Amendments proposed to the Domestic Violence, Crime and Victims Bill [Lords] - continued House of Commons

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Restraining orders on conviction or acquittal of an offence arising out of domestic violence

   

Mr David Heath
Sandra Gidley

NC11

To move the following Clause:—

    '(1)   Any order granted under section 5 or 5A after conviction or acquittal of an offence arising out of domestic violence shall be a temporary order.

    (2)   On the making of a temporary order under this section, the court shall adjourn further hearing to the Family Proceedings Court or the County Court.

    (3)   The person or persons for whose benefit the temporary order has been made shall be entitled to be heard and represented by a family lawyer at the adjourned hearing, and may lead, as further evidence, any evidence that would be admissible in proceedings under section 3.

    (4)   Domestic violence may include, but is not restricted to—

      (a) actual or threatened physical, verbal, sexual, psychological or emotional abuse;

      (b) intimidation, harassment or stalking;

      (c) actual or threatened damage to property;

      (d) threats of harm to or restriction of access to others, including children;

      (e) unwarranted restriction of or interference with access to money, personal items, food, transportation and communication; or

      (f) restriction of freedom of movement or access to potential sources of support;

       by a person or his or her agent towards a cohabitant, relevant child or associated person as defined in section 62 of the Family Law Act 1996 (meaning of "cohabitants", "Relevant Child" and "associated Persons") and may be a single act or a number of acts forming a pattern of abusive behaviour.

    (5)   Abuse has occurred if the defendant causes a relevant child to witness or puts a relevant child at risk of witnessing the abuse of an associated person.

    (6)   The victim is not to be regarded for the purposes of subsection (3) as having caused or allowed the child to see or hear abuse or, as the case may be, as having put the child, or allowed the child to be put, at risk of seeing or hearing the abuse.'.


Duration of occupation orders

   

Mr David Heath
Sandra Gidley

NC12

To move the following Clause:—

    '(1)   In Part 4 of the Family Law Act 1996 (c. 27) (family homes and domestic violence), for section 35(10) (one former spouse with no existing right to occupy) substitute—

      "(10) An order under this section shall be limited so as to have effect for a specified period of six months, but may be extended on two occasions for a further period of six months unless an application is made to discharge the order."

    (2)   For section 36(10) (one cohabitant or former cohabitant with no existing right to occupy) substitute—

      "(10) An order under this section shall be limited so as to have effect for a specified period of six months, but may be extended on two occasions for a further period of six months unless an application is made to discharge the order."

    (3)   For section 37(5) (neither spouse entitled to occupy) substitute—

      "(5) An order under this section shall be limited so as to have effect for a specified period of six months, but may be extended on two occasions for a further period of six months unless an application is made to discharge the order."

    (4)   For section 38(6) (neither cohabitant or former cohabitant entitled to occupy) substitute—

      "(6) An order under this section shall be limited so as to have effect for a specified period of six months, but may be extended on two occasions for a further period of six months unless an application is made to discharge the order."


Use of recovery orders

   

Mr David Heath
Sandra Gidley

NC13

To move the following Clause:—

       'In Part I of the Family Law Act 1986 (c. 55) (child custody), after section 34 insert—

     "34A Use of recovery orders in cases involving either allegations of domestic violence or a potential risk to the child

    (1)   If an applicant claims that their partner has abducted a child of the family, the court may grant a recovery order if the applicant already has a residence order in their name.

    (2)   If there is no residence order in favour of either parent, the court may grant a recovery order.

    (3)   The recovery order will require both parties to attend court within 24 hours of the discovery of the child, or the first working day thereafter.

    (4)   Before returning the child to the applicant or giving the applicant any information as to the whereabouts of the child, the police must—

      (a) check their records to see whether either party has committed acts of violence;

      (b) check to see whether either party is included on the register of domestic violence perpetrators;

      (c) having located the child without notifying the applicant of the child's whereabouts, make enquiries with regard to the child's welfare.

    (5)   If records show that the applicant has a history of violence or the police have concerns about the welfare of the child if the child is returned to the applicant, the police will—

      (a) not remove the child from the respondent;

      (b) advise the respondent to seek legal representation;

      (c) notify the court of their action immediately.

    (6)   If there is no record of violence and no reason to believe that the defendant or the child is at risk, the police will return the child to the applicant.

    (7)   Ex parte residence or contact orders should only be made if there is evidence that a party is wilfully refusing to attend court.".'.


Effect of immigration rules

   

Mr David Heath
Sandra Gidley

NC14

To move the following Clause:—

       'The Commissioner shall have regard to the effect of the Immigration Rules on victims of domestic violence.'.


Provision of explanations to victims

   

Mr Harry Barnes

NC16

To move the following Clause:—

    '(1)   In any case since the revision of the Victims Charter in 1996 where a prosecuting authority decides—

      (a) not to charge a person with a criminal offence,

      (b) not to proceed with a criminal charge, or

      (c) to charge a person with a lesser offence,

       it shall provide the victim with an explanation.

    (2)   The provisions of subsection (1) have effect notwithstanding any other enactment, any claim to legal professional privilege or the provisions of any code issued under section 21.

    (3)   An authority which fails to comply with subsection (1) shall be liable to civil proceedings.'.


Register of Orders

   

Mr David Heath
Sandra Gidley

NC17

To move the following Clause:—

    '(1)   The Secretary of State shall cause to be prepared and maintained a register of occupation or non-molestation orders made under Part 4 of the Family Act 1996 (c. 27) (family homes and domestic violence) in a form appropriate to the purposes of ready inspection by any police constable.

    (2)   A court on making an order shall cause a certified copy to be sent to the Secretary of State for inclusion in the register.'.


Definition of manslaughter

   

Vera Baird

NC22

To move the following Clause:—

    '(1)   Unlawful homicide that would otherwise be murder should instead be manslaughter if the defendant acted in response to—

      (a) gross provocation (meaning words or conduct or a combination of words and conduct which caused the defendant to have a justifiable sense of being seriously wronged); or

      (b) fear of serious violence towards the defendant or another, or

      (c) a combination of (a) and (b); and

       a person of the defendant's age and of ordinary temperament, ie ordinary tolerance and self-restraint, in the circumstances of the defendant might have reacted in the same or a similar way.

    (2)   In deciding whether a person of the defendant's age and of ordinary temperament in the circumstances of the defendant might have acted in the same or a similar way, the court should take into account all the circumstances of the defendant other than matters (apart from his or her age) which bear only on his or her general capacity for self-control.

    (3)   The partial defence should not apply where—

      (a) the provocation was incited by the defendant for the purpose of providing an excuse to use violence, or

      (b) the defendant acted in pre-meditated desire for revenge.

    (4)   A person should not be treated as having acted in pre-meditated desire for revenge if he or she acted in fear of serious violence, merely because he or she was also angry towards the deceased for the conduct which engendered that fear.

    (5)   A judge should not be required to leave the defence to the jury unless there is evidence on which a reasonable jury, properly directed, could conclude that it might apply.'.



ORDER OF THE HOUSE [14th JUNE 2004]

That the following provisions shall apply to the Domestic Violence, Crime and Victims Bill [Lords]:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 6th July 2004.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day.

    6.   Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further message from the Lords) may be programmed.



 
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Prepared 18 Jun 2004