Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 Explanatory Notes

1. Introduction

2. Background and Policy Objectives

3. Overview

   1. Part 1, Chapter 1 – Offence of Domestic Abuse

   2. Part 1, Chapter 2 – Aggravation as to Domestic Abuse

   3. Part 1, Chapter 3 – Miscellaneous Provision

   4. Part 2 – Family and Civil Proceedings

      Factors relevant to residence and contact orders

      1. Prohibition of cross-examination in person

      2. Rules of court on special measures directions in family and civil proceedings

4. Commentary on Sections

   1. Part 1, Chapter 1 – Offence of Domestic Abuse

      1. Section 1: The domestic abuse offence

      2. Section 2: What amounts to abusive behaviour

      3. Section 3: Impact of behaviour on victim

      4. Section 4: Meaning of behaviour etc.

      5. Section 5: Meaning of personal connection

      6. Section 6: Establishing connection by notice

      7. Section 7: How notice is to be served

      8. Section 8: Aggravation where victim is under 18

      9. Section 9: Aggravation where relevant child is involved

      10. Section 10: Behaviour occurring outside the UK

      11. Section 11: Exception where responsibility for children

      12. Section 12: Defence on the grounds of reasonableness

      13. Section 13: Alternative available for conviction

      14. Section 14: Penalty for the offence

   2. Part 1, Chapter 2 – Aggravation as to Domestic Abuse

      1. Section 15: Aggravation as to domestic abuse

      2. Section 16: What amounts to the aggravation

      3. Section 17: Exception regarding the aggravation

      4. Section 18: Meaning of personal connection

      5. Section 19: Establishing connection by notice

      6. Section 20: How notice is to be served

   3. Part 1, Chapter 3 – Miscellaneous Provision

      1. Section 21: Meaning of ill-treatment etc. in offence provision

      2. Section 22: No right to claim trial by jury

      3. Section 23: Special measures directions

      4. Section 24: Prohibition of cross-examination in person

      5. Section 25: Meaning of offence involving domestic abuse etc.

      6. Section 26: Information-sharing with schools etc.

      7. Section 27: Protective measures for victims of abuse

      8. Section 28: Eligibility of victims for civil legal aid

      9. Section 29: Proposals as to availability of civil legal aid

      10. Section 30: Guidance about domestic abuse

      11. Section 31: Guidance on data collection

      12. Section 32: Training within relevant bodies

      13. Section 33: Independent oversight of this Part

      14. Section 34: Report on the operation of this Part

   4. Part 2 – Provision for Civil Proceedings

      1. Section 35: Factors relevant to residence and contact orders

      2. Section 36: Prohibition of cross-examination in person in family proceedings

      3. Section 37: Special measures directions in family proceedings

      4. Section 38: Prohibition of cross-examination in person in civil proceedings generally

      5. Section 39: Special measures directions in civil proceedings generally

   5. Part 3 – Commencement and Short Title

      1. Section 40: Commencement

      2. Section 41: Short title

5. Hansard Reports