Legislation – Domestic Abuse Act 2021

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

7 General functions of Commissioner

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

47 Further provision about appeals

48 Nature of certain proceedings under this Part

49 Special measures for witnesses

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

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

88 Financial provision

90 Commencement

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

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Domestic Abuse Act 2021, Section 28.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 3Powers for dealing with domestic abuse

Domestic abuse protection orders

28Domestic abuse protection orders on application

1

A court may make a domestic abuse protection order under this section against a person (“P”) on an application made to it in accordance with this section.

2

An application for an order under this section may be made by—

a

the person for whose protection the order is sought;

b

the appropriate chief officer of police (see subsection (4));

c

a person specified in regulations made by the Secretary of State;

d

any other person with the leave of the court to which the application is to be made.

3

Where P is given a domestic abuse protection notice by a member of a relevant police force under section 22, the chief officer of police in relation to that force must apply for a domestic abuse protection order against P.

(For further provision about such applications, see section 29.)

4

The appropriate chief officer of police is—

a

in a case where subsection (3) applies, the chief officer of police referred to in that subsection;

b

in any other case, any of the following—

i

the chief officer of police of the force maintained for any police area in which P resides;

ii

the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it;

iii

the Chief Constable of the British Transport Police Force;

iv

the Chief Constable of the Ministry of Defence Police.

5

An application for an order under this section must be made to the family court, except where subsection (6) or (7) applies.

6

An application made by a chief officer of police for an order under this section must be made by complaint to a magistrates’ court.

7

In a case where—

a

P, and the person for whose protection the order is sought, are parties to any family or civil proceedings, and

b

the court would have power to make a domestic abuse protection order under section 31 in those proceedings without an application being made,

an application for an order under this section may be made in those proceedings by the person for whose protection the order is sought.

8

Where an application is made to a magistrates’ court in accordance with this section—

a

the magistrates’ court may adjourn the hearing of the application;

b

on the hearing of the application, section 97 of the Magistrates’ Courts Act 1980 (summons to witness and warrant for arrest) does not apply in relation to the person for whose protection the order is sought, except where the person has given oral or written evidence at the hearing.