Domestic Abuse Act 2021

• Citation: 2021 c. 17
• Sections: 121

Section 1 Definition of “domestic abuse”

(1) This section defines “ domestic abuse ” for the purposes of this Act.

(2) Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if—

(a) A and B are each aged 16 or over and are personally connected to each other, and

(b) the behaviour is abusive.

(3) Behaviour is “abusive” if it consists of any of the following—

(a) physical or sexual abuse;

(b) violent or threatening behaviour;

(c) controlling or coercive behaviour;

(d) economic abuse (see subsection (4));

(e) psychological, emotional or other abuse;

and it does not matter whether the behaviour consists of a single incident or a course of conduct.

(4) “ Economic abuse ” means any behaviour that has a substantial adverse effect on B's ability to—

(a) acquire, use or maintain money or other property, or

(b) obtain goods or services.

(5) For the purposes of this Act A's behaviour may be behaviour “towards” B despite the fact that it consists of conduct directed at another person (for example, B's child).

(6) References in this Act to being abusive towards another person are to be read in accordance with this section.

(7) For the meaning of “personally connected”, see section 2.

Section 2 Definition of “personally connected”

(1) For the purposes of this Act, two people are “personally connected” to each other if any of the following applies—

(a) they are, or have been, married to each other;

(b) they are, or have been, civil partners of each other;

(c) they have agreed to marry one another (whether or not the agreement has been terminated);

(d) they have entered into a civil partnership agreement (whether or not the agreement has been terminated);

(e) they are, or have been, in an intimate personal relationship with each other;

(f) they each have, or there has been a time when they each have had, a parental relationship in relation to the same child (see subsection (2));

(g) they are relatives.

(2) For the purposes of subsection (1)(f) a person has a parental relationship in relation to a child if—

(a) the person is a parent of the child, or

(b) the person has parental responsibility for the child.

(3) In this section—

“ child ” means a person under the age of 18 years;

“ civil partnership agreement ” has the meaning given by section 73 of the Civil Partnership Act 2004;

“ parental responsibility ” has the same meaning as in the Children Act 1989 (see section 3 of that Act);

“ relative ” has the meaning given by section 63(1) of the Family Law Act 1996.

Section 3 Children as victims of domestic abuse

(1) This section applies where behaviour of a person (“A”) towards another person (“B”) is domestic abuse.

(2) Any reference in this Act to a victim of domestic abuse includes a reference to a child who—

(a) sees or hears, or experiences the effects of, the abuse, and

(b) is related to A or B.

(3) A child is related to a person for the purposes of subsection (2) if—

(a) the person is a parent of, or has parental responsibility for, the child, or

(b) the child and the person are relatives.

(4) In this section—

“ child ” means a person under the age of 18 years;

“ parental responsibility ” has the same meaning as in the Children Act 1989 (see section 3 of that Act);

“ relative ” has the meaning given by section 63(1) of the Family Law Act 1996.

Section 4 Appointment of Commissioner

(1) The Secretary of State must appoint a person as the Domestic Abuse Commissioner (“ the Commissioner ”).

(2) The Commissioner is to hold and vacate office in accordance with the terms and conditions of the Commissioner's appointment.

(3) The Commissioner is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

Section 5 Funding

(1) The Secretary of State may make payments to the Commissioner out of money provided by Parliament for the purpose of enabling the Commissioner to meet expenditure incurred in the exercise of the Commissioner's functions.

(2) Payments are to be made at such times, and subject to any such conditions, as the Secretary of State considers appropriate.

(3) The Secretary of State may pay, or make provision for paying, to or in respect of the Commissioner—

(a) remuneration;

(b) allowances;

(c) sums by way of or in respect of pensions.

Section 6 Staff etc

(1) The Secretary of State must provide the Commissioner with—

(a) such staff, and

(b) such accommodation, equipment and other facilities,

as the Secretary of State considers necessary for the carrying out of the Commissioner's functions.

(2) Before providing any staff, the Secretary of State must—

(a) consult the Commissioner, and

(b) obtain the Commissioner's approval as to the persons to be provided as staff.

(3) The Secretary of State must consult the Commissioner before providing any accommodation, equipment or other facilities.

Section 7 General functions of Commissioner

(1) The Commissioner must encourage good practice in—

(a) the prevention of domestic abuse;

(b) the prevention, detection, investigation and prosecution of offences involving domestic abuse;

(c) the identification of—

(i) people who carry out domestic abuse;

(ii) victims of domestic abuse;

(iii) children affected by domestic abuse;

(d) the provision of protection and support to people affected by domestic abuse.

(2) The things that the Commissioner may do in pursuance of the general duty under subsection (1) include—

(a) assessing, monitoring, and publishing information about, the provision of services to people affected by domestic abuse;

(b) making recommendations to any public authority about the exercise of its functions;

(c) undertaking or supporting (financially or otherwise) the carrying out of research;

(d) providing information, education or training;

(e) taking other steps to increase public awareness of domestic abuse;

(f) consulting public authorities, voluntary organisations and other persons;

(g) co-operating with, or working jointly with, public authorities, voluntary organisations and other persons, whether in England and Wales or outside the United Kingdom.

(3) Subject to subsection (4), the Commissioner may not do anything in pursuance of the general duty under subsection (1) that—

(a) relates to a devolved Welsh authority, or

(b) otherwise relates to Welsh devolved matters.

(4) Subsection (3) does not prevent the Commissioner from—

(a) doing anything falling within subsection (2)(c), (d) or (e), to the extent that the thing done does not relate to Welsh devolved matters;

(b) doing anything falling within subsection (2)(f) or (g);

(c) disclosing information to a devolved Welsh authority, or information which relates to Welsh devolved matters, under section 18.

(5) For the purposes of this section something relates to Welsh devolved matters so far as it relates to—

(a) any matter provision about which would be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru, or

(b) (so far as it is not within paragraph (a)), any matter functions with respect to which are exercisable by the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government or the Senedd Commission.

(6) In this section—

“ devolved Welsh authority ” has the meaning given by section 157A of the Government of Wales Act 2006;

“ public authority ” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.

Section 8 Reports

(1) The Commissioner may report to the Secretary of State on any matter relating to domestic abuse.

(2) The Commissioner must publish every report made under this section.

(3) Before publishing a report under this section, the Commissioner must send a draft of the report to the Secretary of State.

(4) The Secretary of State may direct the Commissioner to omit material from any report under this section before publication if the Secretary of State thinks the publication of that material—

(a) might jeopardise the safety of any person, or

(b) might prejudice the investigation or prosecution of an offence.

(5) The Secretary of State must consult the Commissioner before making any direction under subsection (4).

(6) The Commissioner must arrange for a copy of any report published under this section to be laid before Parliament.

Section 9 Advice and assistance

(1) The Commissioner may provide the Secretary of State with any advice or assistance that the Secretary of State may request.

(2) The Commissioner may, at the request of any other person, provide the person with advice or assistance relating to the exercise of any of the person's functions, or the carrying out of any activities by the person, in relation to people affected by domestic abuse.

(3) The Commissioner may charge a person for providing the person with advice or assistance under subsection (2).

(4) The Commissioner must publish any advice given to a person under subsection (2).

(5) Before publishing any advice given under this section, the Commissioner must send a draft of what is proposed to be published to the Secretary of State.

(6) The Secretary of State may direct the Commissioner to omit anything contained in the advice before publication if the Secretary of State thinks the publication of that material—

(a) might jeopardise the safety of any person, or

(b) might prejudice the investigation or prosecution of an offence.

(7) The Secretary of State must consult the Commissioner before making any direction under subsection (6).

Section 10 Incidental powers

(1) The Commissioner may do anything which the Commissioner considers will facilitate, or is incidental or conducive to, the carrying out of the Commissioner's functions.

(2) But the Commissioner may not borrow money.

Section 11 Framework document

(1) The Secretary of State must issue a document (a “framework document”) that deals with matters relating to the Commissioner.

(2) The matters that may be dealt with by a framework document include (among other things)—

(a) matters relating to governance, funding and staffing;

(b) matters relating to the exercise of functions of the Commissioner;

(c) matters relating to scrutiny of the Commissioner's activities by Parliament or by Senedd Cymru.

(3) The Commissioner must have regard to the framework document when exercising any of the Commissioner's functions.

(4) The Secretary of State must have regard to the framework document when exercising any functions in relation to the Commissioner.

(5) The Secretary of State—

(a) must keep the framework document under review, and

(b) may issue a revised framework document.

(6) The Secretary of State—

(a) must consult the Commissioner in preparing or revising a framework document, and

(b) may not issue a framework document without the agreement of the Commissioner.

(7) The Secretary of State must consult the Welsh Ministers before issuing—

(a) the first framework document under this section, or

(b) any other framework document which is, in the opinion of the Secretary of State, significantly different from the framework document it replaces.

(8) The Secretary of State must—

(a) arrange for any framework document issued under this section to be published in the manner which the Secretary of State considers appropriate,

(b) send a copy of the framework document to the Welsh Ministers, and

(c) lay a copy of the framework document before Parliament.

(9) The Welsh Ministers must lay before Senedd Cymru a copy of any framework document sent to them under subsection (8)(b).

Section 12 Advisory Board

(1) The Commissioner must establish an Advisory Board (“ the Board ”) for the purposes of providing advice to the Commissioner about the exercise of the Commissioner's functions.

(2) The Board is to consist of not fewer than six and not more than ten members appointed by the Commissioner.

(3) Each member of the Board is to hold and vacate office in accordance with the terms and conditions of the member's appointment.

(4) The members of the Board must include—

(a) at least one person appearing to the Commissioner to represent the interests of victims of domestic abuse;

(b) at least one person appearing to the Commissioner to represent the interests of charities and other voluntary organisations that work with victims of domestic abuse in England;

(c) at least one person appearing to the Commissioner to represent the interests of persons who provide, or have functions relating to, health care services in England;

(d) at least one person appearing to the Commissioner to represent the interests of persons who provide, or have functions relating to, social care services in England;

(e) at least one person appearing to the Commissioner to represent the interests of persons with functions relating to policing or criminal justice;

(f) at least one person appearing to the Commissioner to have academic expertise in relation to domestic abuse.

(5) The Commissioner may pay such remuneration or allowances to members of the Board as the Commissioner may determine.

(6) In this section—

“ health care services ” means services relating to health care (within the meaning of section 9 of the Health and Social Care Act 2008);

“ social care services ” means services relating to social care (within the meaning of that section).

Section 13 Strategic plans

(1) The Commissioner must, as soon as reasonably practicable after the Commissioner's appointment, prepare and publish a strategic plan.

(2) A strategic plan is a plan setting out how the Commissioner proposes to exercise the Commissioner's functions in the period to which the plan relates, which must be not less than one year and not more than three years.

(3) A strategic plan must in particular—

(a) state the Commissioner's objectives and priorities for the period to which the plan relates;

(b) state any matters on which the Commissioner proposes to report under section 8 during that period;

(c) state any other activities the Commissioner proposes to undertake during that period in the exercise of the Commissioner's functions.

(4) The Commissioner must, before the end of the period to which a strategic plan relates (“ the current period ”)—

(a) prepare a strategic plan for a period immediately following the current period, and

(b) publish that plan.

(5) At any time during the period to which a strategic plan relates, the Commissioner—

(a) may revise the strategic plan, and

(b) must publish any revised plan.

(6) In preparing or revising a strategic plan, the Commissioner must consult—

(a) the Secretary of State,

(b) the Advisory Board established under section 12, and

(c) such other persons as the Commissioner considers appropriate.

(7) The Commissioner must arrange for a copy of any plan (or revised plan) published under this section to be laid before Parliament.

Section 14 Annual reports

(1) As soon as reasonably practicable after the end of each financial year, the Commissioner must submit to the Secretary of State an annual report on the exercise of the Commissioner's functions during the year.

(2) The annual report must include—

(a) an assessment of the extent to which the Commissioner's objectives and priorities have been met in that year;

(b) a statement of the matters on which the Commissioner has reported under section 8 during the year;

(c) a statement of the other activities the Commissioner has undertaken during the year in the exercise of the Commissioner's functions.

(3) The Commissioner must arrange for a copy of every annual report under this section to be laid before Parliament (but see subsection (4)).

(4) The Secretary of State may direct the Commissioner to omit material from any report under this section before it is laid before Parliament if the Secretary of State thinks the publication of that material—

(a) might jeopardise the safety of any person, or

(b) might prejudice the investigation or prosecution of an offence.

(5) The Secretary of State must consult the Commissioner before making any direction under subsection (4).

(6) In this section “ financial year ” means—

(a) the period beginning with the day on which the first Domestic Abuse Commissioner takes office and ending with the following 31 March, and

(b) each successive period of 12 months.

Section 15 Duty to co-operate with Commissioner

(1) The Commissioner may request a specified public authority to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of the Commissioner's functions.

(2) A specified public authority must, so far as reasonably practicable, comply with a request made to it under this section.

(3) In this section “ specified public authority ” means any of the following—

(a) a chief officer of police of a police force maintained for a police area in England and Wales;

(b) a local policing body;

(c) the Chief Constable of the British Transport Police Force;

(d) the British Transport Police Authority;

(e) the Ministry of Defence Police;

(f) an immigration officer or other official of the Secretary of State exercising functions in relation to immigration or asylum;

(g) the Crown Prosecution Service;

(h) the Parole Board;

(i) the Criminal Cases Review Commission;

(j) an English local authority;

(k) an NHS body in England;

(l) Her Majesty's Inspectors of Constabulary;

(m) Her Majesty's Chief Inspector of the Crown Prosecution Service;

(n) Her Majesty's Chief Inspector of Education, Children's Services and Skills;

(o) a body approved as an independent inspectorate under section 106 of the Education and Skills Act 2008 (inspection of registered independent educational institutions);

(p) the Care Quality Commission;

(q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r) the Independent Office for Police Conduct.

(4) The Secretary of State may by regulations amend this section so as to—

(a) add a public authority as a specified public authority for the purposes of this section;

(b) remove a public authority added by virtue of paragraph (a);

(c) vary any description of a public authority.

(5) Before making regulations under subsection (4) the Secretary of State must consult the Commissioner.

(6) Regulations under subsection (4) may not contain provision adding a devolved Welsh authority as a specified public authority for the purposes of this section.

(7) In this section—

“ devolved Welsh authority ” has the meaning given by section 157A of the Government of Wales Act 2006;

“ English local authority ” means—

a county council or district council in England,

a London borough council,

the Greater London Authority,

the Common Council of the City of London in its capacity as a local authority, or

the Council of the Isles of Scilly;

“ immigration officer ” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

“ NHS body in England ” means—

a National Health Service trust in England established under section 25 of the National Health Service Act 2006,

an NHS foundation trust within the meaning given by section 30 of that Act,

NHS England, or

an integrated care board established under section 14Z25 of that Act;

...

“ public authority ” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.

Section 16 Duty to respond to Commissioner's recommendations

(1) This section applies where the Commissioner publishes a report under section 8 containing recommendations in relation to—

(a) any public authority that is a specified public authority for the purposes of section 15;

(b) any government department in the charge of a Minister.

(2) The relevant person must prepare comments on the report.

(3) In this section “ the relevant person ” means—

(a) the public authority, or

(b) the Minister in charge of the government department,

as the case may be.

(4) The comments must include, in respect of each recommendation made in the report, an explanation of—

(a) the action which the relevant person has taken, or proposes to take, in response to the recommendation, or

(b) why the relevant person has not taken, or does not propose to take, any action in response.

(5) The relevant person must arrange for the comments to be published in such manner as the person considers appropriate.

(6) The comments must be published before the end of the period of 56 days beginning with the day on which the report is published.

(7) The relevant person must send a copy of anything published under subsection (5) to—

(a) the Commissioner, and

(b) where the relevant person is a specified public authority for the purposes of section 15, the Secretary of State.

Section 17 Duty to send conclusions of domestic homicide review to Commissioner

(1) Section 9 of the Domestic Violence, Crime and Victims Act 2004 (establishment and conduct of domestic homicide reviews) is amended as follows.

(2) After subsection (3A) insert—

(3B) A person or body within subsection (4)(a) that establishes a domestic homicide review (whether or not held pursuant to a direction under subsection (2)) must send a copy of any report setting out the conclusions of the review to the Domestic Abuse Commissioner.

(3C) The copy must be sent as soon as reasonably practicable after the report is completed.

Section 18 Disclosure of information

(1) The Commissioner may disclose to a person any information received by the Commissioner in connection with the Commissioner's functions if the disclosure is made for a purpose connected with a function of the Commissioner.

(2) A person may disclose any information to the Commissioner if the disclosure is made for the purposes of enabling or assisting the Commissioner to exercise any function.

(3) A disclosure of information authorised by this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure in relation to that information, or

(b) any other restriction on the disclosure of information (however imposed).

(4) But nothing in this Part requires or authorises any of the following—

(a) the disclosure of any patient information (see subsection (5));

(b) the making of a disclosure which, although made in the exercise of a function under this Part, would contravene the data protection legislation (see subsection (6));

(c) the making of a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(5) “ Patient information ” means information (however recorded) which—

(a) relates to—

(i) the physical or mental health or condition of an individual,

(ii) the diagnosis of an individual's condition, or

(iii) an individual's care or treatment,

or is (to any extent) derived directly or indirectly from information relating to any of those matters, and

(b) identifies the individual or enables the individual to be identified (either by itself or in combination with other information).

(6) In this section “ the data protection legislation ” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

(7) This section does not affect any power to disclose that exists apart from this section.

Section 19 Restriction on exercise of functions in individual cases

(1) The Commissioner may not exercise any function in relation to an individual case.

(2) But subsection (1) does not prevent the Commissioner considering individual cases and drawing conclusions about them for the purpose of, or in the context of, considering a general issue.

Section 20 Duty to report on domestic abuse services in England

(1) The Commissioner must, before the end of the relevant period, prepare and publish a report under section 8 on—

(a) the need for domestic abuse services in England, and

(b) the provision of such services.

(2) But subsection (1) does not require the Commissioner to report on the need for, or provision of, services provided to people who reside in relevant accommodation (within the meaning of section 57(2)).

(3) In subsection (1)—

“ domestic abuse services ” means any advice, advocacy or counselling services provided, in relation to domestic abuse, to victims of domestic abuse or their children;

“ the relevant period ” means the period of 12 months beginning with the day on which this section comes into force (but see subsection (4)).

(4) The Secretary of State, with the agreement of the Commissioner, may by regulations extend the relevant period for a further period of up to 6 months.

(5) The power conferred by subsection (4) may be exercised only once.

Section 21 Amendments relating to Commissioner

(1) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership), at the appropriate place insert— “ Domestic Abuse Commissioner. ”

(2) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), at the appropriate place insert— “ The Domestic Abuse Commissioner. ”

(3) In section 37 of the Government of Wales Act 2006 (power of the Senedd to call witnesses etc), after subsection (6A) insert—

(6B) Subsection (1) applies in relation to things done by the Domestic Abuse Commissioner by virtue of section 7(4)(b) or (c) of the Domestic Abuse Act 2021 (functions exercisable in relation to devolved Welsh authorities etc) as it applies in relation to the exercise by the Welsh Ministers of their functions.

Section 22 Power to give a domestic abuse protection notice

(1) A senior police officer may give a domestic abuse protection notice to a person (“P”) if conditions A and B are met.

(2) A domestic abuse protection notice is a notice prohibiting P from being abusive towards a person aged 16 or over to whom P is personally connected.

(Section 23 contains further provision about the provision that may be made by notices.)

(3) Condition A is that the senior police officer has reasonable grounds for believing that P has been abusive towards a person aged 16 or over to whom P is personally connected.

(4) Condition B is that the senior police officer has reasonable grounds for believing that it is necessary to give the notice to protect that person from domestic abuse, or the risk of domestic abuse, carried out by P.

(5) It does not matter whether the abusive behaviour referred to in subsection (3) took place in England and Wales or elsewhere.

(6) A domestic abuse protection notice may not be given to a person who is under the age of 18.

(7) A domestic abuse protection notice has effect in all parts of the United Kingdom.

(8) In this Part—

“ senior police officer ” means a member of a relevant police force who is a constable of at least the rank of inspector;

“ relevant police force ” means—

a force maintained by a local policing body;

the British Transport Police Force;

the Ministry of Defence Police.

Section 23 Provision that may be made by notices

(1) A domestic abuse protection notice may provide that the person to whom the notice is given (“P”)—

(a) may not contact the person for whose protection the notice is given;

(b) may not come within a specified distance of any premises in England or Wales in which that person lives.

“ Specified ” means specified in the notice.

(2) If P lives in premises in England or Wales in which the person for whose protection the notice is given also lives, the notice may also contain provision—

(a) prohibiting P from evicting or excluding that person from the premises;

(b) prohibiting P from entering the premises;

(c) requiring P to leave the premises.

Section 24 Matters to be considered before giving a notice

(1) Before giving a domestic abuse protection notice to a person (“P”), a senior police officer must, among other things, consider the following—

(a) the welfare of any person under the age of 18 whose interests the officer considers relevant to the giving of the notice (whether or not that person and P are personally connected);

(b) the opinion of the person for whose protection the notice would be given as to the giving of the notice;

(c) any representations made by P about the giving of the notice;

(d) in a case where the notice includes provision relating to premises lived in by the person for whose protection the notice would be given, the opinion of any relevant occupant as to the giving of the notice.

(2) In subsection (1)(d) “ relevant occupant ” means a person other than P or the person for whose protection the notice would be given—

(a) who lives in the premises, and

(b) who is personally connected to—

(i) the person for whose protection the notice would be given, or

(ii) if P also lives in the premises, P.

(3) The officer must take reasonable steps to discover the opinions mentioned in subsection (1).

(4) It is not necessary for the person for whose protection a domestic abuse protection notice is given to consent to the giving of the notice.

Section 25 Further requirements in relation to notices

(1) A domestic abuse protection notice must be in writing.

(2) A domestic abuse protection notice given to a person (“P”) must state—

(a) the grounds on which it has been given,

(b) that a constable may arrest P without warrant if the constable has reasonable grounds for believing that P is in breach of the notice,

(c) that an application for a domestic abuse protection order under section 28 will be heard by a magistrates' court within 48 hours of the time of giving the notice (disregarding any days mentioned in section 29(3)) and a notice of the hearing will be given to P,

(d) that the notice continues in effect until that application has been determined or withdrawn, and

(e) the provision that a magistrates' court may include in a domestic abuse protection order.

(3) The notice must be served on P personally by a constable.

(4) On serving the notice on P, the constable must ask P for an address at which P may be given the notice of the hearing of the application for the domestic abuse protection order.

(5) Subsection (6) applies where—

(a) a senior police officer gives a domestic abuse protection notice to a person (“P”) who the officer believes is a person subject to service law in accordance with sections 367 to 369 of the Armed Forces Act 2006,

(b) the notice includes provision by virtue of section 23(2) prohibiting P from entering premises, or requiring P to leave premises, and

(c) the officer believes that the premises are relevant service accommodation.

(6) The officer must make reasonable efforts to inform P's commanding officer of the giving of the notice.

(7) In this section—

“ commanding officer ” has the meaning given by section 360 of the Armed Forces Act 2006;

“ relevant service accommodation ” means premises which fall within paragraph (a) of the definition of “service living accommodation” in section 96(1) of that Act.

Section 26 Breach of notice

(1) If a constable has reasonable grounds for believing that a person is in breach of a domestic abuse protection notice, the constable may arrest the person without warrant.

(2) A person arrested by virtue of subsection (1) must be held in custody and brought before the appropriate magistrates' court—

(a) before the end of the period of 24 hours beginning with the time of the arrest, or

(b) if earlier, at the hearing of the application for a domestic abuse protection order against the person (see section 28(3)).

(3) In subsection (2) “the appropriate magistrates' court” means the magistrates' court which is to hear the application mentioned in subsection (2)(b).

(4) In calculating when the period of 24 hours mentioned in subsection (2)(a) ends, the following days are to be disregarded—

(a) any Sunday,

(b) Christmas Day,

(c) Good Friday, and

(d) any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

(5) If the person is brought before the court as mentioned in subsection (2)(a), the court may remand the person.

(For power to remand a person brought before the court as mentioned in subsection (2)(b), see section 29(8).)

(6) In the application of section 128(6) of the Magistrates' Courts Act 1980 to remand under subsection (5) above, the reference to the “ other party ” is to be read as a reference to the senior police officer who gave the notice.

(7) The court may, when remanding the person on bail, require the person to comply, before release on bail or later, with any requirements that appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.

(8) The requirement in subsection (2) to bring a person before the court is satisfied if the person appears before the court through a live video link or live audio link (within the meaning given by section 56 of the Criminal Justice Act 2003).

(9) In section 17(1) of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc), after paragraph (c) insert—

(cza) of arresting a person who the constable has reasonable grounds for believing is in breach of a domestic abuse protection notice given under section 22 of the Domestic Abuse Act 2021;

Section 27 Meaning of “domestic abuse protection order”

(1) In this Part a “domestic abuse protection order” is an order which, for the purpose of preventing a person (“P”) from being abusive towards a person aged 16 or over to whom P is personally connected—

(a) prohibits P from doing things described in the order, or

(b) requires P to do things described in the order.

(2) A domestic abuse protection order may be made—

(a) on application (see section 28), or

(b) in the course of certain proceedings (see section 31).

(3) Section 32 sets out the conditions for making a domestic abuse protection order.

Section 28 Domestic abuse protection orders on application

(1) A court may make a domestic abuse protection order under this section against a person (“P”) on an application made to it in accordance with this section.

(2) An application for an order under this section may be made by—

(a) the person for whose protection the order is sought;

(b) the appropriate chief officer of police (see subsection (4));

(c) a person specified in regulations made by the Secretary of State;

(d) any other person with the leave of the court to which the application is to be made.

(3) Where P is given a domestic abuse protection notice by a member of a relevant police force under section 22, the chief officer of police in relation to that force must apply for a domestic abuse protection order against P.

(For further provision about such applications, see section 29.)

(4) The appropriate chief officer of police is—

(a) in a case where subsection (3) applies, the chief officer of police referred to in that subsection;

(b) in any other case, any of the following—

(i) the chief officer of police of the force maintained for any police area in which P resides;

(ii) the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it;

(iii) the Chief Constable of the British Transport Police Force;

(iv) the Chief Constable of the Ministry of Defence Police.

(5) An application for an order under this section must be made to the family court, except where subsection (6) or (7) applies.

(6) An application made by a chief officer of police for an order under this section must be made by complaint to a magistrates' court.

(7) In a case where—

(a) P, and the person for whose protection the order is sought, are parties to any family or civil proceedings, and

(b) the court would have power to make a domestic abuse protection order under section 31 in those proceedings without an application being made,

an application for an order under this section may be made in those proceedings by the person for whose protection the order is sought.

(8) Where an application is made to a magistrates' court in accordance with this section—

(a) the magistrates' court may adjourn the hearing of the application;

(b) on the hearing of the application, section 97 of the Magistrates' Courts Act 1980 (summons to witness and warrant for arrest) does not apply in relation to the person for whose protection the order is sought, except where the person has given oral or written evidence at the hearing.

Section 29 Applications where domestic abuse protection notice has been given

(1) This section applies where, as a result of a person (“P”) being given a domestic abuse protection notice under section 22, a chief officer of police is required by section 28(3) to apply for a domestic abuse protection order against P.

(2) The application must be heard by the magistrates' court not later than 48 hours after the notice was given to P.

(3) In calculating when the period of 48 hours mentioned in subsection (2) ends, the following days are to be disregarded—

(a) any Sunday,

(b) Christmas Day,

(c) Good Friday, and

(d) any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

(4) P must be given a notice of the hearing of the application.

(5) The notice under subsection (4) is to be treated as having been given if it has been left at the address given by P under section 25(4).

(6) But if the notice has not been given because P did not give an address under section 25(4), the court may hear the application if satisfied that the chief officer of police has made reasonable efforts to give P the notice.

(7) If the court adjourns the hearing of the application, the domestic abuse protection notice continues in effect until the application has been determined or withdrawn.

(8) If—

(a) P is brought before the court at the hearing of the application as a result of P's arrest by virtue of section 26(1) (arrest for breach of domestic abuse protection notice), and

(b) the court adjourns the hearing,

the court may remand P.

Section 30 Remand under section 29(8) of person arrested for breach of notice

(1) This section applies where—

(a) as a result of a person being given a domestic abuse protection notice under section 22, a chief officer of police has applied for a domestic abuse protection order against the person, and

(b) the magistrates' court remands the person under section 29(8).

(2) In the application of section 128(6) of the Magistrates' Courts Act 1980 to such remand, the reference to the “ other party ” is to be read as a reference to the chief officer of police who applied for the order.

(3) If the court has reason to suspect that a medical report will be required, the power to remand the person may be exercised for the purpose of enabling a medical examination to take place and a report to be made.

(4) If the person is remanded in custody for that purpose, the adjournment may not be for more than 3 weeks at a time.

(5) If the person is remanded on bail for that purpose, the adjournment may not be for more than 4 weeks at a time.

(6) If the court has reason to suspect that the person is suffering from mental disorder within the meaning of the Mental Health Act 1983, the court has the same power to make an order under section 35 of that Act (remand to hospital for report on accused's mental condition) as it has under that section in the case of an accused person (within the meaning of that section).

(7) The court may, when remanding the person on bail, require the person to comply, before release on bail or later, with any requirements that appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.

Section 31 Domestic abuse protection orders otherwise than on application

(1) A court may make a domestic abuse protection order under this section in any of the cases set out below.

Family proceedings

(2) The High Court or the family court may make a domestic abuse protection order against a person (“P”) in any family proceedings to which both P and the person for whose protection the order would be made are parties.

Criminal proceedings

(3) Where a person (“P”) has been convicted of an offence, the court dealing with P for that offence may (as well as sentencing P or dealing with P in any other way) make a domestic abuse protection order against P.

(4) But subsection (3) does not apply where the Court of Appeal is dealing with a person for an offence.

(5) A court by or before which a person is acquitted of an offence may make a domestic abuse protection order against the person.

(6) Where the Crown Court allows a person's appeal against a conviction for an offence, the Crown Court may make a domestic abuse protection order against the person.

Civil proceedings

(7) The county court may make a domestic abuse protection order against a person (“P”) in any relevant proceedings to which both P and the person for whose protection the order would be made are parties.

(8) In subsection (7) “ relevant proceedings ” means proceedings of a description specified in regulations made by the Secretary of State.

Section 32 Conditions for making an order

(1) The court may make a domestic abuse protection order under section 28 or 31 against a person (“P”) if conditions A and B are met.

(2) Condition A is that the court is satisfied on the balance of probabilities that P has been abusive towards a person aged 16 or over to whom P is personally connected.

(3) Condition B is that the order is necessary and proportionate to protect that person from domestic abuse, or the risk of domestic abuse, carried out by P.

(4) It does not matter—

(a) whether the abusive behaviour referred to in subsection (2) took place in England and Wales or elsewhere, or

(b) whether it took place before or after the coming into force of this section.

(5) A domestic abuse protection order may not be made against a person who is under the age of 18.

Section 33 Matters to be considered before making an order

(1) Before making a domestic abuse protection order against a person (“P”), the court must, among other things, consider the following—

(a) the welfare of any person under the age of 18 whose interests the court considers relevant to the making of the order (whether or not that person and P are personally connected);

(b) any opinion of the person for whose protection the order would be made—

(i) which relates to the making of the order, and

(ii) of which the court is made aware;

(c) in a case where the order includes provision relating to premises lived in by the person for whose protection the order would be made, any opinion of a relevant occupant—

(i) which relates to the making of the order, and

(ii) of which the court is made aware.

(2) In subsection (1)(c) “ relevant occupant ” means a person other than P or the person for whose protection the order would be made—

(a) who lives in the premises, and

(b) who is personally connected to—

(i) the person for whose protection the order would be made, or

(ii) if P also lives in the premises, P.

(3) It is not necessary for the person for whose protection a domestic abuse protection order is made to consent to the making of the order.

Section 34 Making of orders without notice

(1) A court may, in any case where it is just and convenient to do so, make a domestic abuse protection order against a person (“P”) even though P has not been given such notice of the proceedings as would otherwise be required by rules of court.

(2) Subsection (1) does not apply in relation to the making of an order under section 28 on an application made in accordance with subsection (3) of that section (see instead section 29(4) to (6)).

(3) In deciding whether to exercise its powers under subsection (1), the court must have regard to all the circumstances, including—

(a) any risk that, if the order is not made immediately, P will cause significant harm to the person for whose protection the order would be made,

(b) in a case where an application for the order has been made, whether it is likely that the person making the application will be deterred or prevented from pursuing the application if an order is not made immediately, and

(c) whether there is reason to believe that—

(i) P is aware of the proceedings but is deliberately evading service, and

(ii) the delay involved in effecting substituted service will cause serious prejudice to the person for whose protection the order would be made.

(4) If a court makes an order against a person by virtue of subsection (1), it must give the person an opportunity to make representations about the order—

(a) as soon as just and convenient, and

(b) at a hearing of which notice has been given to all the parties in accordance with rules of court.

Section 35 Provision that may be made by orders

(1) A court may by a domestic abuse protection order impose any requirements that the court considers necessary to protect the person for whose protection the order is made from domestic abuse or the risk of domestic abuse.

“ Requirement ” includes any prohibition or restriction.

(2) The court must, in particular, consider what requirements (if any) may be necessary to protect the person for whose protection the order is made from different kinds of abusive behaviour.

(3) Subsections (4) to (6) contain examples of the type of provision that may be made under subsection (1), but they do not limit the type of provision that may be so made.

(4) A domestic abuse protection order may provide that the person against whom the order is made (“P”)—

(a) may not contact the person for whose protection it is made;

(b) may not come within a specified distance of any premises in England or Wales in which that person lives;

(c) may not come within a specified distance of any other specified premises, or any other premises of a specified description, in England or Wales.

“ Specified ” means specified in the order.

(5) If P lives in premises in England or Wales in which the person for whose protection the order is made also lives, the order may contain provision—

(a) prohibiting P from evicting or excluding that person from the premises;

(b) prohibiting P from entering the premises;

(c) requiring P to leave the premises.

(6) A domestic abuse protection order may require P to submit to electronic monitoring in England and Wales of P's compliance with other requirements imposed by the order.

In this Part a requirement imposed by virtue of this subsection is referred to as an “ electronic monitoring requirement ”.

(7) Sections 36 and 37 contain further provision about the requirements that may be imposed by a domestic abuse protection order.

Section 36 Further provision about requirements that may be imposed by orders

(1) Requirements imposed on a person by a domestic abuse protection order must, so far as practicable, be such as to avoid—

(a) conflict with the person's religious beliefs;

(b) interference with the person's work or with the person's attendance at an educational establishment;

(c) conflict with the requirements of any other court order or injunction to which the person may be subject.

(2) A domestic abuse protection order that imposes a requirement to do something on a person (“P”) must specify the person who is to be responsible for supervising compliance with that requirement.

(3) Before including such a requirement in a domestic abuse protection order, the court must receive evidence about its suitability and enforceability from the person to be specified under subsection (2).

(4) Subsections (2) and (3) do not apply in relation to electronic monitoring requirements (see instead section 37(3) to (6)).

(5) It is the duty of a person specified under subsection (2)—

(a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);

(b) to promote P's compliance with the relevant requirements;

(c) if the person considers that—

(i) P has complied with all the relevant requirements, or

(ii) P has failed to comply with a relevant requirement,

to inform the appropriate chief officer of police.

(6) In subsection (5)(c) the “ appropriate chief officer of police ” means—

(a) the chief officer of police of the force maintained for the police area in which it appears to the person specified under subsection (2) that P resides,

(b) if it appears to that person that P resides in more than one police area, whichever one of the relevant chief officers of police the person thinks it most appropriate to inform, or

(c) if it appears to the person specified under subsection (2) that P does not reside in any police area, the chief officer of police of the force maintained for the police area in which the court that made the order is situated.

(7) A person (“P”) who is subject to a requirement imposed by a domestic abuse protection order—

(a) must keep in touch with the person specified under subsection (2) in relation to that requirement, in accordance with any instructions given by that person from time to time;

(b) if P changes home address, must notify the person specified under subsection (2) of the new home address;

(c) if P ceases to have any home address, must notify the person specified under subsection (2) of that fact.

These obligations have effect as requirements of the order.

Section 37 Further provision about electronic monitoring requirements

(1) Subsections (2) to (4) apply for the purpose of determining whether a court may impose an electronic monitoring requirement on a person (“P”) in a domestic abuse protection order.

(2) The requirement may not be imposed in P's absence.

(3) If there is a person (other than P) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person's consent.

(4) The court may impose the requirement only if—

(a) it has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and

(b) it is satisfied that the necessary provision can be made under the arrangements currently available.

(5) In subsection (4)(a) “ the relevant area ” means—

(a) the local justice area in which it appears to the court that P resides or will reside, and

(b) in a case where it is proposed to include in the order—

(i) a requirement that P must remain, for specified periods, at a specified place, or

(ii) a provision prohibiting P from entering a specified place or area,

the local justice area in which the place or area proposed to be specified is situated.

“ Specified ” means specified in the order.

(6) A domestic abuse protection order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring.

(7) The person specified under subsection (6) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State.

(8) Where a domestic abuse protection order imposes an electronic monitoring requirement on a person, the person must (among other things)—

(a) submit, as required from time to time by the responsible person, to—

(i) being fitted with, or the installation of, any necessary apparatus, and

(ii) the inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,

(b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and

(c) take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.

These obligations have effect as requirements of the order.

Section 38 Duration and geographical application of orders

(1) A domestic abuse protection order takes effect on the day on which it is made.

This is subject to subsection (2).

(2) If, on the day on which a domestic abuse protection order (“ the new order ”) is made against a person, the person is subject to another domestic abuse protection order (“ the previous order ”), the new order may be made so as to take effect on the previous order ceasing to have effect.

(3) A domestic abuse protection order has effect—

(a) for a specified period,

(b) until the occurrence of a specified event, or

(c) until further order.

“ Specified ” means specified in the order.

(4) A domestic abuse protection order may also specify periods for which particular requirements imposed by the order have effect.

(5) But a domestic abuse protection order may not provide for an electronic monitoring requirement to have effect for more than 12 months.

(6) Subsection (5) is subject to any variation of the order under section 44.

(7) A requirement imposed by a domestic abuse protection order has effect in all parts of the United Kingdom unless expressly limited to a particular locality.

Section 39 Breach of order

(1) A person who is subject to a domestic abuse protection order commits an offence if without reasonable excuse the person fails to comply with any requirement imposed by the order.

(2) In a case where the order was made against the person without that person being given notice of the proceedings, the person commits an offence under this section only in respect of behaviour engaged in at a time when the person was aware of the existence of the order.

(See also section 45(8) and (9), which makes similar provision where an order has been varied.)

(3) Where a person is convicted of an offence under this section in respect of any behaviour, that behaviour is not punishable as a contempt of court.

(4) A person may not be convicted of an offence under this section in respect of any behaviour which has been punished as a contempt of court.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction—

(i) to imprisonment for a term not exceeding the general limit in a magistrates’ court (or 6 months, if the offence was committed before 2 May 2022 ), or

(ii) to a fine,

or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or both.

(6) If a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order under section 80 of the Sentencing Code (conditional discharge).

(7) If a person is convicted of an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence under this section, it is not open to the service court that convicted the person to make, in respect of the offence, an order under section 185 of that Act (conditional discharge).

In this subsection “ service court ” means the Court Martial or the Service Civilian Court.

(8) In proceedings for an offence under this section, a copy of the original domestic abuse protection order, certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.

Section 40 Arrest for breach of order

(1) This section applies where a relevant court has made a domestic abuse protection order against a person (“P”).

(2) In this section “ relevant court ” means—

(a) the High Court,

(b) the family court, or

(c) the county court.

(3) A person mentioned in subsection (4) may apply to the relevant judge for the issue of a warrant for P's arrest if the person considers that P has failed to comply with the order or is otherwise in contempt of court in relation to the order.

(4) The persons referred to in subsection (3) are—

(a) the person for whose protection the order was made;

(b) where the order was made under section 28, the person who applied for the order (if different);

(c) any other person with the leave of the relevant judge.

(5) The relevant judge may issue a warrant on an application under subsection (3) only if—

(a) the application is substantiated on oath, and

(b) the relevant judge has reasonable grounds for believing that P has failed to comply with the order or is otherwise in contempt of court in relation to the order.

(6) If—

(a) P is brought before a relevant court as a result of a warrant issued under this section, and

(b) the court does not immediately dispose of the matter,

the court may remand P.

(7) Schedule 1 contains further provision about remand under this section.

(8) In this section “ the relevant judge ” means—

(a) where the order was made by the High Court, a judge of that court;

(b) where the order was made by the family court, a judge of that court;

(c) where the order was made by the county court, a judge of that court.

(9) For the power of a constable to arrest P without warrant for breach of a domestic abuse protection order, see section 24 of the Police and Criminal Evidence Act 1984.

Section 41 Notification requirements

(1) Subsections (2) to (6) apply where a person is subject to a domestic abuse protection order.

(2) The person must, within the period of three days beginning with the day on which the order is made, notify the police of the information in subsection (3).

(3) The information referred to in subsection (2) is—

(a) the person's name and, if the person uses one or more other names, each of those names;

(b) the person's home address.

(4) If the person uses a name which has not been notified under this section, the person must, within the period of three days beginning with the day on which the person first uses that name, notify the police of that name.

(5) If the person changes home address, the person must, before the end of the period of three days beginning with the day on which that happens, notify the police of the new home address.

(6) If the person ceases to have any home address, the person must, before the end of the period of three days beginning with the day on which that happens, notify the police of that fact.

(7) The Secretary of State may by regulations specify further notification requirements which a court may impose when making or varying a domestic abuse protection order.

In this subsection a “notification requirement” is a requirement for the person against whom the order is made to provide specified information to the police.

(8) The requirements imposed by subsections (2) to (6) do not apply where—

(a) the person is subject to another domestic abuse protection order (and accordingly those requirements already apply), or

(b) the person is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 or section 9 of the Stalking Protection Act 2019.

(9) If on any day the person ceases to be subject to any notification requirements as mentioned in subsection (8)(a) or (b), the requirements imposed by subsections (2) to (6) apply to the person on and after that day, but as if the reference in subsection (2) to the day on which the order was made were a reference to that day.

(10) For provision about how to give a notification under subsection (2), (4), (5) or (6), see section 42.

Section 42 Further provision about notification under section 41

(1) A person gives a notification under section 41(2), (4), (5) or (6) by—

(a) attending at a police station in the appropriate police area, and

(b) giving an oral notification to—

(i) a police officer, or

(ii) any person authorised for the purpose by the officer in charge of the station.

(2) In subsection (1) “ the appropriate police area ”, in relation to a person, means—

(a) if the person's home address is in England and Wales, the police area in which that home address is situated;

(b) if the person does not have a home address in England and Wales, the police area in which the court that last made a domestic abuse protection order against the person is situated.

(3) In a case of a person giving a notification under section 41(5), any reference in subsection (2) to the person's home address is a reference to the person's home address at the time of giving the notification.

(4) A notification given in accordance with this section must be acknowledged—

(a) in writing, and

(b) in the form directed by the Secretary of State.

(5) When a person (“P”) gives a notification under section 41, P must, if requested to do so by the person to whom notification is given, allow that person to do any of the following things—

(a) take P's fingerprints;

(b) photograph, or otherwise produce an image of, P or any part of P.

(6) The power in subsection (5) is exercisable for the purpose of verifying P's identity.

Section 43 Offences relating to notification

(1) A person (“P”) commits an offence if P—

(a) fails, without reasonable excuse, to comply with a requirement imposed by or under section 41, or

(b) notifies the police, in purported compliance with such a requirement, of any information which P knows to be false.

(2) A person who fails, without reasonable excuse, to comply with section 42(5) commits an offence.

(3) A person guilty of an offence under subsection (1) or (2) is liable—

(a) on summary conviction—

(i) to imprisonment for a period not exceeding the general limit in a magistrates’ court (or 6 months, if the offence was committed before the 2 May 2022 ), or

(ii) to a fine,

or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or both.

(4) A person commits an offence under subsection (1)(a) on the day on which the person first fails, without reasonable excuse, to comply with a requirement imposed by or under section 41.

(5) The person continues to commit the offence throughout any period during which the failure continues.

(6) But the person may not be prosecuted more than once in respect of the same failure.

Section 44 Variation and discharge of orders

(1) A court may vary or discharge a domestic abuse protection order made by that or any other court.

This is subject to section 45.

(2) A court may vary or discharge a domestic abuse protection order under this section—

(a) on the application of a person mentioned in subsection (3), or

(b) in any case in which it could make a domestic abuse protection order under section 31.

(3) The persons referred to in subsection (2)(a) are—

(a) the person for whose protection the order was made;

(b) the person against whom the order was made (“P”);

(c) where the order was made under section 28, the person who applied for the order;

(d) the chief officer of police of the force maintained for any police area in which P resides;

(e) the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it.

(4) Before deciding whether to vary or discharge an order under this section, the court must hear from—

(a) any relevant chief officer of police who wishes to be heard, and

(b) in a case where the person for whose protection the order was made is seeking to discharge the order, or to remove or make less onerous any requirement imposed by the order, the person for whose protection it was made.

(5) For the purposes of subsection (4)(a) each of the following is a “relevant chief officer of police”—

(a) where the order was made on an application by a chief officer of police, that chief officer;

(b) the chief officer of police of the force maintained for any police area in which P resides;

(c) the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it.

(6) Section 33 (matters to be considered before making an order) applies in relation to the variation or discharge of a domestic abuse protection order as it applies in relation to the making of such an order, but as if references to the person for whose protection the order would be made were references to the person for whose protection the order was made.

(7) Section 34 (making of orders without notice) applies in relation to the variation of a domestic abuse protection order as it applies in relation to the making of such an order, but as if—

(a) references to the person for whose protection the order would be made were references to the person for whose protection the order was made,

(b) subsection (2) were omitted, and

(c) the reference in subsection (4) to making representations about the order were a reference to making representations about the variation.

(8) The court may make any order varying or discharging a domestic abuse protection order that it considers appropriate.

This is subject to subsections (9) to (13).

(9) The court may include an additional requirement in the order, or extend the period for which the order, or a requirement imposed by the order, has effect, only if it is satisfied that it is necessary to do so in order to protect the person for whose protection the order was made from domestic abuse, or the risk of domestic abuse, carried out by P.

(10) The court may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.

(11) The court may remove any requirement imposed by the order, or make such a requirement less onerous, only if satisfied that the requirement as imposed is no longer necessary to protect the person for whose protection the order was made from domestic abuse, or the risk of domestic abuse, carried out by P.

(12) If it appears to the court that any conditions necessary for a requirement to be imposed are no longer met, the court—

(a) may not extend the requirement, and

(b) must remove the requirement.

(13) The court may discharge the order only if satisfied that the order is no longer necessary to protect the person for whose protection it was made from domestic abuse, or the risk of domestic abuse, carried out by P.

Section 45 Variation and discharge: supplementary

(1) Any application to vary or discharge a domestic abuse protection order under section 44 must be made to the court that made the order.

This is subject to subsections (2) and (3).

(2) Where the order was made by a magistrates' court, an application to vary or discharge the order may be made to any other magistrates' court acting in the local justice area in which that court acts.

(3) Where—

(a) the order was made under section 31 on an appeal in relation to a person's conviction or sentence for an offence, or

(b) the order was made by a court under that section against a person committed or remitted to that court for sentencing for an offence,

any application to vary or discharge the order must be made to the court by or before which the person was convicted (but see subsection (4)).

(4) Where the person mentioned in subsection (3)(b) was convicted by a youth court, the reference in subsection (3) to the court by or before which the person was convicted is to be read as a reference to a magistrates' court acting in the local justice area in which the youth court acts.

(5) Except as provided for by subsection (3), a domestic abuse protection order made by the Crown Court may be varied or discharged under section 44 only by the Crown Court.

(6) A domestic abuse protection order made by the High Court may be varied or discharged under section 44 only by the High Court.

(7) An order that has been varied under section 44 remains an order of the court that first made it for the purposes of any further application under that section.

(8) Subsection (9) applies in a case where—

(a) an order made against a person is varied under section 44 so as to include an additional requirement, or to extend the period for which the order, or a requirement imposed by the order, has effect, and

(b) the person was not given notice of the proceedings.

(9) The person commits an offence under section 39 only if—

(a) the behaviour constituting the offence was engaged in at a time when the person was aware of the making of the variation, and

(b) the behaviour would not have constituted an offence under that section in the absence of the variation.

Section 46 Appeals

(1) A person listed in subsection (2) may appeal against any decision of a court on an application for a domestic abuse protection order under section 28 (to the extent that it would not otherwise be so appealable).

(2) The persons referred to in subsection (1) are—

(a) the person for whose protection the order was sought,

(b) the person who applied for the order (if different), and

(c) where the court made a domestic abuse protection order under section 28, the person against whom it was made.

(3) A person against whom a domestic abuse protection order is made under subsection (3), (5) or (6) of section 31 may appeal against the making of the order (to the extent it would not otherwise be so appealable) as if it were a sentence passed on the person for the offence referred to in that subsection (assuming, in a case within section 31(5) or (6), that the person had been convicted of the offence).

(4) A person against whom a domestic abuse protection order is made may appeal against a variation of the order under section 44 that is made in a case within subsection (3), (5) or (6) of section 31 (to the extent it would not otherwise be so appealable) as if the varied order were a sentence passed on the person for the offence referred to in that subsection (assuming, in a case within section 31(5) or (6), that the person had been convicted of the offence).

(5) A person listed in subsection (6) may appeal against any decision of a court under section 44 in relation to a domestic abuse protection order (to the extent it would not otherwise be so appealable, whether under subsection (4) or otherwise).

(6) The persons referred to in subsection (5) are—

(a) the person for whose protection the order was made;

(b) the person against whom the order was made (“P”);

(c) where the order was made under section 28, the person who applied for the order;

(d) the chief officer of police of the force maintained for any police area in which P resides;

(e) the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it.

(7) An appeal arising by virtue of subsection (1) or (5)—

(a) in the case of a decision made by a magistrates' court, is to be made to the Crown Court;

(b) in the case of a decision made by the Crown Court, is to be made to the Court of Appeal.

For the powers of the Crown Court or Court of Appeal on such an appeal, see section 47(4).

(8) If, in the case of an appeal arising by virtue of subsection (1) or (5) in respect of a decision made by the High Court, the family court or the county court, the person making the appeal was not a party to the proceedings in that court, the person is to be treated for the purposes of that appeal as if the person had been a party to those proceedings.

(9) For further provision about appeals, see (in particular)—

(a) section 31K of the Matrimonial and Family Proceedings Act 1984 (appeals from the family court),

(b) section 16(1) of the Senior Courts Act 1981 (appeals from the High Court),

(c) section 77 of the County Courts Act 1984 (appeals from the county court),

(d) section 108(3) of the Magistrates' Courts Act 1980 (appeals against orders made on conviction in a magistrates' court),

(e) section 50(1) of the Criminal Appeal Act 1968 (appeals against orders made on conviction in the Crown Court), and

(f) rules of court.

Section 47 Further provision about appeals

(1) Before determining any appeal relating to a domestic abuse protection order (whether or not an appeal under section 46), the court must hear from any relevant chief officer of police who wishes to be heard.

(2) For the purposes of subsection (1) each of the following is a “relevant chief officer of police”—

(a) where the order was made on an application by a chief officer of police, that chief officer;

(b) the chief officer of police of the force maintained for any police area in which the person (“P”) against whom the order was made, or (in the case of an appeal against the decision of a court not to make an order under section 28) against whom it was sought, resides;

(c) the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it.

(3) Subsection (4) applies to—

(a) an appeal made to the Crown Court by virtue of section 46(7)(a);

(b) an appeal made to the Court of Appeal by virtue of section 46(7)(b).

(4) On an appeal to which this subsection applies, the court may, on a review of the decision appealed against—

(a) confirm, vary or revoke any part of the decision;

(b) refer the matter back to the court that made the decision with a direction to reconsider and make a new decision in accordance with its ruling;

(c) make any order which the court that made the decision appealed against could have made;

(d) make any incidental or consequential orders that appear to it to be just.

(5) For the purposes of section 45 (variation and discharge: supplementary)—

(a) a domestic abuse protection order that has been confirmed or varied on an appeal (whether under subsection (4)(a) or otherwise) remains an order of the court that first made it, and

(b) a domestic abuse protection order made by a court on an appeal (whether under subsection (4)(c) or otherwise) is to be treated as an order made by the court whose decision was appealed against.

Section 48 Nature of certain proceedings under this Part

(1) Proceedings before a court arising by virtue of section 31(3), (5) or (6), and proceedings before a court arising by virtue of section 44(2)(b) in any case within section 31(3), (5) or (6), are civil proceedings (like proceedings before a magistrates' court under section 28 or 44(2)(a)).

(2) The court is not restricted in the proceedings to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted or (as the case may be) acquitted.

(3) The court may adjourn any proceedings arising by virtue of section 31(3), (5) or (6), or any proceedings arising by virtue of section 44(2)(b) in any case within section 31(3), (5) or (6), even after sentencing or acquitting the person concerned or allowing the person's appeal.

(4) A domestic abuse protection order may be made or varied in addition to an order discharging the person conditionally or absolutely in spite of anything in sections 79, 80 and 82 of the Sentencing Code (which relate to orders discharging a person conditionally or absolutely and their effect).

Section 49 Special measures for witnesses

(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in case of vulnerable and intimidated witnesses) applies to relevant proceedings under this Part as it applies to criminal proceedings, but with—

(a) the omission of the provisions of that Act mentioned in subsection (2) (which make provision only in the context of criminal proceedings), and

(b) any other necessary modifications.

(2) The provisions are—

(a) section 17(4) to (7);

(b) section 21(4C)(e);

(c) section 22A;

(d) section 32.

(3) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to relevant proceedings under this Part—

(a) to the extent provided by rules of court, and

(b) subject to any modifications provided by rules of court.

(4) Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications—

(a) to a direction under section 19 of that Act as applied by this section;

(b) to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

(5) In this section “ relevant proceedings under this Part ” means—

(a) proceedings under section 28, 31(2) or (7), 40 or 44(2)(a);

(b) proceedings arising by virtue of section 31(3), (5) or (6);

(c) proceedings arising by virtue of section 44(2)(b) in any case within section 31(3), (5) or (6);

(d) proceedings on an appeal relating to a domestic abuse protection order (whether or not an appeal under section 46).

Section 49A Arrangements to notify schools etc

(1) A chief officer of police of a police force maintained for a police area must ensure that arrangements are in place to secure the objective in subsection (2).

(2) The objective is that, if a member of the force has reasonable grounds to believe that a child who resides in the police area may be a victim of domestic abuse, any relevant educational establishment is notified as soon as is reasonably practicable except in such circumstances as may be specified in regulations made by the Secretary of State.

(3) For the purposes of this section, each of the following is a relevant educational establishment in relation to a child—

(a) a school at which the child is a registered pupil;

(b) if the child is not a registered pupil at a school—

(i) if the child is receiving education at only one educational establishment, that establishment;

(ii) if the child is receiving education at more than one educational establishment, such one or more of those establishments as is determined in accordance with the arrangements in place under subsection (1) for the police area in which the child resides.

(4) In this section—

“ child ” means a person under the age of 18 years;

“ educational establishment ” means—

a school in England or Wales;

an institution within the further education sector, within the meaning given by section 91(3) of the Further and Higher Education Act 1992;

in relation to England, a 16 to 19 Academy, within the meaning given by section 1B of the Academies Act 2010;

“ registered pupil ”, in relation to a school, has the meaning given by section 434 of the Education Act 1996;

“ school ” has the meaning given by section 4 of the Education Act 1996.