Act come into force in accordance with
provision contained in regulations made by the Secretary of State.

(6)Regulations or an order under this section may make different provision for
different purposes or in relation to different areas.

(7)5Regulations under this section bringing any provision of Part 3 or section 69
into force only for a specified purpose or in relation to a specified area may—

(a)provide for that provision or section to be in force for that purpose or
in relation to that area for a specified period;

(b)make transitional or saving provision relating to that provision or
10section ceasing to be in force at the end of the specified period.

(8)Regulations containing provision permitted by subsection (7)(a) may be
amended by subsequent regulations under this section so as to continue any
provision of Part 3 or section 69 in force for the specified purpose or in relation
to the specified area for a further specified period.

(9)15The power of the Department of Justice in Northern Ireland to make an order
under this section is exercisable by statutory rule for the purposes of the
Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(10)Any provision which the Department of Justice in Northern Ireland could
make by regulations under section 75 may be made by the Department by an
20order under this section.

80 Short title

This Act may be cited as the Domestic Abuse Act 2020.

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Schedules

Section 38

Schedule 1 Further provision about remand under section 38

Introductory

15This Schedule applies where a court has power to remand a person (“P”)
under section 38.

Remand in custody or on bail

2(1)The court may remand P in custody or on bail.

(2)If remanded in custody, P is to be committed to custody to be brought before
10the court—

(a)at the end of the period of remand, or

(b)at such earlier time as the court may require.

(3)The court may remand P on bail—

(a)by taking from P a recognizance (with or without sureties)
15conditioned as provided in paragraph 3, or

(b)by fixing the amount of the recognizances with a view to their being
taken subsequently in accordance with paragraph 7 and, in the
meantime, committing P to custody as mentioned in sub-paragraph
(2).

(4)20Where P is brought before the court after remand, the court may further
remand P.

3(1)Where P is remanded on bail, the court may direct that P’s recognizance be
conditioned for P’s appearance—

(a)before the court at the end of the period of remand, or

(b)25at every time and place to which during the course of the
proceedings the hearing may from time to time be adjourned.

(2)Where a recognizance is conditioned for P’s appearance as mentioned in
sub-paragraph (1)(b), the fixing of a time for P next to appear is to be treated
as a remand.

(3)30Nothing in this paragraph affects the power of the court at any subsequent
hearing to remand P afresh.

4(1)The court may not remand P for a period exceeding eight clear days unless—

(a)the court adjourns proceedings for the purpose mentioned in
paragraph 5(1), or

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(b)P is remanded on bail and both P and the person who applied for the
warrant under section 38 consent.

This is subject to paragraph 6.

(2)Where the court has power to remand P in custody, P may be committed to
5the custody of a constable if the remand is for a period not exceeding three
clear days.

Remand for medical examination and report

5(1)If the court has reason to suspect that a medical report will be required, the
power to remand a person under section 38 may be exercised for the purpose
10of enabling a medical examination to take place and a report to be made.

(2)If the person is remanded in custody for that purpose, the adjournment may
not be for more than 3 weeks at a time.

(3)If the person is remanded on bail for that purpose, the adjournment may not
be for more than 4 weeks at a time.

(4)15Sub-paragraph (5) applies if there is reason to suspect that a person who has
been arrested under a warrant issued on an application made under section
38 is suffering from mental disorder within the meaning of the Mental
Health Act 1983.

(5)The court has the same power to make an order under section 35 of that Act
20(remand to hospital for report on accused’s mental condition) as the Crown
Court has under that section in the case of an accused person (within the
meaning of that section).

Further remand

6(1)If the court is satisfied that a person (“P”) who has been remanded is unable
25by reason of illness or accident to appear or be brought before the court at
the end of the period of remand, the court may further remand P in P’s
absence.

(2)The power under sub-paragraph (1) may, in the case of a person who was
remanded on bail, be exercised by enlarging the person’s recognizance and
30those of any sureties for the person to a later time.

(3)Where a person (“P”) remanded on bail is bound to appear before the court
at any time and the court has no power to remand P under sub-paragraph
(1), the court may (in P’s absence) enlarge P’s recognizance and those of any
sureties for P to a later time.

(4)35The enlargement of P’s recognizance is to be treated as a further remand.

(5)Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers
conferred by this paragraph.

Postponement of taking of recognizance

7Where under paragraph 2(3)(b) the court fixes the amount in which the
40principal and the sureties, if any, are to be bound, the recognizance may
afterwards be taken by a person prescribed by rules of court, with the same
consequences as if it had been entered into before the court.

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Requirements imposed on remand on bail

8The court may, when remanding a person on bail in accordance with this
Schedule, 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
5person does not interfere with witnesses or otherwise obstruct the course of
justice.

Section 68

Schedule 2 Amendments relating to offences committed outside the UK

Part 1 10England and Wales

Protection from Harassment Act 1997

1In the Protection from Harassment Act 1997, after section 4A insert—

4B Offences under sections 4 and 4A committed outside the United
Kingdom

(1)15If—

(a)a person’s course of conduct consists of or includes conduct
in a country outside the United Kingdom,

(b)the course of conduct would constitute an offence under
section 4 or 4A if it occurred in England and Wales, and

(c)20the person is a United Kingdom national or is habitually
resident in England and Wales,

the person is guilty in England and Wales of that offence.

(2)In this section—

  • “country” includes territory;

  • 25“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
    30is a British subject, or

    (c)

    a British protected person within the meaning of that
    Act.”

Sexual Offences Act 2003

2(1)The Sexual Offences Act 2003 is amended as follows.

(2)35In section 72 (offences outside the United Kingdom)—

(a)in subsections (1)(b) and (2)(c), for “section” substitute “subsection”;

(b)after subsection (2) insert—

(2A)If—

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(a)a person who is a United Kingdom national or United
Kingdom resident does an act in a country outside the
United Kingdom,

(b)the act constitutes an offence under the law in force in
5that country, and

(c)the act, if done in England and Wales, would
constitute a sexual offence to which this subsection
applies,

the person is guilty in England and Wales of that sexual
10offence.”;

(c)in subsection (3)(c), for “section” substitute “subsection”;

(d)in subsection (5), after “(2)” insert “, (2A)”;

(e)in subsection (6), after “(2)(b)” insert “, (2A)(b)”;

(f)in subsection (10), for “this section applies” substitute “subsections
15(1) to (3) apply”.

(3)In Schedule 2 (sexual offences to which section 72 applies)—

(a)in the heading, for “section 72” substitute “section 72(1) to (3)”;

(b)in paragraph 1, in the opening words, for “section 72 applies”
substitute “subsections (1), (2) and (3) of section 72 apply”;

(c)20after paragraph 1 insert—

1AIn relation to England and Wales, the sexual offences to
which subsection (2A) of section 72 applies are an offence
under any of sections 1 to 4 where the victim of the offence
was 18 or over at the time of the offence.”;

(d)25in paragraph 3, after “paragraph 1” insert “or 1A”.

Serious Crime Act 2015

3In the Serious Crime Act 2015, after section 76 (controlling or coercive
behaviour in an intimate or family relationship) insert—

76A Offences under section 76 committed outside the United Kingdom

(1)30If—

(a)a person’s behaviour consists of or includes behaviour in a
country outside the United Kingdom,

(b)the behaviour would constitute an offence under section 76 if
it occurred in England and Wales, and

(c)35the person is a United Kingdom national or is habitually
resident in England and Wales,

the person is guilty in England and Wales of that offence.

(2)In this section—

  • “country” includes territory;

  • 40“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
    45is a British subject, or

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    (c)

    a British protected person within the meaning of that
    Act.”

Part 2 Scotland

5Criminal Procedure (Scotland) Act 1995

4(1)Section 11 of the Criminal Procedure (Scotland) Act 1995 (certain offences
committed outside Scotland) is amended as follows.

(2)In subsections (1) and (2), for “British citizen or British subject” substitute
“relevant person”.

(3)10After subsection (2) insert—

(2A)Any relevant person who in a country outside the United Kingdom
does any act which—

(a)constitutes an offence under the law in force in that country,
and

(b)15if done in Scotland would constitute the crime of assault,

is guilty of the same crime and subject to the same punishment as if
the act had been done in Scotland.

(2B)In subsections (1) to (2A)—

  • “country” includes territory;

  • 20“relevant person” means a person who is a United Kingdom
    national or is habitually resident in Scotland;

  • “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
    25citizen,

    (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.”

30Sexual Offences (Scotland) Act 2009 (asp 9)

5(1)The Sexual Offences (Scotland) Act 2009 is amended as follows.

(2)After section 54C insert—

54D Offences committed outside the United Kingdom: adult victims

(1)If—

(a)35a person who is a UK national or is habitually resident in
Scotland 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)40the act, if done in Scotland, would constitute an offence to
which this subsection applies,

then the person commits that offence.

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(2)The offences to which subsection (1) applies are offences under any
of sections 1 to 4 where the victim of the offence was 18 or over at the
time of the offence.

(3)A person may be prosecuted, tried and punished for an offence by
5virtue of this section—

(a)in any sheriff court district in Scotland in which the person is
apprehended or is in custody, or

(b)in such sheriff court district as the Lord Advocate may
determine,

10as if the offence had been committed in that district; and the offence
is, for all purposes incidental to or consequential on trial or
punishment, to be deemed to have been committed in that district.

(4)In this section—

  • “country” includes territory;

  • 15“sheriff court district” is to be construed in accordance with
    section 307(1) of the Criminal Procedure (Scotland) Act 1995
    (interpretation);

  • UK national” means an individual who is—

    (a)

    a British citizen, a British overseas territories citizen, a
    20British National (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
    25Act.”

(3)In the heading of section 55, at the end insert “: child victims”.

(4)For the heading of section 56 substitute “Section 55: continuity of law”.

Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

6In the Criminal Justice and Licensing (Scotland) Act 2010, after section 39
30insert—

39A Offence of stalking committed outside the United Kingdom

(1)If—

(a)a person’s course of conduct consists of or includes conduct
in a country outside the United Kingdom,

(b)35the course of conduct would constitute the offence of stalking
if it occurred in Scotland, and

(c)the person is a United Kingdom national or is habitually
resident in Scotland,

then the person commits that offence.

(2)40If a person’s course of conduct consists entirely of conduct in a
country outside the United Kingdom—

(a)the person may be prosecuted, tried and punished for an
offence of stalking by virtue of this section—

(i)in any sheriff court district in Scotland in which the
45person is apprehended or is in custody, or

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(ii)in such sheriff court district as the Lord Advocate
may determine,

as if the offence had been committed entirely in that district,
and

(b)5the offence is, for all purposes incidental to or consequential
on trial or punishment, to be deemed to have been committed
entirely in that district.

(3)In this section—

  • “country” includes territory;

  • 10“sheriff court district” is to be construed in accordance with
    section 307(1) of the Criminal Procedure (Scotland) Act 1995
    (interpretation);

  • “United Kingdom national” means an individual who is—

    (a)

    a British citizen, a British overseas territories citizen, a
    15British National (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
    20Act.”

Part 3 Northern Ireland

Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9))

7In the Protection from Harassment (Northern Ireland) Order 1997, after
25Article 6 insert—

6A Offences under Article 6 committed outside the United Kingdom

(1)If—

(a)a person’s course of conduct consists of or includes conduct
in a country outside the United Kingdom,

(b)30the course of conduct would constitute an offence under
Article 6 if it occurred in Northern Ireland, and

(c)the person is a United Kingdom national or is resident in
Northern Ireland,

the person is guilty in Northern Ireland of that offence.

(2)35In this section—

  • “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
    40citizen,

    (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.”

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Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))

8In Article 76 of the Sexual Offences (Northern Ireland) Order 2008 (offences
outside the United Kingdom)—

(a)in paragraphs (1)(b) and (2)(c), for “Article” substitute “paragraph”;

(b)5after paragraph (2) insert—

(2A)If—

(a)a person who is a United Kingdom national or is
resident in Northern Ireland does an act in a country
outside the United Kingdom,

(b)10the act constitutes an offence under the law in force in
that country, and

(c)the act, if done in Northern Ireland, would constitute
a sexual offence to which this paragraph applies,

the person is guilty in Northern Ireland of that sexual
15offence.”;

(c)in paragraph (3)(c), for “Article” substitute “paragraph”;

(d)in paragraph (5), after “(2)” insert “, (2A)”;

(e)in paragraph (6), after “(2)(b)” insert “, (2A)(b)”;

(f)in paragraph (10), for “this Article applies” substitute “paragraphs
20(1), (2) and (3) apply”;

(g)after paragraph (10) insert—

(10A)The sexual offences to which paragraph (2A) applies are an
offence under any provision of Part 2 where the victim of the
offence was 18 or over at the time of the offence.”;

(h)25in paragraphs (11) and (12), after “paragraph (10)” insert “or (10A)”.