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

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Courts-martial etc

   

Paul Goggins

NC38

To move the following Clause:—

'Schedule (Unfitness to stand trial and insanity: courts-martial etc) (unfitness to stand trial and insanity: courts-martial etc) has effect.'.


Removal of anomalies in relation to cohabitants

   

Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown

NC1

To move the following Clause:—

       'Part 4 of the Family Law Act 1996 is amended as follows.

    (1)   Leave out section 41

    (2)   For section 35(10) substitute—

 "An order under this section may, in so far as it has continuing effect, be made for a specified period, until the occurence of a specified event or until further order".

    (3)   For section 36(10) substitute—

 "An order under this section may, in so far as it has continuing effect, be made for a specified period, until the occurence of a specified event or until further order".

    (4)   For section 37(5) substitute—

 "An order under this section may, in so far as it has continuing effect, be made for a specified period, until the occurence of a specified event or until further order".'.

    (5)   For section 38(6) substitute—

 "An order under this section may, in so far as it has continuing effect, be made for a specified period until the occurence of a specified event or until further order;".'.


Amendments to the Youth Justice and Criminal Evidence Act 1999 to extend the category of witnesses eligible for assistance on grounds of fear or distress about testifying

   

Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
Mr David Heath
Sandra Gidley

NC2

To move the following Clause:—

       'In section 17 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (witnesses eligible for assistance on grounds of fear or distress about testifying) after subsection (4) insert—

    "(4A)   Where the complainant in respect of proceedings relating to any form of molestation, including violence, involving the complainant, a cohabitant, a relevant child or associated persons, is a witness in such proceedings, the witness is eligible for assistance in relation to those proceedings by virtue of this subsection unless the witness has informed the court of the witness' wish not to be so eligible by virtue of this subsection.

    (4B)   For the purposes of this subsection, 'cohabitant', 'relevant child' and 'asssociated persons' mean a person as defined by section 62 of the Family Law Act 1996 (c.27) (meaning of "cohabitants", "relevant child" and "associated person") as amended by sections 2 and 3 of this Act".'.


Definition of domestic violence

   

Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
Mr Hilton Dawson

NC3

To move the following Clause:—

       Before section 30 in Part 4 of the Family Law Act 1996 (c.27) (Family Homes and Domestic Violence) insert—

    "30A                                 Definition of domestic violence

    (1)   In this Act, and in any other family proceedings, 'domestic violence', in relation to any person, means violence against that person by any other person with whom that person is, or has been, in a domestic relationship.

    (2)   In this section, 'violence' means

(a) physical abuse;

(b) sexual abuse;

(c) psychological or emotional abuse, including, but not limited to,

(i) intimidation;

(ii) harassment;

(iii) damage to property;

(iv) threats of physical abuse, sexual abuse or psychological abuse;

(v) in relation to a child, abuse of the kind set out in subsection (3) of this section.

    (3)   Without limiting subsection (2)(c) of this section, a person psychologically abuses a child if that person

(a) causes or allows the child to see or hear the physical, sexual or psychological abuse of a person with whom the child has a domestic relationship; or

(b) puts that child, or allows the child to be put, at real risk of seeing or hearing that abuse occurring; but the person who suffers that abuse is not regarded, for the purposes of this subsection, as having caused or allowed the child to see or hear the 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.

    (4)   Without limiting subsection (2) of this section;.

(a) a single act may amount to abuse for the purposes of that subsection;

(b) a number of acts that form part of a pattern of behaviour may amount to abuse for that purpose, even though some or all of those acts, when viewed in isolation, may appear to be minor or trivial.

    (5)   Behaviour may be psychological abuse for the purposes of subsection (2)(c) of this section which does not involve actual or threatened physical or sexual abuse.".'.


Mandatory risk assessment checklist

   

Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown

NC8

To move the following new Clause:—

       'After section 8 in Part II of the Children 1989 insert—

    "8B   Mandatory risk assessment checklist

    (1)   When determining whether the child will be safe if contact or residence is granted to the abusive party, the court shall, so far as is practicable, have regard to the following matters—

(a) the nature and severity of the ill-treatment;

(b) how recently the ill-treatment occurred;

(c) the frequency of the ill-treatment;

(d) the risk of further ill-treament occurring;

(e) the physical, sexual or emotional harm inflicted on the child or harm suffered by the child as a result of seeing or hearing ill-treatment of another person;

(f) whether the other party to the proceedings

(i) considers that the child will be safe while the abusive part has residence of, or contact with, the child; and

(ii) consents to the abusive party having residence of, or contact with, the child;

(g) the wishes of the child, if the child is able to express them, having regard to the age and maturity of the child;

(h) any steps taken by the abusive party to prevent further ill-treatment from occurring;

(i) any other matters as the court considers relevant.".'.


Definition of domestic relationship

   

Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
Mr Hilton Dawson

NC9

To move the following Clause:—

    '(1)   For the purposes of this Act, a person is in a domestic relationship with another person, if the person—

(a) is a partner of the other person; or

(b) is a family member of the other person; or

(c) ordinarily shares a household with the other person; or

(d) has a close personal relationship with the other person.

    (2)   For the purposes of subsection (1)(c) of this section, a person is not regarded as sharing a household with another person by reason only of the fact that—

(a) the person has—

(i) a landlord-tenant relationship; or

(ii) an employer-employee relationship; or

(iii) an employee-employee relationship—

 with that other person; and

(b) they occupy a common dwellinghouse (whether or not other people also occupy that dwellinghouse).

    (3)   For the purposes of subsection (1)(d) of this section, a person is not regarded as having a close personal relationship with another person by reason only of the fact that the person has—

(a) an employer-employee relationship; or

(b) an employee-employee relationship—

       with that other person.

    (4)   With limiting the matters to which a Court may have regard in determining, for the purposes of subsection (1)(d) of this section, whether a person has a close personal relationship with another person, the Court must have regard to—

(a) the nature and intensity of the relationship, and in particular—

(i) the amount of time the persons spend together;

(ii) the place or places where that time is ordinarily spent;

(iii) the manner in which that time is ordinarily spent;—

 but it is not necessary for there to be a sexual relationship between the persons:

(b) the duration of the relationship.'.


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 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.'.


 
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Prepared 29 Jun 2004