Domestic Abuse Act 2021

• (a) detecting, investigating and prosecuting offences involving domestic abuse,

• (b) assessing and managing the risks posed by individuals who commit offences involving domestic abuse, including (among others) risks associated with stalking, and

• (c) reducing the risk that such individuals commit further offences involving domestic abuse.

• (2) The Secretary of State—

• (a) must keep the strategy under review;

• (b) may revise it.

• (3) If the Secretary of State revises the strategy, the Secretary of State must publish a document setting out the revised strategy.

• (4) In preparing or revising a strategy 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.

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

• (6) In this section, the reference to “risks associated with stalking” is to be read in accordance with section 1(4) of the Stalking Protection Act 2019.

Polygraph conditions for offenders released on licence

76

• (1) In Part 3 of the Offender Management Act 2007 (other provisions about the management of offenders), section 28 (application of polygraph condition) is amended as follows.

• (2) In subsection (2), for “a relevant sexual offence” substitute “ an offence within subsection (3A) ”.

• (3) In subsection (3)(a), for “for a term of twelve months or more” substitute “ that is not for a term of less than twelve months ”.

• (4) After subsection (3) insert—

(3A) An offence is within this subsection if it is— (a) a relevant offence involving domestic abuse (see subsections (3B) and (3C)), or (b) a relevant sexual offence (see subsection (4)). (3B) In this section “relevant offence involving domestic abuse” means— (a) an offence listed in subsection (3C) which involved behaviour by the offender amounting to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act); (b) an offence under section 39 of that Act (breach of domestic abuse protection order). (3C) The offences are— (a) murder; (b) an offence under section 5 of the Protection from Harassment Act 1997 (breach of a restraining order); (c) an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent offences); (d) an offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).

Disclosure of information by police

Guidance about the disclosure of information by police forces

77

• (1) The Secretary of State must issue guidance to chief officers of police about the disclosure of police information by police forces for the purposes of preventing domestic abuse.

“Police information” means information held by a police force.

• (2) Each chief officer of police of a police force must have regard to any guidance issued under this section.

• (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) the National Police Chiefs' Council, 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.

• (7) In this section—

• “chief officer of police” means—in relation to the British Transport Police Force, the Chief Constable of that Force;in relation to any other police force, the chief officer of police of that force;

• “police force” means—a police force maintained by a local policing body, orthe British Transport Police Force.

Homelessness

Homelessness: victims of domestic abuse

78

• (1) Part 7 of the Housing Act 1996 (homelessness: England) is amended as follows.

• (2) In section 177 (whether it is reasonable to continue to occupy accommodation)—

• (a) in subsection (1), for “domestic violence or other violence” substitute “ violence or domestic abuse ”;

• (b) for subsection (1A) substitute—

(1A) For this purpose— (a) “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021; (b) “violence” means— (i) violence from another person; or (ii) threats of violence from another person which are likely to be carried out.

• (3) Omit section 178 (meaning of associated person).

• (4) In section 179 (duty of local housing authority in England to provide advisory services), in subsection (5)—

• (a) for the definition of “domestic abuse” substitute—

“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;

;

• (b) omit the definition of “financial abuse”.

• (5) In section 189 (priority need for accommodation)—

• (a) in subsection (1), after paragraph (d) insert—

(e) a person who is homeless as a result of that person being a victim of domestic abuse.

;

• (b) after subsection (4) insert—

(5) In this section “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021.

• (6) In section 198 (referral of case to another local housing authority)—

• (a) in subsection (2), in paragraph (c), for “domestic violence” substitute “ domestic abuse ”;

• (b) in subsection (2ZA), in paragraph (b), for “domestic violence” substitute “ domestic abuse ”;

• (c) in subsection (2A), in paragraph (a), for “domestic violence” substitute “ violence that is domestic abuse ”;

• (d) for subsection (3) substitute—

(3) For the purposes of subsections (2), (2ZA) and (2A)— (a) “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021; (b) “violence” means— (i) violence from another person; or (ii) threats of violence from another person which are likely to be carried out.

• (7) In section 218 (index of defined expressions: Part 7), in the table, omit the entry relating to section 178.

• (8) In article 6 of the Homelessness (Priority Need for Accommodation) (England) Order 2002 (S.I. 2002/2051) (vulnerability: fleeing violence or threats of violence)—

• (a) the existing text becomes paragraph (1);

• (b) after that paragraph insert—

(2) For the purposes of this article— (a) “violence” does not include violence that is domestic abuse; (b) “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021.

• (9) In consequence of the repeal made by subsection (3), omit the following provisions—

• (a) in Schedule 8 to the Civil Partnership Act 2004, paragraph 61;

• (b) in Schedule 3 to the Adoption and Children Act 2002, paragraphs 89 to 92.

Secure tenancies

Grant of secure tenancies in cases of domestic abuse

79

• (1) Part 4 of the Housing Act 1985 (secure tenancies and rights of secure tenants) is amended as follows.

• (2) After section 81 insert—

(81ZA) (1) This section applies where a local housing authority grants a secure tenancy of a dwelling-house in England before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 (grant of new secure tenancies in England) comes fully into force. (2) The local housing authority must grant a secure tenancy that is not a flexible tenancy if— (a) the tenancy is offered to a person who is or was a tenant of some other dwelling-house under a qualifying tenancy (whether as the sole tenant or as a joint tenant), and (b) the authority is satisfied that— (i) the person or a member of the person's household is or has been a victim of domestic abuse carried out by another person, and (ii) the new tenancy is granted for reasons connected with that abuse. (3) The local housing authority must grant a secure tenancy that is not a flexible tenancy if— (a) the tenancy is offered to a person who was a joint tenant of the dwelling-house under a qualifying tenancy, and (b) the authority is satisfied that— (i) the person or a member of the person's household is or has been a victim of domestic abuse carried out by another person, and (ii) the new tenancy is granted for reasons connected with that abuse. (4) In this section— - “abuse” means— 1. physical or sexual abuse; 2. violent or threatening behaviour; 3. controlling or coercive behaviour; 4. economic abuse (within the meaning of section 1(4) of the Domestic Abuse Act 2021); 5. psychological, emotional or other abuse; - “domestic abuse” means abuse carried out by a person who is personally connected to the victim of the abuse (within the meaning of section 2 of the Domestic Abuse Act 2021); - “qualifying tenancy” means a tenancy of a dwelling-house in England which is— 1. a secure tenancy other than a flexible tenancy, or 2. an assured tenancy— 1. which is not an assured shorthold tenancy, and 2. which is granted by a private registered provider of social housing, by the Regulator of Social Housing or by a housing trust which is a charity. (5) For the purposes of this section, a person may be a victim of domestic abuse despite the fact that the abuse is directed at another person (for example, the person's child).

• (3) In section 81B (cases where old-style English secure tenancies may be granted)—

• (a) in subsection (2C)—

• (i) for the definition of “abuse” substitute—

“abuse” means— (a) physical or sexual abuse; (b) violent or threatening behaviour; (c) controlling or coercive behaviour; (d) economic abuse (within the meaning of section 1(4) of the Domestic Abuse Act 2021); (e) psychological, emotional or other abuse;

;

• (ii) for the definition of “domestic abuse” substitute—

“domestic abuse” means abuse carried out by a person who is personally connected to the victim of the abuse (within the meaning of section 2 of the Domestic Abuse Act 2021);

;

• (b) after subsection (2C) insert—

(2D) For the purposes of this section, a person may be a victim of domestic abuse despite the fact that the abuse is directed at another person (for example, the person's child).

Medical evidence of domestic abuse

Prohibition on charging for the provision of medical evidence of domestic abuse

80

• (1) No person may charge a fee or any other remuneration for the preparation or provision of relevant evidence relating to an assessment of an individual carried out by a relevant health professional in England or Wales under a qualifying medical services contract.

• (2) No person may charge a fee or any other remuneration for the preparation or provision of relevant evidence relating to an individual by a relevant health professional in England or Wales if the services provided by the relevant health professional are wholly or mainly services provided under a qualifying medical services contract.

• (3) In this section “relevant evidence”, in relation to an individual, means—

• (a) evidence that the individual is, or is at risk of being, a victim of domestic abuse which is intended to support an application by the individual for civil legal services, or

• (b) any other evidence that the individual is, or is at risk of being, a victim of domestic abuse which is of a description specified in regulations made by the Secretary of State.

• (4) In this section “relevant health professional” means—

• (a) a medical practitioner licensed to practise by the General Medical Council;

• (b) a health professional registered to practise in the United Kingdom by the Nursing and Midwifery Council;

• (c) a paramedic registered to practise in the United Kingdom by the Health and Care Professions Council.

• (5) In this section “qualifying medical services contract” means—

• (a) in relation to England—

• (i) a general medical services contract made under section 84(2) of the National Health Service Act 2006;

• (ii) any contractual arrangements made under section 83(2) of that Act;

• (iii) an agreement made under section 92 of that Act;

• (b) in relation to Wales—

• (i) a general medical services contract made under section 42(2) of the National Health Service (Wales) Act 2006;

• (ii) any contractual arrangements made under section 41(2)(b) of that Act;

• (iii) an agreement made under section 50 of that Act.

• (6) The appropriate national authority may by regulations amend the definition of—

• (a) “relevant health professional”;

• (b) “qualifying medical services contract”.

• (7) In this section—

• “appropriate national authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;

• “assessment” includes a consultation, whether in person or otherwise;

• “civil legal services” has the meaning given by section 8 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

• (8) Subsections (1) and (2) do not apply in relation to anything done by a relevant health professional before the coming into force of this section.

Data processing for immigration purposes

Review of processing of victims’ personal data for immigration purposes

81

• (1) The Secretary of State must, before the end of the relevant period—

• (a) review the processing of domestic abuse data carried out by specified public authorities for immigration purposes,

• (b) prepare and publish a report setting out the findings of the review, and

• (c) lay a copy of the report before Parliament.

• (2) In carrying out the review, the Secretary of State must have regard to the recommendations of the HMIC Report.

• (3) In subsection (1), the “relevant period” means the period beginning with the day on which this section comes into force and ending with 30 June 2021 (but see subsection (4)).

• (4) The Secretary of State may by regulations extend the relevant period by a further period of up to 6 months.

• (5) The power conferred by subsection (4) may be exercised only once.

• (6) In this section—

• “domestic abuse data” means personal data obtained for the purposes of, or in connection with, the provision of support in relation to domestic abuse to victims of domestic abuse or their children;

• “the HMIC Report” means the report on Liberty and Southall Black Sisters' super-complaint on policing and immigration status published by Her Majesty's Chief Inspector of Constabulary on 17 December 2020;

• “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

• “immigration purposes” means the purposes of—the maintenance of effective immigration control, orthe investigation or detection of activities that would undermine the maintenance of effective immigration control;

• “personal data” has the meaning given by section 3(2) of the Data Protection Act 2018;

• “processing” has the meaning given by section 3(4) of that Act;

• “specified public authority” means—a chief officer of police of a police force maintained for a police area in England and Wales;the chief constable of the Police Service of Scotland;the Chief Constable of the Police Service of Northern Ireland;the Chief Constable of the British Transport Police Force;the Chief Constable of the Ministry of Defence Police;an immigration officer or other official of the Secretary of State exercising functions in relation to immigration or asylum.

Code of practice

82

• (1) The Secretary of State may issue a code of practice relating to the processing of domestic abuse data for immigration purposes.

• (2) A code of practice issued under this section—

• (a) must be kept under review;

• (b) may be revised or replaced.

• (3) A person to whom a code of practice issued under this section applies must have regard to it in processing domestic abuse data for immigration purposes.

• (4) In preparing, revising or replacing a code, the Secretary of State must consult—

• (a) the Domestic Abuse Commissioner,

• (b) the Information Commissioner, and

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

• (5) Before issuing a code (or a revised code) under this section, the Secretary of State must lay the code before Parliament.

• (6) If, within the 40-day period, either House of Parliament resolves not to approve the code—

• (a) the code is not to be issued, and

• (b) the Secretary of State may prepare another code.

• (7) If no such resolution is passed within the 40-day period, the Secretary of State may issue the code.

• (8) In this section, the “40-day period” is the period of 40 days beginning with the day on which the code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).

• (9) In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

• (10) In this section—

• “domestic abuse data” has the same meaning as in section 81;

• “immigration purposes” has the same meaning as in section 81;

• “personal data” has the meaning given by section 3(2) of the Data Protection Act 2018;

• “processing” has the meaning given by section 3(4) of that Act.

Contact centres

Report on the use of contact centres in England

83

• (1) The Secretary of State must, before the end of the relevant period, prepare and publish a report about the extent to which individuals, when they are using contact centres in England, are protected from the risk of domestic abuse or, in the case of children, other harm.

• (2) “The relevant period” means the period of 2 years beginning with the day on which this Act is passed.

• (3) In this section “contact centre” means a place that is used for the facilitation of contact between a child and an individual with whom the child is not, or will not be, living (including the handover of the child to that individual).

Guidance

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

84

• (1) The Secretary of State may issue guidance about—

• (a) the effect of any provision made by or under—

• (i) Parts 1 to 5,

• (ii) section 68 or 70,

• (iii) section 72 or Part 1 of Schedule 3,

• (iv) section 76, 77, 78 or 79, or

• (v) section 80 so far as relating to England;

• (b) other matters relating to domestic abuse—

• (i) in England, and

• (ii) so far as not relating to Welsh devolved matters, in Wales.

• (2) The Secretary of State must, in particular, issue guidance under this section about—

• (a) the effect of sections 1 and 2, including guidance as to particular kinds of behaviour that amount to domestic abuse;

• (b) the effect of domestic abuse on children.

• (3) Any guidance issued under this section must, so far as relevant, take account of the fact that the majority of victims of domestic abuse in England and Wales (excluding children treated as victims by virtue of section 3) are female.

• (4) A person exercising public functions to whom guidance issued under this section relates must have regard to it in the exercise of those functions.

But nothing in this section permits the Secretary of State to issue guidance to a court or tribunal.

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

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

• (a) the Domestic Abuse Commissioner,

• (b) the Welsh Ministers, so far as the guidance relates to a devolved Welsh authority, and

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

• (7) In subsection (6)(b) “devolved Welsh authority” has the meaning given by section 157A of the Government of Wales Act 2006.

• (8) Subsection (6) 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.

• (9) The Secretary of State must publish—

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

• (b) any revisions of that guidance.

• (10) For the purposes of this section something relates to Welsh devolved matters so far as it relates to—

• (a) any matter provision about which would be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru, or

• (b) (so far as it is not within paragraph (a)), any matter functions with respect to which are exercisable by the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government or the Senedd Commission.

Powers to make consequential or transitional provision, etc

Power to make consequential amendments

85

• (1) The Secretary of State may by regulations make provision that is consequential on any provision made by or under—

• (a) Parts 1 to 5,

• (b) section 68, ... 70 or 71,

• (c) section 72 or Part 1 of Schedule 3, or

• (d) section 76, 77, 78, 79, 81 or 82.

• (2) The appropriate national authority may by regulations make provision that is consequential on any provision made by or under section 80.

• (3) In subsection (2) “the appropriate national authority” means—

• (a) in relation to England, the Secretary of State;

• (b) in relation to Wales, the Welsh Ministers.

• (4) The power of the Secretary of State to make regulations under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an Act passed before, or in the same session of Parliament as, this Act.

• (5) The power of the Welsh Ministers to make regulations under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under primary legislation passed or made before, or in the same session of Parliament as, this Act.

• (6) In subsection (5) “primary legislation” means—

• (a) an Act of Parliament;

• (b) a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru.

Power to make transitional or saving provision

86

• (1) The Secretary of State may by regulations make such transitional or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of—

• (a) Parts 1 to 5,

• (b) section 68, ... 70 or 71,

• (c) section 72 or 74(1) or Part 1 of Schedule 3, or

• (d) any of sections 75 to 79 or 81 to 84.

• (2) The appropriate national authority may by regulations make such transitional or saving provision as the authority considers appropriate in connection with the coming into force of section 80.

• (3) In subsection (2) “the appropriate national authority” means—

• (a) in relation to England, the Secretary of State;

• (b) in relation to Wales, the Welsh Ministers.

• (4) The Department of Justice in Northern Ireland may by regulations make such transitional or saving provision as the Department considers appropriate in connection with the coming into force of any provision of section 73 or 74(3) or Part 3 of Schedule 3.

• (5) Regulations under this section may (among other things) make any adaptations of provisions of this Act mentioned in subsection (1), (2) or (4) (as the case may be) brought into force that appear to be appropriate in consequence of other provisions of this Act not yet having come into force.

Final provisions

Regulations

87

• (1) Any power of the Secretary of State, the Lord Chancellor or the Welsh Ministers to make regulations under this Act is exercisable by statutory instrument.

• (2) Any power of the Department of Justice in Northern Ireland to make regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

• (3) Regulations under this Act may—

• (a) make different provision for different purposes or in relation to different areas;

• (b) contain supplementary, incidental, consequential, transitional or saving provision.

• (4) Subsection (3) does not apply to regulations under section 90 (see instead subsection (7) of that section).

• (5) A statutory instrument containing regulations made by the Secretary of State or Lord Chancellor under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless the instrument—

• (a) is required by subsection (6) or any other enactment to be laid in draft before, and approved by a resolution of, each House of Parliament, or

• (b) contains only regulations under section 20(4), 37(7), 81(4), 86 or 90.

• (6) A statutory instrument that contains (with or without other provisions)—

• (a) regulations under section 41(7),

• (b) regulations of the Secretary of State under section 80(6), or

• (c) regulations of the Secretary of State under section 85 that amend or repeal any Act,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (7) A statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution made by Senedd Cymru, unless the instrument—

• (a) is required by subsection (8) or any other enactment to be laid before, and approved by a resolution of, Senedd Cymru, or

• (b) contains only regulations under section 86.

• (8) A statutory instrument that contains (with or without other provisions)—

• (a) regulations of the Welsh Ministers under section 80(6), or

• (b) regulations of the Welsh Ministers under section 85 that amend or repeal primary legislation (within the meaning of section 85(4)),

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

Financial provision

88

There is to be paid out of money provided by Parliament—

• (a) any expenditure incurred by a Minister of the Crown under or by virtue of this Act, and

• (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Extent

89

• (1) Except as set out below, this Act extends to England and Wales only.

• (2) Any amendment or repeal made by Part 2 or 3 or Schedule 2 has the same extent within the United Kingdom as the provision amended or repealed.

• (3) Section 74(2) and Part 2 of Schedule 3 extend to Scotland only.

• (4) Sections 73 and 74(3) and Part 3 of Schedule 3 extend to Northern Ireland only.

• (5) The following provisions extend to England and Wales, Scotland and Northern Ireland—

• (a) section 39(7),

• (b) sections 81 and 82,

• (c) sections 85 to 88,

• (d) this section, and

• (e) sections 90 and 91.

• (6) Section 39(7) and this subsection (and sections 85 to 87, 90 and 91, so far as relating to those provisions) extend to—

• (a) the Isle of Man, and

• (b) the British overseas territories except Gibraltar;

and the power under section 384(2) of the Armed Forces Act 2006 may be exercised so as to modify section 39(7) as it extends to the Isle of Man or a British overseas territory other than Gibraltar.

• (7) The power under section 384(1) of the Armed Forces Act 2006 may be exercised so as to extend section 39(7) of this Act to any of the Channel Islands (with or without modifications).

Commencement

90

• (1) The following provisions of this Act come into force on the day on which this Act is passed—

• (a) section 71;

• (b) section 75;

• (c) section 81;

• (d) section 83;

• (e) sections 85 to 89, this section and section 91;

• (f) any power to make regulations under or by virtue of this Act.

• (2) Sections 69, 72 and 74(1) and Part 1 of Schedule 3 come into force at the end of the period of two months beginning with the day on which this Act is passed.

• (3) Section 74(2) and Part 2 of Schedule 3 come into force in accordance with provision contained in regulations made by the Scottish Ministers.

• (4) Sections 73 and 74(3) and Part 3 of Schedule 3 come into force in accordance with provision contained in an order made by the Department of Justice in Northern Ireland.

• (5) Section 80 comes into force on 1 October 2021.

• (6) The remaining provisions of this Act come into force in accordance with provision contained in regulations made by the Secretary of State.

• (7) Regulations or an order under this section may make different provision for different purposes or in relation to different areas.

• (8) Regulations under this section bringing any provision of Part 3 or section 76 into force only for a specified purpose or in relation to a specified area may—

• (a) provide for that provision or section to be in force for that purpose or in relation to that area for a specified period;

• (b) make transitional or saving provision relating to that provision or section ceasing to be in force at the end of the specified period.

• (9) Regulations containing provision permitted by subsection (8)(a) may be amended by subsequent regulations under this section so as to continue any provision of Part 3 or section 76 in force for the specified purpose or in relation to the specified area for a further specified period.

• (10) The power of the Department of Justice in Northern Ireland to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

• (11) Any provision which the Department of Justice in Northern Ireland could make by regulations under section 86 may be made by the Department by an order under this section.

Short title

91

This Act may be cited as the Domestic Abuse Act 2021.

SCHEDULE 1

Introductory

1

This Schedule applies where a court has power to remand a person (“P”) under section 40.

Remand in custody or on bail

2

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

• (2) If remanded in custody, P is to be committed to custody to be brought before the court—

• (a) at the end of the period of remand, or

• (b) at such earlier time as the court may require.

• (3) The court may remand P on bail—

• (a) by taking from P a recognizance (with or without sureties) conditioned as provided in paragraph 3, or

• (b) by fixing the amount of the recognizances with a view to their being taken subsequently in accordance with paragraph 7 and, in the meantime, committing P to custody as mentioned in sub-paragraph (2).

• (4) Where P is brought before the court after remand, the court may further remand P.

3

• (1) Where P is remanded on bail, the court may direct that P's recognizance be conditioned for P's appearance—

• (a) before the court at the end of the period of remand, or

• (b) at every time and place to which during the course of the proceedings the hearing may from time to time be adjourned.

• (2) Where a recognizance is conditioned for P's appearance as mentioned in sub-paragraph (1)(b), the fixing of a time for P next to appear is to be treated as a remand.

• (3) Nothing in this paragraph affects the power of the court at any subsequent hearing to remand P afresh.

4

• (1) The court may not remand P for a period exceeding eight clear days unless—

• (a) the court adjourns proceedings for the purpose mentioned in paragraph 5(1), or

• (b) P is remanded on bail and both P and the person who applied for the warrant under section 40 consent.

This is subject to paragraph 6.

• (2) Where the court has power to remand P in custody, P may be committed to the custody of a constable if the remand is for a period not exceeding three clear days.

Remand for medical examination and report

5

• (1) If the court has reason to suspect that a medical report will be required, the power to remand a person under section 40 may be exercised for the purpose of enabling a medical examination to take place and a report to be made.

• (2) If the person is remanded in custody for that purpose, the adjournment may not be for more than 3 weeks at a time.

• (3) If the person is remanded on bail for that purpose, the adjournment may not be for more than 4 weeks at a time.

• (4) Sub-paragraph (5) applies if there is reason to suspect that a person who has been arrested under a warrant issued on an application made under section 40 is suffering from mental disorder within the meaning of the Mental Health Act 1983.

• (5) The court has the same power to make an order under section 35 of that Act (remand to hospital for report on accused's mental condition) as the Crown Court has under that section in the case of an accused person (within the meaning of that section).

Further remand

6

• (1) If the court is satisfied that a person (“P”) who has been remanded is unable by reason of illness or accident to appear or be brought before the court at the end of the period of remand, the court may further remand P in P's absence.

• (2) The power under sub-paragraph (1) may, in the case of a person who was remanded on bail, be exercised by enlarging the person's recognizance and those of any sureties for the person to a later time.

• (3) Where a person (“P”) remanded on bail is bound to appear before the court at any time and the court has no power to remand P under sub-paragraph (1), the court may (in P's absence) enlarge P's recognizance and those of any sureties for P to a later time.

• (4) The enlargement of P's recognizance is to be treated as a further remand.

• (5) Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers conferred by this paragraph.

Postponement of taking of recognizance

7

Where under paragraph 2(3)(b) the court fixes the amount in which the principal and the sureties, if any, are to be bound, the recognizance may afterwards be taken by a person prescribed by rules of court, with the same consequences as if it had been entered into before the court.

Requirements imposed on remand on bail

8

The court may, when remanding a person on bail in accordance with this Schedule, require the person to comply, before release on bail or later, with any requirements that appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.

SCHEDULE 2

Police and Criminal Evidence Act 1984

1

In section 65A of the Police and Criminal Evidence Act 1984 (qualifying offences for the purposes of Part 5 of that Act), in subsection (2), after paragraph (r) insert—

(ra) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Housing Act 1985

2

In Schedule 2A to the Housing Act 1985 (absolute ground for possession for anti-social behaviour: serious offences), after paragraph 14 insert—

(14A) An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Criminal Justice and Public Order Act 1994

3

In Part 1 of Schedule 7A to the Criminal Justice and Public Order Act 1994 (offences in England and Wales for which cross-border powers of arrest available), for paragraph 24 substitute—

(24) An offence under either of the following provisions of the Serious Crime Act 2015— (a) section 45 (participating in activities of organised crime group); (b) section 75A (strangulation or suffocation).

Crime and Disorder Act 1998

4

• (1) Section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults) is amended as follows.

• (2) In subsection (1), after paragraph (b) (but before the “or” following it) insert—

(ba) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);

.

• (3) In subsection (2), for “or (b)” substitute “ , (b) or (ba) ”.

Youth Justice and Criminal Evidence Act 1999

5

• (1) Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (proceedings in which witnesses are automatically eligible for assistance on grounds of fear or distress about testifying) is amended as follows.

• (2) After paragraph 29 insert—

(29A) An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation) in a case where it is alleged that— (a) the accused was carrying a firearm or knife at any time during the commission of the offence, and (b) a person other than the accused knew or believed at any time during the commission of the offence that the accused was carrying a firearm or knife.

• (3) In paragraph 30, after “paragraphs 1 to 8” insert “ and 29A ”.

Sexual Offences Act 2003

6

In Schedule 5 to the Sexual Offences Act 2003 (cases where sexual harm prevention orders may be made), after paragraph 63B insert—

(63C) An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Criminal Justice Act 2003

7

In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (violent offences specified for purposes of certain custodial sentences), before paragraph 63G insert—

(63FA) An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Domestic Violence, Crime and Victims Act 2004

8

In section 6A of the Domestic Violence, Crime and Victims Act 2004 (evidence and procedure in cases of serious physical harm: England and Wales), in subsection (2), at the end insert—

(c) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Children Act 2004

9

In section 58 of the Children Act 2004 (reasonable punishment: England), in subsection (2), after paragraph (c) insert—

(d) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Criminal Justice and Immigration Act 2008

10

In section 98 of the Criminal Justice and Immigration Act 2008 (violent offender orders), in subsection (3), after paragraph (d) insert—

(da) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);

.

Modern Slavery Act 2015

11

In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence for slavery or trafficking victims under section 45 of that Act does not apply), after paragraph 35 insert—

(35A) An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Sentencing Act 2020

12

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

• (2) In section 67 (assaults on emergency workers), in subsection (3), after paragraph (a) insert—

(aa) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);

.

• (3) In Part 1 of Schedule 18 (violent offences for which extended sentence of imprisonment available), after paragraph 25 insert—

(25A) An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

SCHEDULE 3

PART 1 — England and Wales

Protection from Harassment Act 1997

1

In the Protection from Harassment Act 1997, after section 4A insert—

(4B) (1) If— (a) a person's course of conduct consists of or includes conduct in a country outside the United Kingdom, (b) the course of conduct would constitute an offence under section 4 or 4A if it occurred in England and Wales, 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.

Sexual Offences Act 2003

2

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

• (2) In section 72 (offences outside the United Kingdom)—

• (a) in subsections (1)(b) and (2)(c), for “section” substitute “ subsection ”;

• (b) in subsection (3)(c), for “section” substitute “ subsection ”;

• (c) in subsection (10), for “this section applies” substitute “ subsections (1) to (3) apply ”.

• (3) In Schedule 2 (sexual offences to which section 72 applies)—

• (a) in the heading, for “section 72” substitute “ section 72(1) to (3) ”;

• (b) in paragraph 1, in the opening words, for “section 72 applies” substitute “ subsections (1), (2) and (3) of section 72 apply ”;

• (c) after paragraph 1 insert—

(1A) In relation to England and Wales, subsections (1) and (2) of section 72 also apply to an offence under any of sections 1 to 4 where the victim of the offence was 18 or over at the time of the offence.

;

• (d) in paragraph 3, after “paragraph 1” insert “ or 1A ”.

Serious Crime Act 2015

3

In the Serious Crime Act 2015, after section 76 (controlling or coercive behaviour in an intimate or family relationship) insert—

(76A) (1) If— (a) a person's behaviour consists of or includes behaviour in a country outside the United Kingdom, (b) the behaviour would constitute an offence under section 76 if it occurred in England and Wales, 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.

PART 2 — Scotland

Criminal Procedure (Scotland) Act 1995

4

• (1) Section 11 of the Criminal Procedure (Scotland) Act 1995 (certain offences committed outside Scotland) is amended as follows.

• (2) In subsections (1) and (2), for “British citizen or British subject” substitute “ relevant person ”.

• (3) After subsection (2) insert—

(2A) Any relevant person who in a country outside the United Kingdom does any act which— (a) constitutes an offence under the law in force in that country, and (b) if done in Scotland would constitute the crime of assault, is guilty of the same crime and subject to the same punishment as if the act had been done in Scotland. (2B) For the purposes of subsection (2A)(a), an act punishable under the law in force in the country is an offence under that law however it is described in that law. (2C) The condition specified in subsection (2A)(a) is to be taken as satisfied unless, not later than such time as may be prescribed by Act of Adjournal, the accused serves on the prosecutor a notice— (a) stating that, on the facts as alleged with respect to the act in question, the condition is not in the accused's opinion satisfied, (b) setting out the grounds for the accused's opinion, and (c) requiring the prosecutor to prove that the condition is satisfied. (2D) But the court, if it thinks fit, may permit the accused to require the prosecutor to prove that the condition is satisfied without the prior service of a notice under subsection (2C). (2E) In proceedings on indictment, the question whether the condition is satisfied is to be determined by the judge alone. (2F) For the purposes of subsections (1) to (2B)— - “country” includes territory; - “relevant person” means a person who is a United Kingdom national or is habitually resident in Scotland; - “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.

Sexual Offences (Scotland) Act 2009 (asp 9)

5

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

• (2) After section 54C insert—

(54D) (1) If— (a) a person who is a UK national does an act in a country outside the United Kingdom, and (b) the act, if done in Scotland, would constitute an offence to which this subsection applies, then the person commits that offence. (2) If— (a) a person who is habitually resident in Scotland 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 Scotland, would constitute an offence to which this subsection applies, then the person commits that offence. (3) The offences to which subsections (1) and (2) apply are offences under any of sections 1 to 4 where the victim of the offence was 18 or over at the time of the offence. (4) For the purposes of subsection (2)(b), an act punishable under the law in force in the country is an offence under that law however it is described in that law. (5) The condition specified in subsection (2)(b) is to be taken as satisfied unless, not later than such time as may be prescribed by Act of Adjournal, the accused serves on the prosecutor a notice— (a) stating that, on the facts as alleged with respect to the act in question, the condition is not in the accused's opinion satisfied, (b) setting out the grounds for the accused's opinion, and (c) requiring the prosecutor to prove that the condition is satisfied. (6) But the court, if it thinks fit, may permit the accused to require the prosecutor to prove that the condition is satisfied without the prior service of a notice under subsection (5). (7) In proceedings on indictment, the question whether the condition is satisfied is to be determined by the judge alone. (8) A person may be prosecuted, tried and punished for an offence by virtue of this section— (a) in any sheriff court district in Scotland in which the person is apprehended or is in custody, or (b) in such sheriff court district as the Lord Advocate may determine, as if the offence had been committed in that district; and the offence is, for all purposes incidental to or consequential on trial or punishment, to be deemed to have been committed in that district. (9) In this section— - “country” includes territory; - “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation); - “UK 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.

• (3) In the heading of section 55, at the end insert “ : child victims ”.

• (4) For the heading of section 56 substitute “ Section 55: continuity of law ”.

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

6

In the Criminal Justice and Licensing (Scotland) Act 2010, after section 39 insert—

(39A) (1) If— (a) a person's course of conduct consists of or includes conduct in a country outside the United Kingdom, (b) the course of conduct would constitute the offence of stalking if it occurred in Scotland, and (c) the person is a United Kingdom national or is habitually resident in Scotland, then the person commits that offence. (2) If a person's course of conduct consists entirely of conduct in a country outside the United Kingdom— (a) the person may be prosecuted, tried and punished for an offence of stalking by virtue of this section— (i) in any sheriff court district in Scotland in which the person is apprehended or is in custody, or (ii) in such sheriff court district as the Lord Advocate may determine, as if the offence had been committed entirely in that district, and (b) the offence is, for all purposes incidental to or consequential on trial or punishment, to be deemed to have been committed entirely in that district. (3) In this section— - “country” includes territory; - “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation); - “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.

PART 3 — Northern Ireland

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

7

In the Protection from Harassment (Northern Ireland) Order 1997, after Article 6 insert—

(6A) (1) If— (a) a person's course of conduct consists of or includes conduct in a country outside the United Kingdom, (b) the course of conduct would constitute an offence under Article 6 if it occurred in Northern Ireland, and (c) the person is a United Kingdom national or is resident in Northern Ireland, the person is guilty in Northern Ireland of that offence. (2) In this Article— - “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.

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

8

In Article 76 of the Sexual Offences (Northern Ireland) Order 2008 (offences outside the United Kingdom)—

• (a) in paragraphs (1)(b) and (2)(c), for “Article” substitute “ paragraph ”;

• (b) in paragraph (3)(c), for “Article” substitute “ paragraph ”;

• (c) in paragraph (10), for “this Article applies” substitute “ paragraphs (1), (2) and (3) apply ”;

• (d) after paragraph (10) insert—

(10A) Paragraphs (1) and (2) also apply to an offence under any provision of Part 2 where the victim of the offence was 18 or over at the time of the offence.

;

• (e) in paragraphs (11) and (12), after “paragraph (10)” insert “ or (10A) ”.

Appointment of Commissioner

Funding

Special measures in criminal proceedings for offences involving domestic abuse

Special measures in criminal proceedings for offences involving domestic abuse

Special measures in family proceedings: victims of domestic abuse

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

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

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

Guidance about the disclosure of information by police forces

Polygraph conditions for offenders released on licence

Polygraph conditions for offenders released on licence

Homelessness: victims of domestic abuse

Prohibition on charging for the provision of medical evidence of domestic abuse

Introductory

Remand in custody or on bail

Remand for medical examination and report

Further remand

Postponement of taking of recognizance

Requirements imposed on remand on bail

Police and Criminal Evidence Act 1984

Housing Act 1985

Criminal Justice and Public Order Act 1994

Crime and Disorder Act 1998

Youth Justice and Criminal Evidence Act 1999

Sexual Offences Act 2003

Criminal Justice Act 2003

Domestic Violence, Crime and Victims Act 2004

Children Act 2004

Criminal Justice and Immigration Act 2008

Modern Slavery Act 2015

Sentencing Act 2020

Protection from Harassment Act 1997

Sexual Offences Act 2003

Serious Crime Act 2015

Criminal Procedure (Scotland) Act 1995

Sexual Offences (Scotland) Act 2009 (asp 9)

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

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

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

Editorial notes