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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 respondent 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
Mr David Heath
Sandra Gidley
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.'.
Domestic Violence Advocacy Service
Vera Baird
Mr Hilton Dawson
Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
NC30
To move the following Clause:—
'(1) In this section, "Voluntary organisation" means a charity or an organisation operating on a not-for-profit basis.
(2) The Secretary of State shall establish, maintain and develop a national service known as the Domestic Violence Advocacy Service for the purpose of promoting the availability to victims of services of the descriptions specified in subsection (3) and, in particular, for securing (within the resources made available, and priorities set, in accordance with subsection (6)) that victims have access to services that effectively meet their needs.
(3) The descriptions of services referred to in subsection (1) are—
| (a) | the provision of help in developing and implementing a plan for ensuring the safety of the victim and the safety of the children of the victim as a priority; |
| (b) | the provision of general information, relevant to the victim, about the law and legal system and the availability of legal services, |
| (c) | the provision of help by the giving of advice as to how the law applies in the particular circumstances of the victim, |
| (d) | the provision of information as to the availability to the victim of relevant support services offered by other agencies, |
| (e) | the provision of assistance in accessing services relevant to the victim that are offered by other agencies, |
| (f) | the provision of help in relation to legal proceedings, whether in the family, criminal or civil courts. |
(4) The services of the descriptions specified in subsection (3) shall be accessible to victims at any hour and on any day and shall be provided by persons of the same sex as the victim where requested by the victim.
(5) The Secretary of State shall establish and maintain a fund known as the Domestic Violence Advocacy Service Fund from which services of the descriptions specified in subsection (3) shall be funded as part of the Domestic Violence Advocacy Service.
(6) The Secretary of State shall prepare a code setting out the criteria according to which he will decide how to fund services as part of the Domestic Violence Advocacy Service.
(7) When preparing the code referred to in subsection (6) the Secretary of State shall consult all relevant bodies (and, in particular, voluntary organisations) who are able to communicate the views of victims of domestic violence.
(8) The Secretary of State may accredit, or authorise others to accredit, voluntary organisations providing services of the descriptions specified in subsection (3); and any system of accreditation shall include provision for the monitoring of the services provided by accredited organisations and for the withdrawal of accreditation from any providing services of unsatisfactory quality.
(9) The Secretary of State may fund services as part of the Domestic Violence Advocacy Service by—
| (a) | entering into contracts with voluntary organisations for the provision of services by them, |
| (b) | making payments to voluntary organisations in respect of the provision of services by them, |
| (c) | making grants or loans to voluntary organisations to enable them to provide, or facilitate the provision of, services, |
| (d) | establishing and maintaining voluntary organisations to provide, or facilitate the provision of, services, |
| (e) | making grants or loans to individuals to enable them to obtain services, |
| (f) | doing anything else which he considers appropriate for funding services. |
(10) The Secretary of State may by order require accredited bodies providing services of the descriptions specified in subsection (3) to discharge those services in accordance with the order.'.
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