Search Legislation

Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally enacted).

Aggravating factors

Aggravation where victim is under 18

8.—(1) It may be specified as an allegation alongside a charge of the domestic abuse offence against a person (“A”) that the offence is aggravated by reason of the person in relation to whom the offence is alleged to have been committed (“B”) having been under 18 years of age at the time of any of the behaviour by virtue of which the offence is constituted.

(2) Subsection (3) applies where—

(a)an allegation of aggravation is specified as mentioned in subsection (1), and

(b)the aggravation as well as the charge is proved.

(3) The court must—

(a)state on conviction that the offence is aggravated by reason of B having been under 18 years of age at the relevant time,

(b)record the conviction in a way that shows that the offence is so aggravated,

(c)in determining the appropriate sentence, treat the fact that the offence is so aggravated as a factor that increases the seriousness of the offence, and

(d)in imposing sentence, explain how the fact that the offence is so aggravated affects the sentence imposed.

(4) However, if—

(a)the charge is proved, but

(b)the aggravation is not proved,

A’s conviction is as if there were no reference to the aggravation alongside the charge.

Aggravation where relevant child is involved

9.—(1) It may be specified as an allegation alongside a charge of the domestic abuse offence against a person (“A”) that the offence is aggravated by reason of involving a relevant child.

(2) For the purposes of subsection (1), the domestic abuse offence is aggravated by reason of involving a relevant child if (any or all)—

(a)at any time in the commission of the offence—

(i)A directed, or threatened to direct, behaviour at the child, or

(ii)A made use of the child in directing behaviour at B, or

(b)the child saw or heard, or was present during, an incident of behaviour which A directed at B as part of the course of behaviour, or

(c)a reasonable person would consider the course of behaviour, or an incident of A’s behaviour that forms part of the course of behaviour, to be likely to adversely affect the child.

(3) For it to be proved that the offence is so aggravated, there does not need to be evidence that a child—

(a)has ever had any awareness or understanding of A’s behaviour, or

(b)has ever been adversely affected by A’s behaviour.

(4) Nothing in this section prevents evidence from being led about—

(a)a child’s observations of, or feelings as to, A’s behaviour, or

(b)a child’s situation so far as arising because of A’s behaviour.

(5) Subsection (6) applies where—

(a)an allegation of aggravation is specified as mentioned in subsection (1), and

(b)the aggravation as well as the charge is proved.

(6) The court must—

(a)state on conviction that the offence is aggravated by reason of involving a relevant child,

(b)record the conviction in a way that shows that the offence is so aggravated,

(c)in determining the appropriate sentence, treat the fact that the offence is so aggravated as a factor that increases the seriousness of the offence, and

(d)in imposing sentence, explain how the fact that the offence is so aggravated affects the sentence imposed.

(7) However, if—

(a)the charge is proved, but

(b)the aggravation is not proved,

A’s conviction is as if there were no reference to the aggravation alongside the charge.

(8) In this section—

(a)“relevant child” means a person under 18 years of age who is not A or B,

(b)“B” is the person in relation to whom the offence is alleged to have been committed.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources