Domestic Abuse Act 2021

Prosecution and management of offenders E+W

75 Strategy for prosecution and management of offenders E+W

(1) The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed, prepare and publish a document setting out a strategy for—

(a) detecting, investigating and prosecuting offences involving domestic abuse,

(b) assessing and managing the risks posed by individuals who commit offences involving domestic abuse, including (among others) risks associated with stalking, and

(c) reducing the risk that such individuals commit further offences involving domestic abuse.

(2) The Secretary of State—

(a) must keep the strategy under review;

(b) may revise it.

(3) If the Secretary of State revises the strategy, the Secretary of State must publish a document setting out the revised strategy.

(4) In preparing or revising a strategy under this section, the Secretary of State must consult—

(a) the Domestic Abuse Commissioner, and

(b) such other persons as the Secretary of State considers appropriate.

(5) Subsection (4) does not apply in relation to any revisions of the strategy if the Secretary of State considers the proposed revisions of the strategy are insubstantial.

(6) In this section, the reference to “risks associated with stalking” is to be read in accordance with section 1(4) of the Stalking Protection Act 2019.

76 Polygraph conditions for offenders released on licence E+W

(1) In Part 3 of the Offender Management Act 2007 (other provisions about the management of offenders), section 28 (application of polygraph condition) is amended as follows.

(2) In subsection (2), for “a relevant sexual offence” substitute “ an offence within subsection (3A) ”.

(3) In subsection (3)(a), for “for a term of twelve months or more” substitute “ that is not for a term of less than twelve months ”.

(4) After subsection (3) insert—

“(3A) An offence is within this subsection if it is—

(a) a relevant offence involving domestic abuse (see subsections (3B) and (3C)), or

(b) a relevant sexual offence (see subsection (4)).

(3B) In this section “relevant offence involving domestic abuse” means—

(a) an offence listed in subsection (3C) which involved behaviour by the offender amounting to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act);

(b) an offence under section 39 of that Act (breach of domestic abuse protection order).

(3C) The offences are—

(a) murder;

(b) an offence under section 5 of the Protection from Harassment Act 1997 (breach of a restraining order);

(c) an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent offences);

(d) an offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).”

Commencement Information

I1 S. 76 in force at 5.7.2021 in relation to specified areas for the specified period by S.I. 2021/797, reg. 3 (with reg. 4(2))