Legislation – Domestic Abuse Act 2021

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Introduction

PART 1
Definition of “domestic abuse”

1 Definition of “domestic abuse”

2 Definition of “personally connected”

3 Children as victims of domestic abuse

PART 2
The Domestic Abuse Commissioner

4 Appointment of Commissioner

5 Funding

6 Staff etc

7 General functions of Commissioner

8 Reports

9 Advice and assistance

10 Incidental powers

11 Framework document

12 Advisory Board

13 Strategic plans

14 Annual reports

15 Duty to co-operate with Commissioner

16 Duty to respond to Commissioner’s recommendations

17 Duty to send conclusions of domestic homicide review to Commissioner

18 Disclosure of information

19 Restriction on exercise of functions in individual cases

20 Duty to report on domestic abuse services in England

21 Amendments relating to Commissioner

PART 3
Powers for dealing with domestic abuse

22 Power to give a domestic abuse protection notice

23 Provision that may be made by notices

24 Matters to be considered before giving a notice

25 Further requirements in relation to notices

26 Breach of notice

27 Meaning of “domestic abuse protection order”

28 Domestic abuse protection orders on application

29 Applications where domestic abuse protection notice has been given

30 Remand under section 29(8) of person arrested for breach of notice

31 Domestic abuse protection orders otherwise than on application

32 Conditions for making an order

33 Matters to be considered before making an order

34 Making of orders without notice

35 Provision that may be made by orders

36 Further provision about requirements that may be imposed by orders

37 Further provision about electronic monitoring requirements

38 Duration and geographical application of orders

39 Breach of order

40 Arrest for breach of order

41 Notification requirements

42 Further provision about notification under section 41

43 Offences relating to notification

44 Variation and discharge of orders

45 Variation and discharge: supplementary

46 Appeals

47 Further provision about appeals

48 Nature of certain proceedings under this Part

49 Special measures for witnesses

50 Guidance

51 Data from electronic monitoring: code of practice

52 Powers to make other orders in proceedings under this Part

53 Proceedings not to be subject to conditional fee agreements

54 Consequential amendments of the Sentencing Code

55 Repeal of provisions about domestic violence protection notices and orders

56 Interpretation of Part 3

PART 4
Local authority support

57 Support provided by local authorities to victims of domestic abuse

58 Domestic abuse local partnership boards

59 Annual reports

60 Guidance

61 Interpretation of Part 4

PART 5
Protection for victims, witnesses, etc in legal proceedings

62 Special measures in criminal proceedings for offences involving domestic abuse

63 Special measures in family proceedings: victims of domestic abuse

64 Special measures in civil proceedings: victims of domestic abuse etc

65 Prohibition of cross-examination in person in family proceedings

66 Prohibition of cross-examination in person in civil proceedings

67 Orders under section 91(14) of the Children Act 1989

PART 6
Offences involving abusive or violent behaviour

68 Controlling or coercive behaviour in an intimate or family relationship

69 Threats to disclose private sexual photographs and films with intent to cause distress

70 Strangulation or suffocation

71 Consent to serious harm for sexual gratification not a defence

72 Offences against the person committed outside the UK: England and Wales

73 Offences against the person committed outside the UK: Northern Ireland

74 Amendments relating to offences committed outside the UK

PART 7
Miscellaneous and general

75 Strategy for prosecution and management of offenders

76 Polygraph conditions for offenders released on licence

77 Guidance about the disclosure of information by police forces

78 Homelessness: victims of domestic abuse

79 Grant of secure tenancies in cases of domestic abuse

80 Prohibition on charging for the provision of medical evidence of domestic abuse

81 Review of processing of victims’ personal data for immigration purposes

82 Code of practice

83 Report on the use of contact centres in England

84 Power of Secretary of State to issue guidance about domestic abuse, etc

85 Power to make consequential amendments

86 Power to make transitional or saving provision

87 Regulations

88 Financial provision

89 Extent

90 Commencement

91 Short title

SCHEDULES

SCHEDULE 1 Further provision about remand under section 40

SCHEDULE 2 Strangulation or suffocation: consequential amendments

SCHEDULE 3 Amendments relating to offences committed outside the UK

Changes to legislation:

There are currently no known outstanding effects for the Domestic Abuse Act 2021, SCHEDULE 2. Help about Changes to Legislation

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SCHEDULES

SCHEDULE 2Strangulation or suffocation: consequential amendments

Section 70

Police and Criminal Evidence Act 1984

I11

In section 65A of the Police and Criminal Evidence Act 1984 (qualifying offences for the purposes of Part 5 of that Act), in subsection (2), after paragraph (r) insert—

ra

an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Housing Act 1985

I22

In Schedule 2A to the Housing Act 1985 (absolute ground for possession for anti-social behaviour: serious offences), after paragraph 14 insert—

14A

An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Criminal Justice and Public Order Act 1994

I33

In Part 1 of Schedule 7A to the Criminal Justice and Public Order Act 1994 (offences in England and Wales for which cross-border powers of arrest available), for paragraph 24 substitute—

24

An offence under either of the following provisions of the Serious Crime Act 2015—

a

section 45 (participating in activities of organised crime group);

b

section 75A (strangulation or suffocation).

Crime and Disorder Act 1998

I44

1

Section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults) is amended as follows.

2

In subsection (1), after paragraph (b) (but before the “or” following it) insert—

ba

an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);

3

In subsection (2), for “or (b)” substitute “
, (b) or (ba)
”.

Youth Justice and Criminal Evidence Act 1999

I55

1

Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (proceedings in which witnesses are automatically eligible for assistance on grounds of fear or distress about testifying) is amended as follows.

2

After paragraph 29 insert—

Serious Crime Act 2015

29A

An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation) in a case where it is alleged that—

a

the accused was carrying a firearm or knife at any time during the commission of the offence, and

b

a person other than the accused knew or believed at any time during the commission of the offence that the accused was carrying a firearm or knife.

3

In paragraph 30, after “paragraphs 1 to 8” insert “
and 29A
”.

Sexual Offences Act 2003

I66

In Schedule 5 to the Sexual Offences Act 2003 (cases where sexual harm prevention orders may be made), after paragraph 63B insert—

63C

An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Criminal Justice Act 2003

I77

In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (violent offences specified for purposes of certain custodial sentences), before paragraph 63G insert—

63FA

An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Domestic Violence, Crime and Victims Act 2004

I88

In section 6A of the Domestic Violence, Crime and Victims Act 2004 (evidence and procedure in cases of serious physical harm: England and Wales), in subsection (2), at the end insert—

c

an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Children Act 2004

I99

In section 58 of the Children Act 2004 (reasonable punishment: England), in subsection (2), after paragraph (c) insert—

d

an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Criminal Justice and Immigration Act 2008

I1010

In section 98 of the Criminal Justice and Immigration Act 2008 (violent offender orders), in subsection (3), after paragraph (d) insert—

da

an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);

Modern Slavery Act 2015

I1111

In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence for slavery or trafficking victims under section 45 of that Act does not apply), after paragraph 35 insert—

Serious Crime Act 2015

35A

An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Sentencing Act 2020

I1212

1

The Sentencing Act 2020 is amended as follows.

2

In section 67 (assaults on emergency workers), in subsection (3), after paragraph (a) insert—

aa

an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);

3

In Part 1 of Schedule 18 (violent offences for which extended sentence of imprisonment available), after paragraph 25 insert—

Serious Crime Act 2015

25A

An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).