PM Unveils Flagship Domestic Abuse Bill

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30 Jan, 2019

The Prime Minister this month unveiled her flagship Domestic Abuse Bill, with a number of new offences proposed to clamp down on abusers.

New offences under the proposed legislation could include the criminalisation of economic abuse – whereby offenders use access to money or assets in order to control their partner, whether physically or through non-physical, coercive behaviour. The offence would criminalise behaviour such as denying a partner access to their own or joint bank accounts or preventing a partner from working. In addition, the extensive reform hopes to provide improved support for victims and prevent alleged domestic abusers from cross-examining their former partners during trials in the family courts.

Controlling or Coercive Behaviour in Relationships: Making Legislation Work More Effectively for Victims from <a href="//www.slideshare.net/ibbsolicitorsuk" target="_blank" rel="noopener noreferrer">IBB Solicitors</a><a download="coercive_and_controlling_behaviour_-_web_version_230119.pdf" href="" wp-content="" uploads="" coercive_and_controlling_behaviour_-_web_version300119_new="" pdf="" target="_blank" rel="noopener noreferrer">DOWNLOAD</a> The practice, which has already been abolished in the criminal courts, has been criticised for being unfair to victims and impeding justice by discouraging victims from coming forward to seek legal justice against their abusers. Also included in the draft legislation is a proposal for the creation of a Domestic Abuse Commissioner, whose role would be to “hold the government to account” in its handling of domestic abuse. <h2>Lie detector tests and protection orders proposed</h2> A key element of the bill is the proposed introduction of a new, domestic abuse specific form of anti-social behaviour orders. Under <a href="https://www.gov.uk/government/publications/domestic-violence-protection-orders" target="_blank" rel="noopener noreferrer">Domestic Abuse Protection Orders</a>, courts would be able to impose a range of conditions on those found guilty of abusive behaviour. Measures could include monitoring via electronic tagging, compulsory treatment of alcohol disorders, and attendance of a programme addressing an abuser’s “underlying attitudes or additions.” Breach of an order’s conditions would be a criminal offence, punishable with sentences of up to five years in jail. In addition, the legislation could see offenders who are convicted of particularly serious forms of <a href="/service/childcare/domestic-violence-and-abuse">domestic violence</a> subjected to lie detector tests. Policy makers are seeking legal powers to trial the efficacy of polygraph testing on abusers, in hopes that this approach may reduce instances of repeat offending and make it more likely that abusers do not continue to harass their victims. Chief executive of <a href="https://www.womensaid.org.uk/" target="_blank" rel="noopener noreferrer">Women’s Aid</a> Katie Ghose welcomed the new legislative proposals, stating that they had “the potential to create a step-change in the national response, to create a more effective approach to tackling domestic abuse.” She added however that “sustainable funding for our life-saving network of specialist support services must be at the centre” of these reforms in order “to make a real difference to survivors’ lives.” <h2>1.2m women suffered domestic abuse in 2017</h2> <iframe allowfullscreen="allowfullscreen" frameborder="0" marginheight="0" marginwidth="0" scrolling="no" src="//www.slideshare.net/slideshow/embed_code/key/GOSqGCIzAgott" target="_blank" title="Research Statistics 2019: Coercive and Controlling Behaviour in Relationships">Research Statistics 2019: Coercive and Controlling Behaviour in Relationships</a> from <a href="//www.slideshare.net/ibbsolicitorsuk" target="_blank" rel="noopener noreferrer">IBB Solicitors</a> Home secretary Sajid Javid welcomed the legislative proposals as a win for victims of domestic abuse across the country, stating that domestic abuse can “happen anywhere, to anyone”. Shadow home secretary Dianne Abbot however warned that the legislation had not gone far enough, urging that: <blockquote>“..there should be long term funding commitments to ensure sufficient resources are available for abuse survivors.”</blockquote> According to figures from the Office for National Statistics’s crime survey, 1.2m women across the country suffered domestic abuse in 2017. Meanwhile, a government report published this month on the economic and social cost of domestic abuse nationwide estimated the crime cost £66bn in the 2016-17 financial year. The majority of this cost related to physical and emotional damage caused by domestic abuse, as well as the cost to the NHS and police. £8m was pledged by the Home Office in January towards supporting children affected by domestic abuse. However, in a joint response to this award, the chief executives of charities Action for Children and Barnardo’s said that structural changes were also needed, urging in a joint statement: <blockquote>“The government needs to work with local authorities to end the current postcode lottery of services for children.”</blockquote> The new legislation will also help to combat domestic abuse suffered by male victims, with £500,000 pledged towards improving men’s support. <h2>Contact our divorce and family law experts today</h2> If you would like to discuss any aspect of family law, are considering <a href="/service/family-matrimonial/getting-divorce">divorce proceedings</a>, a<a href="/service/family-matrimonial/legal-separation"> trial separation</a>, <a href="/service/family-matrimonial/divorce-mediation">divorce mediation</a> or want to draw up a <a href="/service/family-matrimonial/pre-nups-and-post-nups">pre or post-nuptial agreement</a>, call us in absolute confidence on 03456 381381. Alternatively, email us at <a href="mailto:familylaw@ibblaw.co.uk">familylaw@ibblaw.co.uk</a>.