Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Dealing with domestic abuse: draft Bill published

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Given all the time and attention devoted to Brexit, it is perhaps not surprising that important policy initiatives have not been achieving the publicity they deserve. A good example of this was the publication, in January 2019, of a draft Domestic Abuse Bill.

Domestic abuse is a cruel and complex crime that can affect anyone. It leaves physical and emotional scars that can last a lifetime. It also places a considerable demand on public services . Home Office research estimates the economic and social costs of domestic abuse to society to be £66 billion for victims in 2016 to 2017.

A consultation, launched in March 2018  asked questions on policy should develop to d achieve 4 main objectives:

  • promote awareness – to  raise public and professional awareness
  • protect and support – to enhance the safety of victims and the support that they receive
  • transform the justice process – to prioritise victim safety in the criminal and family courts, and review the perpetrator journey from identification to rehabilitation
  • improve performance – to drive consistency and better performance in the response to domestic abuse across all local areas, agencies and sectors.

Following the consultation, the Government has defined 9 measures that require legislative change – which is the focus of the draft Bill. They are:

  • create a statutory definition of domestic abuse
  • establish the office of Domestic Abuse Commissioner and set out the commissioner’s functions and powers
  • provide for a new Domestic Abuse Protection Notice and Domestic Abuse Protection Order
  • prohibit perpetrators of domestic and other forms of abuse from cross-examining their victims in person in the family courts (and prevent victims from having to cross-examine their abusers) and give the court discretion to prevent cross-examination in person where it would diminish the quality of the witness’s evidence or cause the witness significant distress
  • create a statutory presumption that complainants of an offence involving behaviour that amounts to domestic abuse are eligible for special measures in the criminal courts
  • enable high-risk domestic abuse offenders to be subject to polygraph testing as a condition of their licence following their release from custody
  • place the guidance supporting the Domestic Violence Disclosure Scheme on a statutory footing
  • ensure that, where a local authority, for reasons connected with domestic abuse, grants a new secure tenancy to a social tenant who had or has a secure lifetime or assured tenancy (other than an assured shorthold tenancy), this must be a secure lifetime tenancy
  • extend the extra-territorial jurisdiction of the criminal courts in England and Wales to further violent and sexual offences.

As the Bill has been published in draft, it is unlikely to become law until 2020 at the earliest.

For further detail see https://www.gov.uk/government/publications/domestic-abuse-consultation-response-and-draft-bill

The Home Office research is at https://www.gov.uk/government/publications/the-economic-and-social-costs-of-domestic-abuse

Information on the Domestic Violence Disclosure Scheme and related guidance (which was updated in December 2016) is available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/575361/DVDS_guidance_FINAL_v3.pdf

 

 

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Written by lwtmp

March 15, 2019 at 10:27 am

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