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NOTICES OF AMENDMENTS

given on

Thursday 22nd July 2004


CONSIDERATION OF BILL

DOMESTIC VIOLENCE, CRIME AND VICTIMS BILL [LORDS], AS AMENDED


Parental contact with children after separation in cases involving ill-treatment of the child or another person (No. 1).

   

Mr Hilton Dawson

NC1

To move the following Clause:—

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

    "(8A)   Allegations of ill-treatment made in section 8 proceedings

    (1)   Where it is alleged that a party to the proceedings has inflicted ill-treatment on the child or on another person, the Court shall, as soon as practicable, determine on the basis of the evidence presented to it by or on behalf of the parties to the proceedings, whether the allegation of ill-treatment is proved.

    (2)   Where the Court is satisfied that a party to the proceedings (in this section referred to as the abusive party) has inflicted ill-treatment on the child or on another person, the Court shall not—

(a) make any order granting the abusive party residence of the child; or

(b) make any order granting the abusive party contact (other than supervised contact) with that child, unless the child wants to see the abusive party and the Court is satisfied that the child will be safe while the abusive party has residence of or contact with the child.

    (3)   Notwithstanding subsection 8A(i), where in any section 8 proceedings,

(a) the court is unable to determine on the basis of the evidence presented to it by or on behalf of the parties to the proceedings whether or not an allegation of ill-treatment is proved; but

(b) the Court is satisfied that there is a risk of harm to the child, the Court may make any order under this Act that it considers necessary to protect the child.".'.

Parental contact with children after separation in cases involving ill-treatment of the child or another person (No. 2).

   

Mr Hilton Dawson

NC2

To move the following Clause:—

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

       "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-treatment 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 party 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, and 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 matters as the court considers relevant.".'.

   

Mr Mr David Heath
Sandra Gidley

1

Page     5,     line     36     [Clause     9],     leave out 'aged 16 or over' and insert—

 '(other than a person aged 16 or under in respect of whom a Serious Case Review has been undertaken)'.

   

Mr Mr David Heath
Sandra Gidley

2

Page     75,     line     3     [Schedule     9],     at end insert—

    '( ) The Police Service of Northern Ireland'.

   

Mr David Heath
Sandra Gidley

3

Page     75,     line     3     [Schedule     9],     at end insert—

    '( ) The United Kingdom Atomic Energy Authority Constabulary'.

   

Mr David Heath
Sandra Gidley

4

Page     75,     line     3     [Schedule     9],     at end insert—

    '( ) Any authority that is maintaining a body of constables in England, Wales or Northern Ireland.'.

   

Mr David Heath
Sandra Gidley

5

Page     29,     line     38     [Clause     43],     at end insert—

'(d) ensure that the Domestic Violence Advocacy Service established under section ( ) is maintained in each local justice area;

(e) make a report to the Secretary of State on the operation of the Domestic Violence Advocacy Service, and in particular—

(a) the accessibility of services offered to victims of crime;

(b) the adequacy of resources made available through the Domestic Violence Advocacy Service Fund for the purposes; and

(c) any other matters related to the provision of services to victims of domestic violence.'.

   

Mr David Heath
Sandra Gidley

6

Page     75,     line     14     [Schedule     9],     after 'court', insert '(including a court martial)'.

   

Mr David Heath
Sandra Gidley

7

Page     7,     line     20     [Clause     12],     after 'heard', insert 'on the making of an order under this Act and'.

   

Mr David Heath
Sandra Gidley

8

Page     11,     line     32     [Clause     17],     leave out sub-section (9).

   

Mr David Heath
Sandra Gidley

9

Page     11,     line     39     [Clause     17],     leave out 'and' and insert—

'(b) evidence in respect of each count is admissible at the trial of the sample count, and'.

   

Mr David Heath
Sandra Gidley

10

Page     3,     line     17     [Clause     5],     at end insert—

    '( )   For the purposes of subsection (1)(d)(ii), in determining the reasonableness of the steps which D could have been expected to take, the court shall have particular regard to the extent to which D has been subjected to domestic violence or is in fear of being subjected to domestic violence.'.

   

Mr David Heath
Sandra Gidley

11

Page     10,     line     29     [Clause     16],     leave out from 'driving' to end of line 31.

   

Mr David Heath
Sandra Gidley

12

Page     3,     line     4     [Clause     5],     after 'dies', insert 'or is seriously harmed'.

   

Mr David Heath
Sandra Gidley

13

Page     3,     line     11     [Clause     5],     after 'death', insert 'or serious harm'.

   

Mr David Heath
Sandra Gidley

14

Page     3,     line     22     [Clause     5],     at end insert 'or serious harm'.

   

Mr David Heath
Sandra Gidley

15

Page     3,     line     32     [Clause     5],     at end insert 'or serious harm'.

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

   

Mr David Heath
Sandra Gidley

NC3

To move the following Clause:—

    '(1)   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) is amended as follows.

    (2)   After subsection (4) insert—

"(4A) Where the complainant in respect of proceedings relating to any form of molestation, including violence, involving a 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 'associated 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.".'.

   

Mr David Heath
Sandra Gidley

16

Page     33,     line     15     [Clause     50], at end insert—

    '( )   The Secretary of State may exempt victims of domestic violence and their dependants who are subject to immigration control from the restriction on public funds to enable them to access emergency accommodation and living costs, and may recover such funds from the sponsor (as defined by section 113 of the Immigration and Asylum Act 1999) of the victim.'

.Effect of Immigration Rules

   

Mr David Heath
Sandra Gidley

NC4

To move the following Clause:—

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

   

Mr David Heath
Sandra Gidley

17

Page     2,     line     43     [Clause     4],     leave out 'significant duration' and insert 'such significance as to justify the making of an order'.

Use of recovery orders

   

Mr David Heath
Sandra Gidley

NC5

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.'.

 
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Prepared 22 Jul 2004