Domestic Abuse Bill — Report (2nd Day) — Amendment 50 — 10 Mar 2021 at 21:45
Moved by Baroness Kennedy of The Shaws
50: After Clause 68, insert the following new Clause-“Reasonable force in domestic abuse cases(1) Section 76 of the Criminal Justice and Immigration Act 2008 (reasonable force for purposes of self-defence etc.) is amended as follows.(2) In subsection (5A) after “In a householder case” insert “or a domestic abuse case”.(3) In subsection (6) after “In a case other than a householder case” insert “or a domestic abuse case”.(4) After subsection (8F) insert-“(8G) For the purposes of this section “a domestic abuse case” is a case where-(a) the defence concerned is the common law defence of self-defence,(b) D is, or has been, a victim of domestic abuse, and(c) the force concerned is force used by D against the person who has perpetrated the abusive behaviour referred to in paragraph (b). (8H) Subsection (8G)(b) will only be established if the behaviour concerned is, or is part of, a history of conduct which constitutes domestic abuse as defined in sections 1 and 2 of the Domestic Abuse Act 2021, including but not limited to conduct which constitutes the offence of controlling or coercive behaviour in an intimate or family relationship as defined in section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).”(5) In subsection (9) after “householder cases” insert “and domestic abuse cases”.”Member’s explanatory statementThis Clause seeks to clarify the degree of force which is reasonable under the common law of self-defence where the defendant is a survivor of domestic abuse alleged to have used force against their abuser.
Ayes 298, Noes 241.
Votes by party, red entries are votes against the majority for that party.
What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.What is Turnout? This is measured against the total membership of the party at the time of the vote.
|Party||Majority (Content)||Minority (Not-Content)||Turnout|
|Baroness Brady||Con (front bench)||aye|
|Lord Randall of Uxbridge||Con||aye|
|Baroness Butler-Sloss||Crossbench (front bench)||no|
|Lord Butler of Brockwell||Crossbench (front bench)||no|
|Lord Carey of Clifton||Crossbench||no|
|Lord Craig of Radley||Crossbench||no|
|Baroness Deech||Crossbench (front bench)||no|
|The Earl of Erroll||Crossbench||no|
|Baroness Falkner of Margravine||Crossbench||no|
|Lord Hannay of Chiswick||Crossbench||no|
|Lord Faulks||Non-affiliated (front bench)||no|
|Baroness Fox of Buckley||Non-affiliated||no|
|Lord Taylor of Warwick||Non-affiliated||no|