Domestic Abuse Act 2021

The Domestic Abuse Act 2021 is an Act of Parliament of the United Kingdom. The act included provisions necessary to ratify the Istanbul Convention.[1] Much of the content within the Act is still much debated. The Act is intended to help tackle domestic violence in the United Kingdom, which has been referred to as a "silent epidemic."[2] There have been numerous suggestions to address the Act's protection of victims of domestic violence. The United Kingdom has also received criticism for taking eight years to carry out commitments following the Istanbul Convention.

Domestic Abuse Act 2021
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to make provision in relation to domestic abuse; to make provision for and in connection with the establishment of a Domestic Abuse Commissioner; to make provision for the granting of measures to assist individuals in certain circumstances to give evidence or otherwise participate in civil proceedings; to prohibit cross-examination in person in family or civil proceedings in certain circumstances; to make further provision about orders under section 91(14) of the Children Act 1989; to provide for an offence of threatening to disclose private sexual photographs and films with intent to cause distress; to provide for an offence of strangulation or suffocation; to make provision about circumstances in which consent to the infliction of harm is not a defence in proceedings for certain violent offences; to make provision about certain violent or sexual offences, and offences involving other abusive behaviour, committed outside the United Kingdom; and for connected purposes.
Citation2021 c. 17
Introduced byPriti Patel, Home Secretary (3 March 2020) (Commons)
Baroness Williams of Trafford, Minister of State for Home Affairs (7 July 2020) (Lords)
Territorial extent England and Wales, Scotland, and Northern Ireland
Dates
Royal assent29 April 2021
Status: Current legislation
Text of statute as originally enacted
Text of the Domestic Abuse Act 2021 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Act

Definitions

The Act created the first statutory definition of domestic abuse to ensure that "domestic abuse is properly understood, considered unacceptable and actively challenged across statutory agencies and in public attitudes."[3] The Act has created a genderless, broad definition which has not greatly expanded on the pre-existing cross-governmental definition.

The definition is described in Section 1, which states that the behaviour must be "abusive" and the parties involved must be "personally connected" to each other.[4] Section 1(3) describes abusive behaviour as: "physical or sexual abuse; violent or threatening behaviour; controlling or coercive behaviour; economic abuse; psychological, emotional or other abuse; and it does not matter whether the behaviour consists of a single incident or a course of conduct."[4] Section 2 describes relationships which are "personally connected" to each other, which includes relationships where the parties have been or are married, engaged, civil partners, in a relationship, or are related.[4]

This definition has come under criticism by charities preventing violence against women predominantly due to the genderless approach that it has taken.[5] Women are not recognized by the Act as being disproportionately affected by domestic abuse in Britain. Statistics across various sectors and identity groups demonstrate that women are experience higher rates of domestic abuse than men due to historical and "patriarchal dynamics surrounding the use of violence."[6] The Government justified this decision to "ensure that all victims and all types of domestic abuse are sufficiently captured."[7]

Children

The Act defines a child who witness domestic abuse as victims of abuse.[8] This recognize the detrimental effects of children experiencing domestic abuse within the home and how they are classed as the "invisible victims."[9] Section 3 defines "Children as victims of domestic abuse" as an individual under 18 years who "sees or hears, or experiences the effects of the abuse" and is related to both or one of the parties.[10]

Domestic Abuse Protection Orders

The Domestic Abuse Act 2021 created a new Domestic Abuse Protection Order ('DAPO') and Notice ('DAPN') which aims to unify the current protection orders within the UK. This is following aims to offer "maximum protection to all victims" of domestic violence in the UK in order to prevent the violence from recurring in the home.[11]

The United Kingdom currently recognizes four protection orders for victims of domestic abuse: Occupation Orders, Non-molestation Orders, Restraining Orders and Domestic Violence Protection Orders.[12] There is confusion surrounding when these orders apply and what conditions they can impose, with DAPOs and DAPNs seek to address. The new DAPO and DAPN aims to replace the old Domestic Violence Protection Notices and Domestic Violence Protection Orders.[13]

DAPO and DAPN are currently at pilot stage in order to "assess the effectiveness and impact of the new model prior to national roll out."[14]

Domestic Abuse Commissioner

The Act creates a new branch of Government called the Domestic Abuse Commissioner. Their role is to laid out in Part 2, which states that their general function include "good practice in - the prevention of domestic abuse; the prevention, detection, investigation and prosecution of offences involving domestic abuse; the identification of people who carry out domestic abuse, victims of domestic abuse and children affected by domestic abuse; and the provision of protection and support to people affected by domestic abuse."[15] The Commissioner is an independent branch to provide the Government with "independent and objective advice which can be relief upon by statutory agencies and the voluntary sector alike."[16][17]

Cross-examination and domestic abuse

The act includes provisions to prevent cross-examination by those who have been found guilty of certain offences against another, or an injunction for certain actions which the other party has been given the opportunity to challenge for certain actions has been granted, of where there is other evidence for domestic abuse.[18] This applies to criminal proceedings,[18]: 62 civil proceedings,[18]: 64  and family court.[18]: 65 

References
  1. Implementation of the Council of Europe Convention on Combating Violence Against Women and Girls and Domestic Violence (Istanbul Convention) - 2021 Report on Progress. Great Britain. Home Office. [United Kingdom]. 2021. p. 70. ISBN 978-1-5286-2962-1. OCLC 1289304359.{{cite book}}: CS1 maint: location missing publisher (link) CS1 maint: others (link)
  2. Hayes, Derren (2019). "Special Report on Domestic Abuse". Children & Young People Now: 29. doi:10.12968/cypn.2019.12.29. S2CID 253137421.
  3. "Statutory definition of domestic abuse factsheet". Home Office. 17 August 2020. Retrieved 14 April 2021.
  4. "Domestic Abuse Act 2021". Act of 2021. UK Government. Retrieved 13 June 2021.
  5. Oppenheim, Maya (16 July 2019). "Domestic abuse bill condemned for ignoring 'gendered nature' of violence amid austerity cuts". Independent. Retrieved 14 April 2021.
  6. Kelly, Linda (2003). "Disabusing The Definition Of Domestic Abuse: How Women Batter Men And The Role Of The Feminist State". Florida State University Law Review. 30 (4): 816.
  7. "Statutory definition of domestic abuse factsheet". Home Office. 17 August 2020. Retrieved 14 April 2021.
  8. Fiona Simpson (29 April 2021). "Domestic Abuse Bill: Key measures for children and sector reactions". Children & Young People Now. Retrieved 13 June 2021.
  9. "Domestic Abuse Bill: children no longer the 'invisible victims'". Action for Children. 30 June 2020. Retrieved 13 June 2021.
  10. "Domestic Abuse Act 2021". Act of 2021. UK Government. Retrieved 13 June 2021.
  11. Home Office (2003). "Safety and Justice: The Government's Proposals on Domestic Violence (Cmd 5847)": 32. {{cite journal}}: Cite journal requires |journal= (help)
  12. "Crime and Security Act 2010, s.24". Act of 2010. UK Parliament.
  13. "Domestic Abuse Protection Notice/ Orders factsheet". Home Office. 18 May 2021. Retrieved 13 June 2021.
  14. "Domestic Abuse Protection Notices/ Orders factsheet". Home Office. 17 August 2020. Retrieved 14 April 2021.
  15. "Domestic Abuse Act 2021". Act of 2021. UK Parliament.
  16. "Domestic Abuse Commissioner factsheet". Home Office. 18 May 2021. Retrieved 13 June 2021.
  17. "Domestic abuse Commissioner Nicole Jacobs 'relieved' about new law". BBC. 18 September 2019. Retrieved 13 June 2021.
  18. "Domestic Abuse Act 2021, Part 5".
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