Enhanced Domestic Abuse Bill introduced to Parliament

The Domestic Abuse Bill will today (03/03) have its first reading in Parliament and is an enhanced version of the bill previously put before Parliament in previous sessions.

Enhancements in this version of the bill include the requirement for tier one local authorities in England to provide support and safe accommodation for victims and their children. In addition to this, the bill will encompass trends such as ‘tech abuse’ and economic abuse.

Source: Gov.uk

NEW NPCC GUIDANCE HAS BEEN ISSUED REINFORCING USE OF PRE-CHARGE BAIL

Concern that pre-charge bail has fallen considerably, including in domestic abuse, sexual offences and cases involving vulnerable people, has prompted new guidance from the NPCC.  The consideration of whether or not to apply bail must take into account all the circumstances of a case, including the necessity to support and protect victims and witnesses, and ensure public safety.  Decisions should be made by investigating officers, custody officers, and supervising officers. The guidance makes clear the circumstances in which pre-charge bail should be used:

  • If there is a risk of a suspect committing further offences or failing to surrender to custody;
  • The suspect being a threat to the public;
  • The suspect interfering with an investigation or witness;
  • Or for their own protection (if they are vulnerable).

If a suspect has been arrested in connection with an offence involving vulnerable people or domestic abuse then serious consideration must be given to the use of bail with conditions in order to safeguard victims. If pre-charge bail is not used, officers should document their decision making. Victims and witnesses should be informed that a suspect has been released under investigation and given advice about what to do if they are targeted by the suspect.  The guidance encourages officers to seek counsel from senior colleagues in these cases.

Government unveils new support for survivors of domestic abuse

The Government have announced new packages of support for individuals fleeing abusive and violent relationships. This includes the legal requirement for councils to provide support in secure accommodation for survivors of domestic abuse and their children.

A 12 week consultation has also been announced alongside a draft Domestic Abuse Bill, which will be the first statutory government definition of domestic abuse to include economic abuse and manipulative non-physical abuse. Moreover, the Bill will introduce a new Domestic Abuse Commissioner and prohibit the cross-examination of victims by their abusers in family courts.

Source: Gov.uk

The Domestic Abuse Report 2019: The Economics of Abuse

The Domestic Abuse Report 2019: The Economics of Abuse is the first thematic report from the series in 2019. The Annual Audit will be published later this month.

Economic abuse is often misunderstood but it is a key tactic used by perpetrators of domestic abuse to control their partner and stop her from leaving. The Domestic Abuse Report 2019: The Economics of Abuse explores the relationship between domestic abuse and economic resources, looking at the needs and experiences of survivors around finances, welfare, housing and employment (economic needs), and how these needs are met by specialist domestic abuse services.

Source: Women’s Aid

Violence against women and girls newsletter: spring 2019

The Home Office has published the Spring 2019 Violence Against Women and Girls newsletter. The newsletter focuses on a number of topics including the Domestic Abuse Bill and the Violence Against Women and Girls (VAWG) Strategy refresh.

As well as refreshing the VAWG Strategy, the report announces the publication of a position paper about male victims of crimes relating to the VAWG Strategy. This is due to a significant number of males being affected by crimes covered in the VAWG Strategy such as domestic abuse and forced marriage.

Source: Gov.uk

Police failing to protect rape and abuse victims, says super-complaint

The Centre for Women’s Justice has accused police forces of failing to use existing powers to deal with domestic abuse, stalking and rape. This comes as a second super-complaint has been made to a national watchdog by campaigners suggesting there are systematic failures preventing the protection of victims of domestic and sexual violence.

The failures have been linked to the introduction of ‘released under investigation’ rules set out by the government which unlike bail cannot have conditions placed upon the offender. As a result, it can make it easier for victims to be contacted and protected.

Source: The Guardian

Male Victims position paper added to Strategy to end violence against women and girls: 2016 to 2020

The Government have updated the Strategy to end violence against women and girls: 2016 to 2020 to include a paper on male victims. This is as a result of the number of men who are victims of the crimes covered in the strategy. It is also meant to encourage more men who experience these crimes to come forward.

As well as adding the Male Victims position paper, the Government have refreshed the original strategy to re-affirm strategic commitments as well as providing detail of the progress that has already been made.

Source: gov.uk

Survey of public perceptions of sexual consent

A report has been published for the End Violence Against Women Coalition by YouGov regarding attitudes to sexual consent.

Key findings;

  • A third (33%) of people in Britain think it isn’t usually rape if a woman is pressured into having sex but there is no physical violence.
  • A third of men think if a woman has flirted on a date it generally wouldn’t be rape, even if she hasn’t consented to sex (21% of women believe this). Almost a quarter (24%) don’t think that, in most cases, sex without consent in long-term relationships is rape (despite laws against rape in marriage being in place since 1991).
  • Over 65s have most troubling attitudes to rape, while younger people have opinions that are more closely aligned to the law.
  • Some people (11%) believe the more sexual partners a woman has, the less harm they experience from rape.
  • ‘Stealthing’: 40% think it is never or usually not rape to remove a condom without a partner’s consent.
  • 60% of people think that free counselling services are available to victims of rape.
  • Around one in 10 are unsure or think it’s usually not rape to have sex with a woman who is asleep or too drunk to consent.

Source: End Violence Against Women

Domestic abuse consultation response and draft bill

The government have published the domestic abuse consultation response and draft bill, as well as a report on the economic and social costs of domestic abuse.

The consultation asked questions on how it could achieve 4 main objectives, each with prevention and protection at their heart:

  1. promote awareness – to put domestic abuse at the top of everyone’s agenda, and raise public and professional awareness
  2. protect and support – to enhance the safety of victims and the support that they receive
  3. transform the justice process – to prioritise victim safety in the criminal and family courts, and review the perpetrator journey from identification to rehabilitation
  4. improve performance – to drive consistency and better performance in the response to domestic abuse across all local areas, agencies and sectors

Nine measures were identified that require primary legislation to implement. These will now be taken forward in the draft Domestic Abuse Bill and be subject to pre-legislative scrutiny.

These 9 measures are:

  1. provide for a statutory definition of domestic abuse
  2. establish the office of Domestic Abuse Commissioner and set out the commissioner’s functions and powers
  3. provide for a new Domestic Abuse Protection Notice and Domestic Abuse Protection Order
  4. prohibit perpetrators of domestic and other forms of abuse from cross-examining their victims in person in the family courts (and prevent victims from having to cross-examine their abusers) and give the court discretion to prevent cross-examination in person where it would diminish the quality of the witness’s evidence or cause the witness significant distress
  5. create a statutory presumption that complainants of an offence involving behaviour that amounts to domestic abuse are eligible for special measures in the criminal courts
  6. enable high-risk domestic abuse offenders to be subject to polygraph testing as a condition of their licence following their release from custody
  7. place the guidance supporting the Domestic Violence Disclosure Scheme on a statutory footing
  8. ensure that, where a local authority, for reasons connected with domestic abuse, grants a new secure tenancy to a social tenant who had or has a secure lifetime or assured tenancy (other than an assured shorthold tenancy), this must be a secure lifetime tenancy
  9. extend the extra-territorial jurisdiction of the criminal courts in England and Wales to further violent and sexual offences

Associated documents can be found here.