Domestic Abuse Act 2021

• (4) A person against whom a domestic abuse protection order is made may appeal against a variation of the order under section 44 that is made in a case within subsection (3), (5) or (6) of section 31 (to the extent it would not otherwise be so appealable) as if the varied order were a sentence passed on the person for the offence referred to in that subsection (assuming, in a case within section 31(5) or (6), that the person had been convicted of the offence).

• (5) A person listed in subsection (6) may appeal against any decision of a court under section 44 in relation to a domestic abuse protection order (to the extent it would not otherwise be so appealable, whether under subsection (4) or otherwise).

• (6) The persons referred to in subsection (5) are—

• (a) the person for whose protection the order was made;

• (b) the person against whom the order was made (“P”);

• (c) where the order was made under section 28, the person who applied for the order;

• (d) the chief officer of police of the force maintained for any police area in which P resides;

• (e) the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it.

• (7) An appeal arising by virtue of subsection (1) or (5)—

• (a) in the case of a decision made by a magistrates' court, is to be made to the Crown Court;

• (b) in the case of a decision made by the Crown Court, is to be made to the Court of Appeal.

For the powers of the Crown Court or Court of Appeal on such an appeal, see section 47(4).

• (8) If, in the case of an appeal arising by virtue of subsection (1) or (5) in respect of a decision made by the High Court, the family court or the county court, the person making the appeal was not a party to the proceedings in that court, the person is to be treated for the purposes of that appeal as if the person had been a party to those proceedings.

• (9) For further provision about appeals, see (in particular)—

• (a) section 31K of the Matrimonial and Family Proceedings Act 1984 (appeals from the family court),

• (b) section 16(1) of the Senior Courts Act 1981 (appeals from the High Court),

• (c) section 77 of the County Courts Act 1984 (appeals from the county court),

• (d) section 108(3) of the Magistrates' Courts Act 1980 (appeals against orders made on conviction in a magistrates' court),

• (e) section 50(1) of the Criminal Appeal Act 1968 (appeals against orders made on conviction in the Crown Court), and

• (f) rules of court.

Further provision about appeals

47

• (1) Before determining any appeal relating to a domestic abuse protection order (whether or not an appeal under section 46), the court must hear from any relevant chief officer of police who wishes to be heard.

• (2) For the purposes of subsection (1) each of the following is a “relevant chief officer of police”—

• (a) where the order was made on an application by a chief officer of police, that chief officer;

• (b) the chief officer of police of the force maintained for any police area in which the person (“P”) against whom the order was made, or (in the case of an appeal against the decision of a court not to make an order under section 28) against whom it was sought, resides;

• (c) the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it.

• (3) Subsection (4) applies to—

• (a) an appeal made to the Crown Court by virtue of section 46(7)(a);

• (b) an appeal made to the Court of Appeal by virtue of section 46(7)(b).

• (4) On an appeal to which this subsection applies, the court may, on a review of the decision appealed against—

• (a) confirm, vary or revoke any part of the decision;

• (b) refer the matter back to the court that made the decision with a direction to reconsider and make a new decision in accordance with its ruling;

• (c) make any order which the court that made the decision appealed against could have made;

• (d) make any incidental or consequential orders that appear to it to be just.

• (5) For the purposes of section 45 (variation and discharge: supplementary)—

• (a) a domestic abuse protection order that has been confirmed or varied on an appeal (whether under subsection (4)(a) or otherwise) remains an order of the court that first made it, and

• (b) a domestic abuse protection order made by a court on an appeal (whether under subsection (4)(c) or otherwise) is to be treated as an order made by the court whose decision was appealed against.

Nature of certain proceedings under this Part

48

• (1) Proceedings before a court arising by virtue of section 31(3), (5) or (6), and proceedings before a court arising by virtue of section 44(2)(b) in any case within section 31(3), (5) or (6), are civil proceedings (like proceedings before a magistrates' court under section 28 or 44(2)(a)).

• (2) The court is not restricted in the proceedings to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted or (as the case may be) acquitted.

• (3) The court may adjourn any proceedings arising by virtue of section 31(3), (5) or (6), or any proceedings arising by virtue of section 44(2)(b) in any case within section 31(3), (5) or (6), even after sentencing or acquitting the person concerned or allowing the person's appeal.

• (4) A domestic abuse protection order may be made or varied in addition to an order discharging the person conditionally or absolutely in spite of anything in sections 79, 80 and 82 of the Sentencing Code (which relate to orders discharging a person conditionally or absolutely and their effect).

Special measures for witnesses

49

• (1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in case of vulnerable and intimidated witnesses) applies to relevant proceedings under this Part as it applies to criminal proceedings, but with—

• (a) the omission of the provisions of that Act mentioned in subsection (2) (which make provision only in the context of criminal proceedings), and

• (b) any other necessary modifications.

• (2) The provisions are—

• (a) section 17(4) to (7);

• (b) section 21(4C)(e);

• (c) section 22A;

• (d) section 32.

• (3) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to relevant proceedings under this Part—

• (a) to the extent provided by rules of court, and

• (b) subject to any modifications provided by rules of court.

• (4) Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications—

• (a) to a direction under section 19 of that Act as applied by this section;

• (b) to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

• (5) In this section “relevant proceedings under this Part” means—

• (a) proceedings under section 28, 31(2) or (7), 40 or 44(2)(a);

• (b) proceedings arising by virtue of section 31(3), (5) or (6);

• (c) proceedings arising by virtue of section 44(2)(b) in any case within section 31(3), (5) or (6);

• (d) proceedings on an appeal relating to a domestic abuse protection order (whether or not an appeal under section 46).

Notices and orders: supplementary

Guidance

50

• (1) The Secretary of State must issue guidance relating to the exercise by relevant persons of functions under or by virtue of this Part.

• (2) In this section “relevant person” means—

• (a) a constable;

• (b) a person specified in regulations under subsection (2)(c) of section 28 for the purpose of making applications for orders under that section.

• (3) A relevant person must have regard to any guidance issued under this section when exercising a function to which the guidance relates.

• (4) The Secretary of State may from time to time revise any guidance issued under this section.

• (5) Before issuing or revising guidance under this section, the Secretary of State must consult—

• (a) the Domestic Abuse Commissioner, and

• (b) such other persons as the Secretary of State considers appropriate.

• (6) Subsection (5) does not apply in relation to any revisions of guidance issued under this section if the Secretary of State considers the proposed revisions of the guidance are insubstantial.

• (7) The Secretary of State must publish—

• (a) any guidance issued under this section, and

• (b) any revisions of that guidance.

Data from electronic monitoring: code of practice

51

• (1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of individuals under electronic monitoring requirements imposed by domestic abuse protection orders.

• (2) A failure to act in accordance with a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

Powers to make other orders in proceedings under this Part

52

• (1) In section 8 of the Children Act 1989 (child arrangements orders and other orders with respect to children), in subsection (4), at the end insert—

(k) Part 3 of the Domestic Abuse Act 2021, where the proceedings are in the family court or the Family Division of the High Court.

• (2) In Part 4 of the Family Law Act 1996 (family homes and domestic violence), in section 63(2) (definition of “family proceedings”), after paragraph (j) insert—

(k) Part 3 of the Domestic Abuse Act 2021, where the proceedings are in the family court or the Family Division of the High Court.

Proceedings not to be subject to conditional fee agreements

53

In section 58A of the Courts and Legal Services Act 1990 (conditional fee agreements: supplementary), in subsection (2), after paragraph (fd) (but before the “and” following it) insert—

(fe) proceedings under Part 3 of the Domestic Abuse Act 2021 (proceedings for domestic abuse protection order), where the proceedings are in the family court or the Family Division of the High Court;

.

Consequential amendments of the Sentencing Code

54

• (1) The Sentencing Code is amended as follows.

• (2) In section 80 (order for conditional discharge), in subsection (3), at the end insert—

(f) section 39(6) of the Domestic Abuse Act 2021 (breach of domestic abuse protection order).

• (3) In Chapter 6 of Part 11 (other behaviour orders), before section 379 (but after the heading “Other orders”) insert—

(378A) See Part 3 of the Domestic Abuse Act 2021 (and in particular section 31(3) of that Act) for the power of a court to make a domestic abuse protection order when dealing with an offender for an offence.

Repeal of provisions about domestic violence protection notices and orders

55

• (1) In the Crime and Security Act 2010, omit sections 24 to 33 (which make provision for domestic violence protection notices and domestic violence protection orders).

• (2) In consequence of the repeal made by subsection (1), omit the following provisions—

• (a) in Schedule 8 to the Crime and Courts Act 2013, paragraph 179;

• (b) in Schedule 14 to the Policing and Crime Act 2017, paragraph 7(g).

Interpretation of Part 3

56

• (1) In this Part—

• “chief officer of police” means—in relation to a police force maintained by a local policing body, the chief officer of police of that force;in relation to the British Transport Police Force, the Chief Constable of the Force;in relation to the Ministry of Defence Police, the Chief Constable of the Ministry of Defence Police;

• “domestic abuse protection notice” has the meaning given by section 22(2);

• “domestic abuse protection order” has the meaning given by section 27(1);

• “electronic monitoring requirement” has the meaning given by section 35(6);

• “family proceedings” means—proceedings in the family court (other than proceedings under or by virtue of this Part), andfamily proceedings within the meaning of Part 5 of the Matrimonial and Family Proceedings Act 1984;

• “home address”, in relation to a person, means—the address of the person's sole or main residence in the United Kingdom, orif the person has no such residence—the address or location of a place in the United Kingdom where the person can regularly be found;if there is more than one such place, the address or location of whichever one of those places the person selects;

• “relevant police force” has the meaning given by section 22(8);

• “requirement”, in relation to a domestic abuse protection order, is to be read in accordance with section 35(1);

• “senior police officer” has the meaning given by section 22(8).

• (2) Any reference to a member of a police force includes, in the case of a police force maintained by a local policing body, a reference to a special constable appointed by the chief officer of police of that force.

• (3) Any reference to changing home address includes a reference to a case where—

• (a) a person acquires a home address at any time, and

• (b) immediately before that time, the person did not have a home address.

• (4) See also—

• (a) section 1 (definition of “domestic abuse”);

• (b) section 2 (definition of “personally connected”).

PART 4 — Local authority support

Support provided by local authorities to victims of domestic abuse

57

• (1) Each relevant local authority in England must—

• (a) assess, or make arrangements for the assessment of, the need for accommodation-based support in its area,

• (b) prepare and publish a strategy for the provision of such support in its area, and

• (c) monitor and evaluate the effectiveness of the strategy.

• (2) For the purposes of subsection (1)—

• “accommodation-based support” means support, in relation to domestic abuse, provided to victims of domestic abuse, or their children, who reside in relevant accommodation;

• “relevant accommodation” means accommodation of a description specified by the Secretary of State in regulations.

• (3) A relevant local authority that publishes a strategy under this section must, in carrying out its functions, give effect to the strategy.

• (4) Before publishing a strategy under this section, a relevant local authority must consult—

• (a) the domestic abuse local partnership board appointed by the relevant local authority under section 58,

• (b) any local authority for an area within the relevant local authority's area, and

• (c) such other persons as the relevant local authority considers appropriate.

• (5) A relevant local authority that publishes a strategy under this section—

• (a) must keep the strategy under review,

• (b) must keep under review any effect of the strategy on the provision of other local authority support in its area,

• (c) may alter or replace the strategy, and

• (d) must publish any altered or replacement strategy.

• (6) In this section “other local authority support”, in relation to a local authority, means support, in relation to domestic abuse, that—

• (a) is provided to victims of domestic abuse or their children, and

• (b) is provided or funded by the local authority,

other than accommodation-based support (within the meaning of subsection (2)).

• (7) A relevant local authority may request any local authority for an area within the relevant local authority's area to co-operate with it in any way that the relevant local authority considers necessary for the purposes of its functions under this section.

• (8) A local authority must, so far as reasonably practicable, comply with a request made to it under subsection (7).

• (9) The Secretary of State may by regulations make provision about the preparation and publication of strategies under this section.

• (10) The power to make regulations under subsection (9) may, in particular, be exercised to make provision about—

• (a) the procedure to be followed by a relevant local authority in preparing a strategy;

• (b) matters to which a relevant local authority must have regard in preparing a strategy;

• (c) how a relevant local authority must publish a strategy;

• (d) the date by which a relevant local authority must first publish a strategy;

• (e) the frequency with which a relevant local authority must review its strategy or any effect of the strategy on the provision of other local authority support in its area.

• (11) Before making regulations under this section, the Secretary of State must consult—

• (a) the Domestic Abuse Commissioner,

• (b) relevant local authorities, and

• (c) such other persons as the Secretary of State considers appropriate.

Domestic abuse local partnership boards

58

• (1) A relevant local authority in England must appoint a domestic abuse local partnership board for the purposes of providing advice to the authority about—

• (a) the exercise of the authority's functions under section 57, and

• (b) the provision of other local authority support in the authority's area.

• (2) The members of the domestic abuse local partnership board must include—

• (a) a representative of the relevant local authority;

• (b) at least one person appearing to the authority to represent the interests of local authorities for areas within its area;

• (c) at least one person appearing to the authority to represent the interests of victims of domestic abuse;

• (d) at least one person appearing to the authority to represent the interests of children of domestic abuse victims;

• (e) at least one person appearing to the authority to represent the interests of charities and other voluntary organisations that work with victims of domestic abuse in its area;

• (f) at least one person appearing to the authority to represent the interests of persons who provide, or have functions relating to, health care services in its area;

• (g) at least one person appearing to the authority to represent the interests of persons with functions relating to policing or criminal justice in its area.

• (3) In this section—

• “health care services” means services relating to health care (within the meaning of section 9 of the Health and Social Care Act 2008);

• “other local authority support” has the same meaning as in section 57.

Annual reports

59

• (1) As soon as reasonably practicable after the end of each financial year, a relevant local authority in England must submit to the Secretary of State an annual report in relation to the exercise of the authority's functions under this Part during the year.

• (2) The Secretary of State may by regulations make provision about—

• (a) the form of the report, and

• (b) the content of the report.

• (3) In this section “financial year” means—

• (a) the period beginning with the day on which this section comes into force and ending with the following 31 March, and

• (b) each successive period of 12 months.

Guidance

60

• (1) The Secretary of State must issue guidance relating to the exercise by local authorities in England of functions under this Part.

• (2) Local authorities in England must have regard to the guidance when exercising a function to which the guidance relates.

• (3) The Secretary of State may from time to time revise any guidance issued under this section.

• (4) Before issuing or revising guidance under this section, the Secretary of State must consult—

• (a) the Domestic Abuse Commissioner,

• (b) local authorities, and

• (c) such other persons as the Secretary of State considers appropriate.

• (5) Subsection (4) does not apply in relation to any revisions of guidance issued under this section if the Secretary of State considers the proposed revisions of the guidance are insubstantial.

• (6) The Secretary of State must publish—

• (a) any guidance issued under this section, and

• (b) any revisions of that guidance.

Interpretation of Part 4

61

In this Part—

• “local authority” means—a relevant local authority;a district council for an area for which there is a county council;a London borough council;the Common Council of the City of London in its capacity as a local authority;

• “relevant local authority” means—a county council;a district council for an area for which there is no county council;the Greater London Authority;the Council of the Isles of Scilly.

PART 5 — Protection for victims, witnesses, etc in legal proceedings

Special measures

Special measures in criminal proceedings for offences involving domestic abuse

62

• (1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (giving of evidence or information for purposes of criminal proceedings: special measures directions in case of vulnerable and intimidated witnesses) is amended as follows.

• (2) In section 17 (witnesses eligible for assistance on grounds of fear or distress about testifying)—

• (a) in subsection (4), for “a sexual offence or an offence under section 1 or 2 of the Modern Slavery Act 2015” substitute “ an offence listed in subsection (4A) ”;

• (b) after subsection (4) insert—

(4A) The offences are— (a) a sexual offence; (b) an offence under section 1 or 2 of the Modern Slavery Act 2015; (c) any other offence where it is alleged that the behaviour of the accused amounted to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act).

• (3) In section 25(4)(a) (evidence given in private), for “a sexual offence or an offence under section 1 or 2 of the Modern Slavery Act 2015” substitute “ an offence listed in section 17(4A) ”.

Special measures in family proceedings: victims of domestic abuse

63

• (1) This section applies where rules of court provide that the court may make a special measures direction in relation to a person (“P”) who is a party or witness in family proceedings.

• (2) Rules of court must provide that where P is, or is at risk of being, a victim of domestic abuse carried out by a person listed in subsection (3), it is to be assumed that the following matters are likely to be diminished by reason of vulnerability—

• (a) the quality of P's evidence;

• (b) where P is a party to the proceedings, P's participation in the proceedings.

• (3) The persons referred to in subsection (2) are—

• (a) a party to the proceedings;

• (b) a relative of a party to the proceedings (other than P);

• (c) a witness in the proceedings.

• (4) Rules of court may provide for an exception to the provision made by virtue of subsection (2) where P does not wish to be deemed to be eligible for the making of a special measures direction by virtue of that subsection.

• (5) In this section—

• “family proceedings” has the meaning given by section 75(3) of the Courts Act 2003;

• “relative” has the meaning given by section 63(1) of the Family Law Act 1996;

• “special measures” means such measures as may be specified by rules of court for the purpose of assisting a person to give evidence or participate in proceedings;

• “special measures direction” means a direction by the court granting special measures.

Special measures in civil proceedings: victims of domestic abuse etc

64

• (1) Rules of court must make provision enabling the court to make a special measures direction in relation to a person who is a party or witness in civil proceedings where that person—

• (a) is, or is at risk of being, a victim of domestic abuse;

• (b) is the victim, or alleged victim, of a specified offence.

• (2) Rules made by virtue of subsection (1) must, in particular, provide for the court to consider—

• (a) whether—

• (i) the quality of the person's evidence, or

• (ii) where the person is a party to the proceedings, the person's participation in the proceedings,

is likely to be diminished by reason of vulnerability, and

• (b) if so, whether it is necessary to make one or more special measures directions.

• (3) For the purposes of this section—

• (a) a person is the victim of a specified offence if another person has been convicted of, or given a caution for, the offence;

• (b) a person is the alleged victim of a specified offence if another person has been charged with the offence.

• (4) In this section—

• “civil proceedings” means—proceedings in the county court,proceedings in the High Court, other than—proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, andproceedings in the exercise of its jurisdiction under the Extradition Act 2003, andproceedings in the civil division of the Court of Appeal;

• “special measures” means such measures as may be specified by rules of court for the purpose of assisting a person to give evidence or participate in proceedings;

• “special measures direction” means a direction by the court granting special measures;

• “specified offence” means an offence which is specified, or of a description specified, in regulations made by the Lord Chancellor.

Prohibition of cross-examination in person

Prohibition of cross-examination in person in family proceedings

65

In the Matrimonial and Family Proceedings Act 1984, after Part 4A insert—

(31Q) In this Part— - “family proceedings” means— 1. proceedings in the family court, 2. proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, and 3. proceedings in the civil division of the Court of Appeal arising out of proceedings within paragraph (a) or (b); - “witness”, in relation to any proceedings, includes a party to the proceedings. (31R) (1) In family proceedings, no party to the proceedings who has been convicted of or given a caution for, or is charged with, a specified offence may cross-examine in person a witness who is the victim, or alleged victim, of that offence. (2) In family proceedings, no party to the proceedings who is the victim, or alleged victim, of a specified offence may cross-examine in person a witness who has been convicted of or given a caution for, or is charged with, that offence. (3) Subsections (1) and (2) do not apply to a conviction or caution that is spent for the purposes of the Rehabilitation of Offenders Act 1974, unless evidence in relation to the conviction or caution is admissible in, or may be required in, the proceedings by virtue of section 7(2), (3) or (4) of that Act. (4) Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the conviction, caution or charge when the cross-examination took place. (5) In this section— - “caution” means— 1. in the case of England and Wales— 1. a conditional caution given under section 22 of the Criminal Justice Act 2003, 2. a youth conditional caution given under section 66A of the Crime and Disorder Act 1998, or 3. any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, the person has admitted; 2. in the case of Scotland, anything corresponding to a caution falling within paragraph (a) (however described) which is given to a person in respect of an offence under the law of Scotland; 3. in the case of Northern Ireland— 1. a conditional caution given under section 71 of the Justice Act (Northern Ireland) 2011, or 2. any other caution given to a person in Northern Ireland in respect of an offence which, at the time the caution is given, the person has admitted; - “conviction” means— 1. a conviction by or before a court in England and Wales, Scotland or Northern Ireland; 2. a conviction in service disciplinary proceedings (in England and Wales, Scotland, Northern Ireland, or elsewhere), including— 1. in the case of proceedings in respect of a service offence, anything that under section 376(1) and (2) of the Armed Forces Act 2006 (which relates to summary hearings and the Summary Appeal Court) is to be treated as a conviction for the purposes of that Act, and 2. in the case of any other service disciplinary proceedings, a finding of guilt in those proceedings; 3. a finding in any criminal proceedings (including a finding linked with a finding of insanity) that the person concerned has committed an offence or done the act or made the omission charged; - “service disciplinary proceedings” means— 1. any proceedings (whether or not before a court) in respect of a service offence (except proceedings before a civilian court within the meaning of the Armed Forces Act 2006); 2. any proceedings under the Army Act 1955, the Air Force Act 1955, or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under any of those Acts to award a punishment in respect of an offence); 3. any proceedings before a Standing Civilian Court established under the Armed Forces Act 1976; - “service offence” means— 1. a service offence within the meaning of the Armed Forces Act 2006, or 2. an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059); - “specified offence” means an offence which is specified, or of a description specified, in regulations made by the Lord Chancellor. (6) The following provisions (which deem a conviction of a person discharged not to be a conviction) do not apply for the purposes of this section to a conviction of a person for an offence in respect of which an order has been made discharging the person absolutely or conditionally— (a) section 14 of the Powers of Criminal Courts (Sentencing) Act 2000; (b) section 82 of the Sentencing Code; (c) section 187 of the Armed Forces Act 2006 or any corresponding earlier enactment. (7) For the purposes of this section “offence” includes an offence under a law that is no longer in force. (31S) (1) In family proceedings, no party to the proceedings against whom an on-notice protective injunction is in force may cross-examine in person a witness who is protected by the injunction. (2) In family proceedings, no party to the proceedings who is protected by an on-notice protective injunction may cross-examine in person a witness against whom the injunction is in force. (3) Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the protective injunction when the cross-examination took place. (4) In this section “protective injunction” means an order, injunction or interdict specified, or of a description specified, in regulations made by the Lord Chancellor. (5) For the purposes of this section, a protective injunction is an “on-notice” protective injunction if— (a) the court is satisfied that there has been a hearing at which the person against whom the protective injunction is in force asked, or could have asked, for the injunction to be set aside or varied, or (b) the protective injunction was made at a hearing of which the court is satisfied that both the person who applied for it and the person against whom it is in force had notice. (31T) (1) In family proceedings, where specified evidence is adduced that a person who is a witness has been the victim of domestic abuse carried out by a party to the proceedings, that party to the proceedings may not cross-examine the witness in person. (2) In family proceedings, where specified evidence is adduced that a person who is a party to the proceedings has been the victim of domestic abuse carried out by a witness, that party may not cross-examine the witness in person. (3) In this section— - “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021; - “specified evidence” means evidence specified, or of a description specified, in regulations made by the Lord Chancellor. (4) Regulations under subsection (3) may provide that any evidence which satisfies the court that domestic abuse, or domestic abuse of a specified description, has occurred is specified evidence for the purposes of this section. (31U) (1) In family proceedings, the court may give a direction prohibiting a party to the proceedings from cross-examining (or continuing to cross-examine) a witness in person if— (a) none of sections 31R to 31T operates to prevent the party from cross-examining the witness, and (b) it appears to the court that— (i) the quality condition or the significant distress condition is met, and (ii) it would not be contrary to the interests of justice to give the direction. (2) The “quality condition” is met if the quality of evidence given by the witness on cross-examination— (a) is likely to be diminished if the cross-examination (or continued cross-examination) is conducted by the party in person, and (b) would be likely to be improved if a direction were given under this section. (3) The “significant distress condition” is met if— (a) the cross-examination (or continued cross-examination) of the witness by the party in person would be likely to cause significant distress to the witness or the party, and (b) that distress is likely to be more significant than would be the case if the witness were cross-examined other than by the party in person. (4) A direction under this section may be made by the court— (a) on an application made by a party to the proceedings, or (b) of its own motion. (5) In determining whether the quality condition or the significant distress condition is met in the case of a witness or party, the court must have regard to, among other things— (a) any views expressed by the witness as to whether or not the witness is content to be cross-examined by the party in person; (b) any views expressed by the party as to whether or not the party is content to cross-examine the witness in person; (c) the nature of the questions likely to be asked, having regard to the issues in the proceedings; (d) any behaviour by the party in relation to the witness in respect of which the court is aware that a finding of fact has been made in the proceedings or in any other proceedings; (e) any behaviour by the witness in relation to the party in respect of which the court is aware that a finding of fact has been made in the proceedings or in any other proceedings; (f) any behaviour by the party at any stage of the proceedings, both generally and in relation to the witness; (g) any behaviour by the witness at any stage of the proceedings, both generally and in relation to the party; (h) any relationship (of whatever nature) between the witness and the party. (6) Any reference in this section to the quality of a witness's evidence is to its quality in terms of completeness, coherence and accuracy. (7) For this purpose “coherence” refers to a witness's ability in giving evidence to give answers which— (a) address the questions put to the witness, and (b) can be understood, both individually and collectively. (31V) (1) A direction under section 31U has binding effect from the time it is made until the witness in relation to whom it applies is discharged. (2) But the court may revoke a direction under section 31U before the witness is discharged, if it appears to the court to be in the interests of justice to do so, either— (a) on an application made by a party to the proceedings, or (b) of its own motion. (3) The court may revoke a direction under section 31U on an application made by a party to the proceedings only if there has been a material change of circumstances since— (a) the direction was given, or (b) if a previous application has been made by a party to the proceedings, the application (or the last application) was determined. (4) The court must state its reasons for— (a) giving a direction under section 31U; (b) refusing an application for a direction under section 31U; (c) revoking a direction under section 31U; (d) refusing an application for the revocation of a direction under section 31U. (31W) (1) This section applies where a party to family proceedings is prevented from cross-examining a witness in person by virtue of any of sections 31R to 31U. (2) The court must consider whether (ignoring this section) there is a satisfactory alternative means— (a) for the witness to be cross-examined in the proceedings, or (b) of obtaining evidence that the witness might have given under cross-examination in the proceedings. (3) If the court decides that there is not, the court must— (a) invite the party to the proceedings to arrange for a qualified legal representative to act for the party for the purpose of cross-examining the witness, and (b) require the party to the proceedings to notify the court, by the end of a period specified by the court, of whether a qualified legal representative is to act for the party for that purpose. (4) Subsection (5) applies if, by the end of the period specified under subsection (3)(b), either— (a) the party has notified the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness, or (b) no notification has been received by the court and it appears to the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness. (5) The court must consider whether it is necessary in the interests of justice for the witness to be cross-examined by a qualified legal representative appointed by the court to represent the interests of the party. (6) If the court decides that it is, the court must appoint a qualified legal representative (chosen by the court) to cross-examine the witness in the interests of the party. (7) A qualified legal representative appointed by the court under subsection (6) is not responsible to the party. (8) For the purposes of this section— (a) a reference to cross-examination includes a reference to continuing to conduct cross-examination; (b) “qualified legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act) in family proceedings. (31X) (1) The Lord Chancellor may by regulations make provision for the payment out of central funds of sums in respect of— (a) fees or costs properly incurred by a qualified legal representative appointed under section 31W(6), and (b) expenses properly incurred in providing such a person with evidence or other material in connection with the appointment. (2) The regulations may provide for sums payable under subsection (1) to be determined by the Lord Chancellor or such other person as the regulations may specify. (3) The regulations may provide for sums payable under subsection (1)— (a) to be such amounts as are specified in the regulations; (b) to be calculated in accordance with— (i) a rate or scale specified in the regulations, or (ii) other provision made by or under the regulations. (31Y) (1) The Lord Chancellor may issue guidance in connection with the role which a qualified legal representative appointed under section 31W(6) in connection with any family proceedings is to play in the proceedings, including (among other things) guidance about the effect of section 31W(7). (2) A qualified legal representative appointed under section 31W(6) must have regard to any guidance issued under this section. (3) The Lord Chancellor may from time to time revise any guidance issued under this section. (4) The Lord Chancellor must publish— (a) any guidance issued under this section, and (b) any revisions of that guidance. (31Z) (1) Any power of the Lord Chancellor to make regulations under this Part— (a) is exercisable by statutory instrument, (b) includes power to make different provision for different purposes, and (c) includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision. (2) A statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.

Prohibition of cross-examination in person in civil proceedings

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In the Courts Act 2003, after Part 7 insert—

(85E) In this Part— - “civil proceedings” means— 1. proceedings in the county court, 2. proceedings in the High Court, other than— 1. proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, and 2. proceedings in the exercise of its jurisdiction under the Extradition Act 2003, and 3. proceedings in the civil division of the Court of Appeal arising out of civil proceedings within paragraph (a) or (b); - “witness”, in relation to any proceedings, includes a party to the proceedings. (85F) (1) In civil proceedings, no party to the proceedings who has been convicted of, or given a caution for, a specified offence may cross-examine in person a witness who is the victim of that offence. (2) In civil proceedings, no party to the proceedings who is the victim of a specified offence may cross-examine in person a witness who has been convicted of, or given a caution for, that offence. (3) Subsections (1) and (2) do not apply to a conviction or caution that is spent for the purposes of the Rehabilitation of Offenders Act 1974, unless evidence in relation to the conviction or caution is admissible in, or may be required in, the proceedings by virtue of section 7(2), (3) or (4) of that Act. (4) Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the conviction or caution when the cross-examination took place. (5) In this section— - “caution” means— 1. in the case of England and Wales— 1. a conditional caution given under section 22 of the Criminal Justice Act 2003, 2. a youth conditional caution given under section 66A of the Crime and Disorder Act 1998, or 3. any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, the person has admitted; 2. in the case of Scotland, anything corresponding to a caution falling within paragraph (a) (however described) which is given to a person in respect of an offence under the law of Scotland; 3. in the case of Northern Ireland— 1. a conditional caution given under section 71 of the Justice Act (Northern Ireland) 2011, or 2. any other caution given to a person in Northern Ireland in respect of an offence which, at the time the caution is given, the person has admitted; - “conviction” means— 1. a conviction by or before a court in England and Wales, Scotland or Northern Ireland; 2. a conviction in service disciplinary proceedings (in England and Wales, Scotland, Northern Ireland, or elsewhere), including— 1. in the case of proceedings in respect of a service offence, anything that under section 376(1) and (2) of the Armed Forces Act 2006 (which relates to summary hearings and the Summary Appeal Court) is to be treated as a conviction for the purposes of that Act, and 2. in the case of any other service disciplinary proceedings, a finding of guilt in those proceedings; 3. a finding in any criminal proceedings (including a finding linked with a finding of insanity) that the person concerned has committed an offence or done the act or made the omission charged; - “service disciplinary proceedings” means— 1. any proceedings (whether or not before a court) in respect of a service offence (except proceedings before a civilian court within the meaning of the Armed Forces Act 2006); 2. any proceedings under the Army Act 1955, the Air Force Act 1955, or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under any of those Acts to award a punishment in respect of an offence); 3. any proceedings before a Standing Civilian Court established under the Armed Forces Act 1976; - “service offence” means— 1. a service offence within the meaning of the Armed Forces Act 2006, or 2. an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059); - “specified offence” means an offence which is specified, or of a description specified, in regulations made by the Lord Chancellor. (6) The following provisions (which deem a conviction of a person discharged not to be a conviction) do not apply for the purposes of this section to a conviction of a person for an offence in respect of which an order has been made discharging the person absolutely or conditionally— (a) section 14 of the Powers of Criminal Courts (Sentencing) Act 2000; (b) section 82 of the Sentencing Code; (c) section 187 of the Armed Forces Act 2006 or any corresponding earlier enactment. (7) For the purposes of this section “offence” includes an offence under a law that is no longer in force. (85G) (1) In civil proceedings, no party to the proceedings against whom an on-notice protective injunction is in force may cross-examine in person a witness who is protected by the injunction. (2) In civil proceedings, no party to the proceedings who is protected by an on-notice protective injunction may cross-examine in person a witness against whom the injunction is in force. (3) Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the protective injunction when the cross-examination took place. (4) In this section “protective injunction” means an order, injunction or interdict specified, or of a description specified, in regulations made by the Lord Chancellor. (5) For the purposes of this section, a protective injunction is an “on-notice” protective injunction if— (a) the court is satisfied that there has been a hearing at which the person against whom the protective injunction is in force asked, or could have asked, for the injunction to be set aside or varied, or (b) the protective injunction was made at a hearing of which the court is satisfied that both the person who applied for it and the person against whom it is in force had notice. (85H) (1) In civil proceedings, where specified evidence is adduced that a person who is a witness has been the victim of domestic abuse carried out by a party to the proceedings, that party to the proceedings may not cross-examine the witness in person. (2) In civil proceedings, where specified evidence is adduced that a person who is a party to the proceedings has been the victim of domestic abuse carried out by a witness, that party may not cross-examine the witness in person. (3) In this section— - “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021; - “specified evidence” means evidence specified, or of a description specified, in regulations made by the Lord Chancellor. (4) Regulations under subsection (3) may provide that any evidence which satisfies the court that domestic abuse, or domestic abuse of a specified description, has occurred is specified evidence for the purposes of this section. (85I) (1) In civil proceedings, the court may give a direction prohibiting a party to the proceedings from cross-examining (or continuing to cross-examine) a witness in person if— (a) none of sections 85F to 85H operates to prevent the party from cross-examining the witness, and (b) it appears to the court that— (i) the quality condition or the significant distress condition is met, and (ii) it would not be contrary to the interests of justice to give the direction. (2) The “quality condition” is met if the quality of evidence given by the witness on cross-examination— (a) is likely to be diminished if the cross-examination (or continued cross-examination) is conducted by the party in person, and (b) would be likely to be improved if a direction were given under this section. (3) The “significant distress condition” is met if— (a) the cross-examination (or continued cross-examination) of the witness by the party in person would be likely to cause significant distress to the witness or the party, and (b) that distress is likely to be more significant than would be the case if the witness were cross-examined other than by the party in person. (4) A direction under this section may be made by the court— (a) on an application made by a party to the proceedings, or (b) of its own motion. (5) In determining whether the quality condition or the significant distress condition is met in the case of a witness or party, the court must have regard to, among other things— (a) any views expressed by the witness as to whether or not the witness is content to be cross-examined by the party in person; (b) any views expressed by the party as to whether or not the party is content to cross-examine the witness in person; (c) the nature of the questions likely to be asked, having regard to the issues in the proceedings; (d) any charge of which the court is aware in respect of a specified offence alleged to have been committed by the party in relation to the witness; (e) any charge of which the court is aware in respect of a specified offence alleged to have been committed by the witness in relation to the party; (f) any behaviour by the party in relation to the witness in respect of which the court is aware that a finding of fact has been made in the proceedings or in any other proceedings; (g) any behaviour by the witness in relation to the party in respect of which the court is aware that a finding of fact has been made in the proceedings or in any other proceedings; (h) any behaviour by the party at any stage of the proceedings, both generally and in relation to the witness; (i) any behaviour by the witness at any stage of the proceedings, both generally and in relation to the party; (j) any relationship (of whatever nature) between the witness and the party. (6) In subsection (5)(d) and (e) “specified offence” means an offence that is a specified offence for the purposes of section 85F. (7) Any reference in this section to the quality of a witness's evidence is to its quality in terms of completeness, coherence and accuracy. (8) For this purpose “coherence” refers to a witness's ability in giving evidence to give answers which— (a) address the questions put to the witness, and (b) can be understood, both individually and collectively. (85J) (1) A direction under section 85I has binding effect from the time it is made until the witness in relation to whom it applies is discharged. (2) But the court may revoke a direction under section 85I before the witness is discharged, if it appears to the court to be in the interests of justice to do so, either— (a) on an application made by a party to the proceedings, or (b) of its own motion. (3) The court may revoke a direction under section 85I on an application made by a party to the proceedings only if there has been a material change of circumstances since— (a) the direction was given, or (b) if a previous application has been made by a party to the proceedings, the application (or the last application) was determined. (4) The court must state its reasons for— (a) giving a direction under section 85I; (b) refusing an application for a direction under section 85I; (c) revoking a direction under section 85I; (d) refusing an application for the revocation of a direction under section 85I. (85K) (1) This section applies where a party to civil proceedings is prevented from cross-examining a witness in person by virtue of any of sections 85F to 85I. (2) The court must consider whether (ignoring this section) there is a satisfactory alternative means— (a) for the witness to be cross-examined in the proceedings, or (b) of obtaining evidence that the witness might have given under cross-examination in the proceedings. (3) If the court decides that there is not, the court must— (a) invite the party to the proceedings to arrange for a qualified legal representative to act for the party for the purpose of cross-examining the witness, and (b) require the party to the proceedings to notify the court, by the end of a period specified by the court, of whether a qualified legal representative is to act for the party for that purpose. (4) Subsection (5) applies if, by the end of the period specified under subsection (3)(b), either— (a) the party has notified the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness, or (b) no notification has been received by the court and it appears to the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness. (5) The court must consider whether it is necessary in the interests of justice for the witness to be cross-examined by a qualified legal representative appointed by the court to represent the interests of the party. (6) If the court decides that it is, the court must appoint a qualified legal representative (chosen by the court) to cross-examine the witness in the interests of the party. (7) A qualified legal representative appointed by the court under subsection (6) is not responsible to the party. (8) For the purposes of this section— (a) a reference to cross-examination includes a reference to continuing to conduct cross-examination; (b) “qualified legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act) in civil proceedings. (85L) (1) The Lord Chancellor may by regulations make provision for the payment out of central funds of sums in respect of— (a) fees or costs properly incurred by a qualified legal representative appointed under section 85K(6), and (b) expenses properly incurred in providing such a person with evidence or other material in connection with the appointment. (2) The regulations may provide for sums payable under subsection (1) to be determined by the Lord Chancellor or such other person as the regulations may specify. (3) The regulations may provide for sums payable under subsection (1)— (a) to be such amounts as are specified in the regulations; (b) to be calculated in accordance with— (i) a rate or scale specified in the regulations, or (ii) other provision made by or under the regulations. (85M) (1) The Lord Chancellor may issue guidance in connection with the role which a qualified legal representative appointed under section 85K(6) in connection with any civil proceedings is to play in the proceedings, including (among other things) guidance about the effect of section 85K(7). (2) A qualified legal representative appointed under section 85K(6) must have regard to any guidance issued under this section. (3) The Lord Chancellor may from time to time revise any guidance issued under this section. (4) The Lord Chancellor must publish— (a) any guidance issued under this section, and (b) any revisions of that guidance. (85N) Regulations under this Part may make different provision for different purposes.

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

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

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• (1) The Children Act 1989 is amended as follows.

• (2) In section 91 (effect and duration of orders etc.), at the end of subsection (14) insert—

For further provision about orders under this subsection, see section 91A (section 91(14) orders: further provision).

• (3) After section 91 insert—

(91A) (1) This section makes further provision about orders under section 91(14) (referred to in this section as “section 91(14) orders”). (2) The circumstances in which the court may make a section 91(14) order include, among others, where the court is satisfied that the making of an application for an order under this Act of a specified kind by any person who is to be named in the section 91(14) order would put— (a) the child concerned, or (b) another individual (“the relevant individual”), at risk of harm. (3) In the case of a child or other individual who has reached the age of eighteen, the reference in subsection (2) to “harm” is to be read as a reference to ill-treatment or the impairment of physical or mental health. (4) Where a person who is named in a section 91(14) order applies for leave to make an application of a specified kind, the court must, in determining whether to grant leave, consider whether there has been a material change of circumstances since the order was made. (5) A section 91(14) order may be made by the court— (a) on an application made— (i) by the relevant individual; (ii) by or on behalf of the child concerned; (iii) by any other person who is a party to the application being disposed of by the court; (b) of its own motion. (6) In this section, “the child concerned” means the child referred to in section 91(14).

PART 6 — Offences involving abusive or violent behaviour

Controlling or coercive behaviour

Controlling or coercive behaviour in an intimate or family relationship

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• (1) Section 76 of the Serious Crime Act 2015 (offence of controlling or coercive behaviour in an intimate or family relationship) is amended as follows.

• (2) In subsection (1)(b), after “personally connected” insert “ (see subsection (6)) ”.

• (3) Omit subsection (2).

• (4) For subsection (6) substitute—

(6) A and B are “personally connected” if any of the following applies— (a) they are, or have been, married to each other; (b) they are, or have been, civil partners of each other; (c) they have agreed to marry one another (whether or not the agreement has been terminated); (d) they have entered into a civil partnership agreement (whether or not the agreement has been terminated); (e) they are, or have been, in an intimate personal relationship with each other; (f) they each have, or there has been a time when they each have had, a parental relationship in relation to the same child (see subsection (6A)); (g) they are relatives. (6A) For the purposes of subsection (6)(f) a person has a parental relationship in relation to a child if— (a) the person is a parent of the child, or (b) the person has parental responsibility for the child.

• (5) In subsection (7), for “subsection (6)” substitute “ subsections (6) and (6A) ”.

...

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

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences against the person

Strangulation or suffocation

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• (1) In Part 5 of the Serious Crime Act 2015 (protection of children and others), after section 75 insert—

(75A) (1) A person (“A”) commits an offence if— (a) A intentionally strangles another person (“B”), or (b) A does any other act to B that— (i) affects B's ability to breathe, and (ii) constitutes battery of B. (2) It is a defence to an offence under this section for A to show that B consented to the strangulation or other act. (3) But subsection (2) does not apply if— (a) B suffers serious harm as a result of the strangulation or other act, and (b) A either— (i) intended to cause B serious harm, or (ii) was reckless as to whether B would suffer serious harm. (4) A is to be taken to have shown the fact mentioned in subsection (2) if— (a) sufficient evidence of the fact is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt. (5) A person guilty of an offence under this section is liable— (a) on summary conviction— (i) to imprisonment for a term not exceeding 12 months (or 6 months, if the offence was committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020), or (ii) to a fine, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or both. (6) In this section “serious harm” means— (a) grievous bodily harm, within the meaning of section 18 of the Offences Against the Person Act 1861, (b) wounding, within the meaning of that section, or (c) actual bodily harm, within the meaning of section 47 of that Act. (75B) (1) If— (a) a person does an act in a country outside the United Kingdom, (b) the act, if done in England and Wales, would constitute an offence under section 75A, and (c) the person is a United Kingdom national or is habitually resident in England and Wales, the person is guilty in England and Wales of that offence. (2) In this section— - “country” includes territory; - “United Kingdom national” means an individual who is— 1. a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, 2. a person who under the British Nationality Act 1981 is a British subject, or 3. a British protected person within the meaning of that Act.

• (2) Schedule 2 contains consequential amendments.

Consent to serious harm for sexual gratification not a defence

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• (1) This section applies for the purposes of determining whether a person (“D”) who inflicts serious harm on another person (“V”) is guilty of a relevant offence.

• (2) It is not a defence that V consented to the infliction of the serious harm for the purposes of obtaining sexual gratification (but see subsection (4)).

• (3) In this section—

• “relevant offence” means an offence under section 18, 20 or 47 of the Offences Against the Person Act 1861 (“the 1861 Act”);

• “serious harm” means—grievous bodily harm, within the meaning of section 18 of the 1861 Act,wounding, within the meaning of that section, oractual bodily harm, within the meaning of section 47 of the 1861 Act.

• (4) Subsection (2) does not apply in the case of an offence under section 20 or 47 of the 1861 Act where—

• (a) the serious harm consists of, or is a result of, the infection of V with a sexually transmitted infection in the course of sexual activity, and

• (b) V consented to the sexual activity in the knowledge or belief that D had the sexually transmitted infection.

• (5) For the purposes of this section it does not matter whether the harm was inflicted for the purposes of obtaining sexual gratification for D, V or some other person.

• (6) Nothing in this section affects any enactment or rule of law relating to other circumstances in which a person's consent to the infliction of serious harm may, or may not, be a defence to a relevant offence.

Offences committed outside the UK

Offences against the person committed outside the UK: England and Wales

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• (1) If—

• (a) a person who is a United Kingdom national or is habitually resident in England and Wales does an act in a country outside the United Kingdom,

• (b) the act constitutes an offence under the law in force in that country, and

• (c) the act, if done in England and Wales, would constitute an offence to which this subsection applies,

the person is guilty in England and Wales of that offence.

• (2) The offences to which subsection (1) applies are—

• (a) murder;

• (b) manslaughter;

• (c) an offence under section 18, 20 or 47 of the Offences Against the Person Act 1861 (offences relating to bodily harm or injury);

• (d) an offence under section 23 or 24 of that Act (administering poison);

• (e) an offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

• (3) Subsection (1) does not apply where a person would, in the absence of that subsection, be guilty of an offence of murder or manslaughter under the law of England and Wales.

• (4) An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsection (1)(b) however it is described in that law.

• (5) The condition in subsection (1)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—

• (a) stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant's opinion met,

• (b) showing the grounds for that opinion, and

• (c) requiring the prosecution to prove that it is met.

• (6) But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (5).

• (7) In the Crown Court the question whether the condition is met is to be decided by the judge alone.

• (8) In this section—

• “act” includes a failure to act;

• “country” includes territory;

• “United Kingdom national” means an individual who is—a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,a person who under the British Nationality Act 1981 is a British subject, ora British protected person within the meaning of that Act.

Offences against the person committed outside the UK: Northern Ireland

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• (1) If—

• (a) a person who is a United Kingdom national or is habitually resident in Northern Ireland does an act in a country outside the United Kingdom,

• (b) the act constitutes an offence under the law in force in that country, and

• (c) the act, if done in Northern Ireland, would constitute an offence to which this subsection applies,

the person is guilty in Northern Ireland of that offence.

• (2) The offences to which subsection (1) applies are—

• (a) murder;

• (b) manslaughter;

• (c) an offence under section 18, 20 or 47 of the Offences Against the Person Act 1861 (offences relating to bodily harm or injury);

• (d) an offence under section 23 or 24 of that Act (administering poison);

• (e) an offence under section 25 of the Criminal Justice Act (Northern Ireland) 1945 (child destruction).

• (3) Subsection (1) does not apply where a person would, in the absence of that subsection, be guilty of an offence of murder or manslaughter under the law of Northern Ireland.

• (4) An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsection (1)(b) however it is described in that law.

• (5) The condition in subsection (1)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—

• (a) stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant's opinion met,

• (b) showing the grounds for that opinion, and

• (c) requiring the prosecution to prove that it is met.

• (6) But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (5).

• (7) In the Crown Court the question whether the condition is met is to be decided by the judge alone.

• (8) In this section—

• “act” includes a failure to act;

• “country” includes territory;

• “rules of court” means—in relation to proceedings in a magistrates' court, magistrates' court rules;in relation to proceedings in the Crown Court, Crown Court rules;

• “United Kingdom national” means an individual who is—a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,a person who under the British Nationality Act 1981 is a British subject, ora British protected person within the meaning of that Act.

• (9) The Interpretation Act (Northern Ireland) 1954 applies for the purposes of this section as it applies to an Act of the Northern Ireland Assembly.

Amendments relating to offences committed outside the UK

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• (1) Part 1 of Schedule 3 contains amendments to provide for extra-territorial jurisdiction over certain other offences under the law of England and Wales.

• (2) Part 2 of Schedule 3 contains amendments to provide for extra-territorial jurisdiction over certain offences under the law of Scotland.

• (3) Part 3 of Schedule 3 contains amendments to provide for extra-territorial jurisdiction over certain other offences under the law of Northern Ireland.

PART 7 — Miscellaneous and general

Prosecution and management of offenders

Strategy for prosecution and management of offenders

75

• (1) The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed, prepare and publish a document setting out a strategy for—