Domestic Abuse Act 2021

1. Introductory Text

2. PART 1 Definition of “domestic abuse”

   1. 1. Definition of “domestic abuse”

   2. 2. Definition of “personally connected”

   3. 3. Children as victims of domestic abuse

3. PART 2 The Domestic Abuse Commissioner

   1. Domestic Abuse Commissioner

      1. 4. Appointment of Commissioner

      2. 5. Funding

      3. 6. Staff etc

   2. Functions of Commissioner

      1. 7. General functions of Commissioner

      2. 8. Reports

      3. 9. Advice and assistance

      4. 10. Incidental powers

   3. Framework document

      1. 11. Framework document

   4. Advisory Board

      1. 12. Advisory Board

   5. Strategic plans and annual reports

      1. 13. Strategic plans

      2. 14. Annual reports

   6. Duties of public authorities in relation to Commissioner

      1. 15. Duty to co-operate with Commissioner

      2. 16. Duty to respond to Commissioner's recommendations

      3. 17. Duty to send conclusions of domestic homicide review to Commissioner

   7. Disclosure of information

      1. 18. Disclosure of information

   8. Miscellaneous and supplementary

      1. 19. Restriction on exercise of functions in individual cases

      2. 20. Duty to report on domestic abuse services in England

      3. 21. Amendments relating to Commissioner

4. PART 3 Powers for dealing with domestic abuse

   1. Domestic abuse protection notices

      1. 22. Power to give a domestic abuse protection notice

      2. 23. Provision that may be made by notices

      3. 24. Matters to be considered before giving a notice

      4. 25. Further requirements in relation to notices

      5. 26. Breach of notice

   2. Domestic abuse protection orders

      1. 27. Meaning of “domestic abuse protection order”

      2. 28. Domestic abuse protection orders on application

      3. 29. Applications where domestic abuse protection notice has been given

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

      5. 31. Domestic abuse protection orders otherwise than on application

      6. 32. Conditions for making an order

      7. 33. Matters to be considered before making an order

      8. 34. Making of orders without notice

      9. 35. Provision that may be made by orders

      10. 36. Further provision about requirements that may be imposed by orders

      11. 37. Further provision about electronic monitoring requirements

      12. 38. Duration and geographical application of orders

      13. 39. Breach of order

      14. 40. Arrest for breach of order

      15. 41. Notification requirements

      16. 42. Further provision about notification under section 41

      17. 43. Offences relating to notification

      18. 44. Variation and discharge of orders

      19. 45. Variation and discharge: supplementary

      20. 46. Appeals

      21. 47. Further provision about appeals

      22. 48. Nature of certain proceedings under this Part

      23. 49. Special measures for witnesses

   3. Notices and orders: supplementary

      1. 50. Guidance

      2. 51. Data from electronic monitoring: code of practice

      3. 52. Powers to make other orders in proceedings under this Part

      4. 53. Proceedings not to be subject to conditional fee agreements

      5. 54. Consequential amendments of the Sentencing Code

      6. 55. Repeal of provisions about domestic violence protection notices and orders

      7. 56. Interpretation of Part 3

5. PART 4 Local authority support

   1. 57. Support provided by local authorities to victims of domestic abuse

   2. 58. Domestic abuse local partnership boards

   3. 59. Annual reports

   4. 60. Guidance

   5. 61. Interpretation of Part 4

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

   1. Special measures

      1. 62. Special measures in criminal proceedings for offences involving domestic abuse

      2. 63. Special measures in family proceedings: victims of domestic abuse

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

   2. Prohibition of cross-examination in person

      1. 65. Prohibition of cross-examination in person in family proceedings

      2. 66. Prohibition of cross-examination in person in civil proceedings

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

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

7. PART 6 Offences involving abusive or violent behaviour

   1. Controlling or coercive behaviour

      1. 68. Controlling or coercive behaviour in an intimate or family relationship

   2. Disclosure of private sexual photographs and films

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

   3. Offences against the person

      1. 70. Strangulation or suffocation

      2. 71. Consent to serious harm for sexual gratification not a defence

   4. Offences committed outside the UK

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

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

      3. 74. Amendments relating to offences committed outside the UK

8. PART 7 Miscellaneous and general

   1. Prosecution and management of offenders

      1. 75. Strategy for prosecution and management of offenders

      2. 76. Polygraph conditions for offenders released on licence

   2. Disclosure of information by police

      1. 77. Guidance about the disclosure of information by police forces

   3. Homelessness

      1. 78. Homelessness: victims of domestic abuse

   4. Secure tenancies

      1. 79. Grant of secure tenancies in cases of domestic abuse

   5. Medical evidence of domestic abuse

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

   6. Data processing for immigration purposes

      1. 81. Review of processing of victims' personal data for immigration purposes

      2. 82. Code of practice

   7. Contact centres

      1. 83. Report on the use of contact centres in England

   8. Guidance

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

   9. Powers to make consequential or transitional provision, etc

      1. 85. Power to make consequential amendments

      2. 86. Power to make transitional or saving provision

   10. Final provisions

       1. 87. Regulations

       2. 88. Financial provision

       3. 89. Extent

       4. 90. Commencement

       5. 91. Short title

9. SCHEDULES

   1. SCHEDULE 1

      Further provision about remand under section 40

      1. Introductory

         1. 1. This Schedule applies where a court has power to remand...

      2. Remand in custody or on bail

         1. 2. (1) The court may remand P in custody or on...

         2. 3. (1) Where P is remanded on bail, the court may...

         3. 4. (1) The court may not remand P for a period...

      3. Remand for medical examination and report

         1. 5. (1) If the court has reason to suspect that a...

      4. Further remand

         1. 6. (1) If the court is satisfied that a person (“P”)...

      5. Postponement of taking of recognizance

         1. 7. Where under paragraph 2(3)(b) the court fixes the amount in...

      6. Requirements imposed on remand on bail

         1. 8. The court may, when remanding a person on bail in...

   2. SCHEDULE 2

      Strangulation or suffocation: consequential amendments

      1. Police and Criminal Evidence Act 1984

         1. 1. In section 65A of the Police and Criminal Evidence Act...

      2. Housing Act 1985

         1. 2. In Schedule 2A to the Housing Act 1985 (absolute ground...

      3. Criminal Justice and Public Order Act 1994

         1. 3. In Part 1 of Schedule 7A to the Criminal Justice...

      4. Crime and Disorder Act 1998

         1. 4. (1) Section 29 of the Crime and Disorder Act 1998...

      5. Youth Justice and Criminal Evidence Act 1999

         1. 5. (1) Schedule 1A to the Youth Justice and Criminal Evidence...

      6. Sexual Offences Act 2003

         1. 6. In Schedule 5 to the Sexual Offences Act 2003 (cases...

      7. Criminal Justice Act 2003

         1. 7. In Part 1 of Schedule 15 to the Criminal Justice...

      8. Domestic Violence, Crime and Victims Act 2004

         1. 8. In section 6A of the Domestic Violence, Crime and Victims...

      9. Children Act 2004

         1. 9. In section 58 of the Children Act 2004 (reasonable punishment:...

      10. Criminal Justice and Immigration Act 2008

          1. 10. In section 98 of the Criminal Justice and Immigration Act...

      11. Modern Slavery Act 2015

          1. 11. In Schedule 4 to the Modern Slavery Act 2015 (offences...

      12. Sentencing Act 2020

          1. 12. (1) The Sentencing Act 2020 is amended as follows.

   3. SCHEDULE 3

      Amendments relating to offences committed outside the UK

      1. PART 1 England and Wales

         1. Protection from Harassment Act 1997

            1. 1. In the Protection from Harassment Act 1997, after section 4A...

         2. Sexual Offences Act 2003

            1. 2. (1) The Sexual Offences Act 2003 is amended as follows....

         3. Serious Crime Act 2015

            1. 3. In the Serious Crime Act 2015, after section 76 (controlling...

      2. PART 2 Scotland

         1. Criminal Procedure (Scotland) Act 1995

            1. 4. (1) Section 11 of the Criminal Procedure (Scotland) Act 1995...

         2. Sexual Offences (Scotland) Act 2009 (asp 9)

            1. 5. (1) The Sexual Offences (Scotland) Act 2009 is amended as...

         3. Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

            1. 6. In the Criminal Justice and Licensing (Scotland) Act 2010, after...

      3. PART 3 Northern Ireland

         1. Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9))

            1. 7. In the Protection from Harassment (Northern Ireland) Order 1997, after...

         2. Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))

            1. 8. In Article 76 of the Sexual Offences (Northern Ireland) Order...