Act of Parliament | |
Long title | An 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. |
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Citation | 2021 c. 17 |
Introduced by | Priti 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 assent | 29 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Text of statute as originally enacted | |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 Domestic Abuse Act 2021 (c. 17) 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.[ citation needed ]
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]
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]
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]
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]
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
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The Domestic Violence, Crime and Victims Act 2004 is an Act of the Parliament of the United Kingdom. It is concerned with criminal justice and concentrates upon legal protection and assistance to victims of crime, particularly domestic violence. It also expands the provision for trials without a jury, brings in new rules for trials for causing the death of a child or vulnerable adult, and permits bailiffs to use force to enter homes.
The Crime and Disorder Act 1998 (c.37) is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received Royal Assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex Offender Orders, Parenting Orders, granting local authorities more responsibilities with regards to strategies for reducing crime and disorder, and the introduction of law specific to 'racially aggravated' offences. The Act also abolished rebuttable presumption that a child is doli incapax and formally abolished the death penalty for the last civilian offences carrying it, namely treason and piracy.
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The United Kingdom (UK) is a destination country for men, women, and children primarily from Africa, Asia, and Eastern Europe who are subjected to human trafficking for the purposes of sexual slavery and forced labour, including domestic servitude. It is ranked as a "Tier 1" country by the US Department of State, which issues an annual report on human trafficking. "Tier 1" countries are those whose governments fully comply with The Trafficking Victims Protection Act's minimum standards for the elimination of trafficking. The TVPA is a federal statute of the United States. It is believed that some victims, including minors from the UK, are also trafficked within the country. It is also believed that migrant workers are trafficked to the UK for forced labour in agriculture, construction, food processing, domestic servitude, and food service. Source countries for trafficking victims in the UK include the United Arab Emirates, Lithuania, Russia, Albania, Ukraine, Malaysia, Thailand, the People's Republic of China (P.R.C.), Nigeria, and Ghana. Precise details about the extent of human trafficking within the UK are not available, and many have questioned the validity of some of the more widely quoted figures. In 2020, the US State Department estimated that there were 13,000 trafficking victims in the UK.
The Protection from Harassment Act 1997 is an Act of the Parliament of the United Kingdom. On introducing the Bill's second reading in the House of Lords, the Lord Chancellor, Lord Mackay of Clashfern, said, "The aim of this Bill is to protect the victims of harassment. It will protect all such victims whatever the source of the harassment—so-called stalking behaviour, racial harassment, or anti-social behaviour by neighbours." Home Office guidance on the Act says "The legislation was always intended to tackle stalking, but the offences were drafted to tackle any form of persistent conduct which causes another person alarm or distress."
In Australia, domestic violence (DV) is defined by the Family Law Act 1975. Each state and territory also has its own legislation, some of which broadens the scope of that definition, and terminology varies. It has been identified as a major health and welfare issue. Family violence occurs across all ages and demographic groups, but mostly affects women and children, and at particular risk are three groups: Indigenous, young and pregnant women.
Economic abuse is a form of abuse when one intimate partner has control over the other partner's access to economic resources, which diminishes the victim's capacity to support themselves and forces them to depend on the perpetrator financially.
The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, better known as the Istanbul Convention, is a human rights treaty of the Council of Europe opposing violence against women and domestic violence which was opened for signature on 11 May 2011, in Istanbul, Turkey. The convention aims at prevention of violence, victim protection and to end the impunity of perpetrators.
The following outline is provided as an overview of and topical guide to domestic violence:
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Domestic violence and abuse in the United Kingdom are a range of abusive behaviours that occur within relationships. Domestic violence or abuse can be physical, psychological, sexual, financial or emotional. In UK laws and legislation, the term "domestic abuse" is commonly used to encompass various forms of domestic violence. Some specific forms of domestic violence and abuse are criminal offences. Victims or those at risk of domestic abuse can also be provided with remedies and protection via civil law.
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Sexual consent plays an important role in laws regarding rape, sexual assault and other forms of sexual violence. In a court of law, whether or not the alleged victim had freely given consent, and whether or not they were deemed to be capable of giving consent, can determine whether the alleged perpetrator is guilty of rape, sexual assault or some other form of sexual misconduct.
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