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Domestic Abuse Bill - Sitting 6 (Afternoon)

10 June 2020

Proposing MP
Jess Phillips Lab
Birmingham Yardley
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses the legal framework for dealing with breaches of domestic abuse notices and the potential consequences for both victims and perpetrators. The statement discusses Clause 25 of the Domestic Abuse Bill, which outlines who can apply for a Domestic Abuse Protection Order (DAPO) and to which courts these applications should be made. The statement discusses Clause 28 of the Domestic Abuse Bill, which allows courts to issue a domestic abuse protection order (DAPO) during other ongoing proceedings unrelated to domestic abuse. Jess Phillips discusses the importance of allowing courts to issue domestic abuse prevention orders upon acquittal and highlights concerns about monitoring their use. Jess Phillips questions whether a child's opinion might be sought in cases where an order includes conditions related to premises lived in by the victim. The statement discusses provisions in the Domestic Abuse Bill allowing courts to make emergency protection orders without prior notice to alleged abusers when necessary for urgent protection of victims. Jess Phillips is proposing amendments to Clause 33 of the Domestic Abuse Bill to specify requirements for domestic abuse protection orders (DAPOs) and ensure that interventions addressing abusive behavior meet published standards. The statement discusses the need for quality assurance in domestic abuse prevention orders (DAPOs) to ensure that perpetrators attend effective behaviour change interventions. Jess Phillips discusses the importance of external accreditation for domestic abuse perpetrator programmes to ensure quality delivery and reduce costs associated with abuse. Jess Phillips discusses the need for a strategic approach to perpetrator programmes in the context of the Domestic Abuse Bill. The MP discusses the importance of consistent and credible domestic abuse perpetrator programmes and proposes an approach that ensures quality assurance across all such programmes, not just those imposed by a Domestic Abuse Prevention Order (DAPO). Jess Phillips discusses the Domestic Abuse Bill and seeks clarification on the Government's commitment to developing a standardised approach for perpetrator programmes. The statement discusses amendments to the Domestic Abuse Bill related to electronic monitoring requirements and updates references in the bill to reflect changes made by the Sentencing Act 2020. The statement discusses amendments to the Domestic Abuse Bill, specifically addressing clauses that deal with notification requirements for perpetrators and penalties for breaching these requirements. The statement discusses Clause 47 of the Domestic Abuse Bill which requires the Government to issue statutory guidance on new domestic abuse protection orders and notices. The statement is about the progress and adjournment of discussions on various clauses of the Domestic Abuse Bill.

Action Requested

Victoria Atkins clarifies that when a perpetrator is alleged to have breached their notice, strong measures such as arrest without warrant and holding in custody are available. She also emphasizes the importance of these provisions in safeguarding victims and providing confidence and respite to them. The clause defines domestic abuse protection orders (DAPOs) and outlines their purpose.

Key Facts

  • Clause 23 relates to a perpetrator who is alleged to have breached the grounds of their notice.
  • A person arrested under this clause must be held in custody within 24 hours or before attending court.
  • The police are granted an additional power of entry when arresting someone for breach of notice.
  • Clause 25 sets out who can apply for a DAPO: victim, police, relevant third party specified in regulations, or any other person with the leave of the court.
  • The clause outlines which police force should lead on an application for a DAPO based on where the perpetrator resides or intends to come into.
  • The clause allows applications to be made by victims during certain proceedings in family and civil courts.
  • Clause 28 allows family courts to issue a DAPO during child contact proceedings if domestic abuse is raised.
  • Criminal courts can issue a DAPO on either conviction or acquittal, extending protection beyond sentence duration.
  • Civil courts will have the power to make DAPOs in specified civil proceedings where issues of domestic abuse are likely to be revealed.
  • The court can issue an order on acquittal in domestic abuse cases.
  • Data collection is currently lacking on how often these orders are used nationally.
  • A review mechanism and data gathering are proposed to monitor the use of orders.
  • Clause 30 sets out matters to be considered before making an order.
  • The court must consider the welfare of any person under the age of 18, whose interests are relevant.
  • The victim's opinion on whether the order should be made is also a consideration.
  • Clause 31 enables emergency protection orders without prior notice when urgent.
  • Courts must consider risks to victims if orders are not made immediately.
  • Guidance is recommended to explicitly include workplace protections.
  • Amendment 51 aims to modify Clause 33.
  • New clause 26 requires publishing statutory standards for DAPO interventions within 12 months of royal assent and reviewing them every three years.
  • New clause 27 mandates a comprehensive perpetrator strategy including identification, assessment, rehabilitation programmes, and tackling abusive attitudes.
  • The Bill establishes domestic abuse prevention orders (DAPOs).
  • An estimated need for 15,200 extra places on behaviour change programmes could arise.
  • No current proposals exist to ensure these interventions meet minimum standards.
  • The cost of domestic abuse victim abuse identified in a single year is £66 billion.
  • Only 1% of high-risk perpetrators receive specialist intervention.
  • A study by the University of Bristol shows a 30% reduction in criminal domestic violence incidents among perpetrators receiving an intervention.
  • Survivors support perpetrator programmes, with 80% advising on a call to action for a coordinated strategy.
  • The Government’s impact assessment estimates that DAPOs will generate a need for 15,200 extra places on behaviour change and drug and alcohol problem programmes.
  • The Bill lacks provisions for a strategic approach to perpetrator programmes.
  • There is emerging good practice in areas that could prevent abuse if supported by government guidance and funding.
  • During the coronavirus crisis, some police forces have been able to use DVPOs more effectively.
  • £10 million announced by the Chancellor for developing new interventions for domestic abuse perpetrators.
  • A pilot DAPO programme will be conducted in a small number of areas before national rollout, expected to last approximately two years.
  • Clause 66(5) allows the Secretary of State to revise guidance under the Act as understanding and expertise evolve.
  • Jess Phillips is discussing new clause 27 on the perpetrator strategy.
  • The Government has committed £10 million from the Budget for preventive work with perpetrators.
  • Pilot Domestic Abuse Perpetrator Orders (DAPOs) are being developed to test approaches.
  • Clause 34 sets out circumstances for imposing electronic monitoring requirements.
  • Amendment 31 updates references to section 154(1) of the Criminal Justice Act 2003 with paragraph 24(2) of Schedule 22 to the Sentencing Act 2020.
  • Clause 36 provides that a breach of a DAPO is a criminal offence and prevents conditional discharge for such offences.
  • Clause 38 provides notification requirements on the perpetrator of a DAPO.
  • Perpetrators must provide their name, aliases, home address, and any changes to these details within three days.
  • The Home Secretary has the power to specify further notification requirements through regulations.
  • Clause 47 requires the Government to issue statutory guidance on new domestic abuse protection orders and notices.
  • A review must be conducted within 12 months of the Act being passed, considering data on effectiveness and stakeholder views.
  • The Secretary of State must consult with the Domestic Abuse Commissioner and other organisations before issuing or revising guidance.
  • Further consideration ordered to be adjourned till Thursday 11 June.
  • No single speaker or MP is mentioned in the provided transcript.
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