Last week, Justice Minister Naomi Long introduced the Domestic Abuse and Family Proceedings Bill 2020 into the Assembly which passed the first stage.
This Bill is to create a course of conduct offence and a sentencing aggravation concerning domestic abuse and make rules as to procedure and giving evidence in criminal cases involving domestic abuse; and prevent cross-examination in person of certain witnesses in particular circumstances in family proceedings in the civil courts.
Background and Policy Objective
In March 2016 the Department of Justice published a seven-year Strategy entitled ‘Stopping Domestic and Sexual Violence and Abuse in Northern Ireland’. This Strategy acknowledged the serious nature of domestic violence and abuse, as well as stressing the need to ensure that perpetrators were held to account for their actions.
The Strategy also provided new Government definitions for both domestic and sexual violence and abuse. These reflected a modern understanding of what domestic and sexual violence and abuse is and included specific reference to controlling and coercive behaviour, that is abusive behaviour.
The Strategy outlined a commitment to consult on whether there was a need for a new criminal offence, to capture domestic abuse as criminal behaviour that can be addressed through the justice system.
Overview
Legislation is required to close a gap in the law and ensure that protection for victims is not limited to physically violent behaviour, as at present.
The Bill will create a new domestic abuse offence for Northern Ireland which will capture patterns of controlling and coercive behaviour, as well as physical abuse, against a partner, former partner or family member.
The effect domestic abuse can have on children is also reflected in the offence. For this reason, where the victim in a relationship is under 18, where a child sees, hears or is present during an incident of abusive behaviour or where a child is used to abuse a victim, there may be an enhanced sentence.
The Bill contains 28 clauses and is divided into three parts.
Part one deals with domestic abuse (an offence and aggravation) and is separated into three chapters.
Part two deals with cross-examination in family proceedings.
Part three deals with commencement and the short title of the Bill.
Next Steps?
MLAs in the Northern Ireland Assembly will now scrutinise the Bill at the various stages. These include, Second Stage; Committee Stage; Consideration; Further Consideration; and Final Stage before receiving Royal Assent.
The Second Stage of the Bill is expected to take place in the Assembly on 28 April.
Minister Long has committed to engaging with Assembly colleagues as well as criminal justice and voluntary and community sector partners as the Bill progresses towards becoming law.
