EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into operation Sections 1 to 27, 30 to 32 and 34 to 35 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c. 2).
This provides for a new domestic abuse offence (including the behaviours and personal connection associated with this and how the connection is to be established), two child aggravators associated with that offence, a statutory aggravation of domestic abuse associated with any other offence (including what amounts to the aggravation, personal connection associated with this and how the connection is to be established), a defence on the grounds of reasonableness, extra-territorial jurisdiction for the new offence, an exception where someone has parental responsibility for a child, alternative offences for conviction and a penalty for the new offence. It also provides for an extension of the child cruelty offence. A number of measures are provided in relation to court, including prohibiting the right to claim trial by jury, automatic eligibility for consideration of special measures at court and prohibiting cross-examination by the accused. Provision is also made in relation to information sharing with schools where there has been an incident of domestic abuse, guidance related to domestic abuse and data collection, training that is to be provided and reporting on the operation of the Act.
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