Domestic Abuse Act 2021

Overview of the Act

1. In December 2019, the Government was elected with a manifesto commitment to "support all victims of domestic abuse and pass the Domestic Abuse Bill" which had previously been introduced in the 2017-19 Parliament .
2. The purpose of the Act is to raise awareness and understanding of domestic abuse and its impact on victims, to further improve the effectiveness of the justice system in providing protection for victims of domestic abuse and bringing perpetrators to justice, and to strengthen the support for victims of abuse and their children provided by other statutory agencies.
3. The Act is in seven Parts.
4. Part 1 provides for a statutory definition of domestic abuse which underpins other provisions in the Act.
5. Part 2 creates the office of Domestic Abuse Commissioner, sets out the functions and powers of the Commissioner and imposes a duty on specified public authorities to co-operate with the Commissioner.
6. Part 3 provides for a new civil preventative order regime - the Domestic Abuse Protection Notice ("DAPN") and Domestic Abuse Protection Order ("DAPO").
7. Part 4 places new duties on tier one local authorities in England in respect of the provision of accommodation-based support to domestic abuse victims and their children in refuges and other safe accommodation.
8. Part 5 confers on victims of domestic abuse automatic eligibility for special measures in the criminal, family and civil courts; prohibits perpetrators of certain offences from cross-examining their victims in person in the family and in civil courts in England and Wales (and vice versa) and gives family and civil courts the power, in certain circumstances, to appoint a legal representative to conduct the cross-examination on behalf of the prohibited person; and clarifies the circumstances where a barring order under section 91(14) of the Children Act 1989 is available.
9. Part 6 extends the offence of controlling or coercive behaviour in an intimate or family relationship to cover post separation abuse; extends the offence of disclosing private sexual photographs and films to cover threats to disclose; provides for a new offence of strangulation or suffocation; makes clear that a victim cannot consent to the infliction of serious harm for the purposes of obtaining sexual gratification; and extends the extraterritorial jurisdiction of the criminal courts in England and Wales, Scotland and Northern Ireland to further violent and sexual offences.
10. Part 7 makes miscellaneous and general provision. In particular, this Part enables domestic abuse offenders to be subject to polygraph testing as a condition of their licence following their release from custody; places the guidance supporting the Domestic Violence Disclosure Scheme on a statutory footing; gives eligible victims who are homeless as a result of fleeing domestic abuse, priority need for accommodation secured by the local authority; ensures that persons with secure or assured lifetime tenancies are granted a secure lifetime tenancy where the new tenancy is being granted by a local authority for reasons connected to domestic abuse; prohibits certain health professionals from charging for the preparation and provision of medical evidence of domestic abuse; places a duty on the Secretary of State to publish a strategy for the prosecution and management of domestic abuse offenders; places a duty on the Secretary of State to conduct a review into data sharing arrangements between specified public authorities for immigration purposes; confers a power on the Secretary of State to issue a code of practice relating to the processing of domestic abuse data for immigration purposes; places a duty on the Secretary of State to issue a report on the extent to which those using Child Contact Centres are protected from the risk of domestic abuse; and confers a power on the Secretary of State to issue statutory guidance to practitioners in England and Wales about tackling domestic abuse.