Search Legislation

Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Cross Heading: Guidance and operational matters

 Help about opening options

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021, Cross Heading: Guidance and operational matters. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Guidance and operational mattersN.I.

Prospective

Guidance about domestic abuseN.I.

30—(1) The Department of Justice must issue guidance about—

(a)the effect of this Part, and

(b)such other matters as the Department considers appropriate as to criminal law or procedure relating to domestic abuse in Northern Ireland.

(2) A person exercising public functions to whom guidance issued under this section relates must have regard to it in the exercise of those functions.

(3) The Department of Justice must—

(a)keep any guidance issued under this section under review, and

(b)revise any guidance issued under this section if the Department considers revision to be necessary in light of review.

(4) The Department of Justice must publish any guidance issued or revised under this section.

(5) Nothing in this section permits the Department of Justice to issue guidance to a court or tribunal.

Prospective

Guidance on data collectionN.I.

31—(1) The Department of Justice—

(a)may issue guidance to the relevant bodies about the sort of information which it seeks to obtain from them for the purpose of the assessment by it of the operation of this Part, and

(b)must have regard to information which it obtains from the relevant bodies in relation to the operation of this Part when determining the steps (if any) that could be taken by it for the purpose of ensuring the effectiveness of the operation of this Part.

(2) The relevant bodies are—

(a)the Police Service of Northern Ireland,

(b)the Public Prosecution Service for Northern Ireland, and

(c)such additional bodies as the Department considers appropriate.

Prospective

Training within relevant bodiesN.I.

32—(1) Each of the following must provide such training on the effect of this Part as it considers appropriate for its personnel—

(a)the Police Service of Northern Ireland,

(b)the Public Prosecution Service for Northern Ireland,

(c)any additional public body that has functions within the criminal justice system in Northern Ireland and which the Department of Justice specifies in connection with this section in regulations.

(2) The Department of Justice must provide such training on the effect of this Part as the Department considers appropriate for—

(a)staff within the Northern Ireland Courts and Tribunal Service,

(b)staff of any additional agency of the Department that has functions within the criminal justice system in Northern Ireland and which the Department selects in connection with this section.

(3) A body which must under this section provide training is to do so—

(a)at least annually, and

(b)as something to be undertaken as mandatory—

(i)by such of the relevant personnel or (as the case may be) staff as have responsibilities for dealing with cases involving domestic abuse, and

(ii)for the purpose of ensuring the effective discharge of their responsibilities in relation to such cases.

(4) The Department of Justice must—

(a)publish a statement setting out information held or obtained by the Department about the level of participation by the relevant personnel or (as the case may be) staff in training provided by a body in accordance with this section, and

(b)do so—

(i)before the end of the period of 18 months beginning with the day on which Chapters 1 and 2 come into operation, and

(ii)annually thereafter.

(5) Regulations under this section are subject to negative resolution.

Independent oversight of this PartN.I.

33—(1) The Department of Justice must appoint a person—

(a)to—

(i)report to the Department on the person's assessment of the effectiveness of this Part, and

(ii)make recommendations to the Department in relation to the operation of this Part, and

(b)to advise, and make recommendations to, the Department on the content and review of guidance under section 30.

(2) A report under this section must be completed—

(a)before the end of the period of 2 years beginning with the day on which Chapters 1 and 2 come into operation, and

(b)annually thereafter.

(3) A report under this section—

(a)must be sent to the Department of Justice by the person appointed as soon as practicable after the report is completed, and

(b)must be—

(i)laid before the Assembly by the Department, and

(ii)published by the Department,

as soon as practicable after the report is received by the Department from the person appointed.

(4) An appointment under this section is for the person appointed to act independently of the Department of Justice.

(5) The first appointment under this section must be made before the end of the period of 1 year beginning with the day on which this Act receives Royal Assent.

(6) The preceding subsections of this section cease to have effect at such time, which must not be before the end of the period of 7 years beginning with the day on which Chapters 1 and 2 come into operation, as the Department of Justice may by regulations specify.

(7) Regulations under this section are subject to negative resolution.

Prospective

Report on the operation of this PartN.I.

34—(1) The Department of Justice must prepare a report, covering the reporting period, in relation to the following categories of offence—

(a)an offence under section 1 (including as alleged to be aggravated as referred to in section 8 or 9),

(b)an offence of any kind that is alleged to be aggravated as referred to in section 15.

(2) A report under this section must set out this information—

(a)the number of—

(i)offences under section 1 as recorded by the Police Service of Northern Ireland on the basis of allegations made to them (including as recorded by reference to police districts),

(ii)files submitted by the Police Service to the Public Prosecution Service for Northern Ireland in respect of offences within each of the categories,

(iii)cases prosecuted by the Public Prosecution Service for offences within each of the categories,

(iv)convictions in cases prosecuted by the Public Prosecution Service for offences within each of the categories (particularly where such offences are proved to be aggravated as referred to in section 8 or 9 or (as the case may be) in section 15),

(b)the average length of time, for offences within the categories as a whole—

(i)from recording of cases by the Police Service on the basis of allegations made to them,

(ii)to disposal of cases at court (disregarding appeal processes).

(3) A report under this section is to include, so far as available—

(a)information about the level of participation by persons in training provided under section 32,

(b)information about—

(i)how court business is arranged so as to ensure the efficient disposal of cases for offences within the categories as a whole,

(ii)the experience at court of witnesses (including witnesses who are children) in cases for offences within the categories as a whole.

(4) A report under this section is to include, in addition—

(a)any views that the Department of Justice considers appropriate to give in relation to the operation of this Part (including the Department's assessment of the effectiveness of this Part),

(b)information about—

(i)any issuing, review or revision of guidance by the Department under section 30,

(ii)any steps taken by the Department for raising public awareness (particularly awareness of victims) of matters relating to domestic abuse in Northern Ireland,

(iii)any activities undertaken by the Department in supporting the operation of this Part,

(iv)any further things that the Department considers appropriate.

(5) A report under this section must be—

(a)laid before the Assembly by the Department of Justice, and

(b)published by the Department,

as soon as practicable after the report is completed by the time and in the form determined by the Department.

(6) As for the reporting period—

(a)the first reporting period is the period, of not less than 2 years and not more than 3 years beginning with the day on which Chapters 1 and 2 come into operation, determined by the Department of Justice,

(b)each subsequent reporting period is the period of 3 years coming after the previous reporting period.

(7) The preceding subsections of this section cease to have effect at such time, which must not be before the end of the period of 10 years beginning with the day on which Chapters 1 and 2 come into operation, as the Department of Justice may by regulations specify.

(8) Regulations under this section are subject to negative resolution.

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

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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