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.

Debate in Parliament |

Party Summary

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.

PartyMajority (Content)Minority (Not-Content)Turnout
Bishop8 030.8%
Con2 21279.6%
Crossbench50 1838.4%
DUP0 480.0%
Green2 0100.0%
Independent Labour1 0100.0%
Judge1 08.3%
Lab137 073.7%
LDem81 093.1%
Non-affiliated15 535.1%
PC1 0100.0%
UUP0 2100.0%
Total:298 24165.3%

Rebel Voters - sorted by party

Lords for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible lord who could have voted in this division

Sort by: Name | Party | Vote

Baroness Brady Con (front bench)aye
Lord Randall of UxbridgeConaye
Lord Aberdare Crossbenchno
Lord Botham Crossbenchno
Baroness Butler-Sloss Crossbench (front bench)no
Lord Butler of BrockwellCrossbench (front bench)no
Lord Carey of CliftonCrossbenchno
Lord Carrington Crossbenchno
Viscount Craigavon Crossbenchno
Lord Craig of RadleyCrossbenchno
Lord Dannatt Crossbenchno
Baroness Deech Crossbench (front bench)no
The Earl of ErrollCrossbenchno
Baroness Falkner of MargravineCrossbenchno
Lord Grabiner Crossbenchno
Lord Hannay of ChiswickCrossbenchno
Baroness Hogg Crossbenchno
Lord Kilclooney Crossbenchno
Lord Mawson Crossbenchno
Lord Ravensdale Crossbenchno
Lord Faulks Non-affiliated (front bench)no
Baroness Fox of BuckleyNon-affiliatedno
Lord Gadhia Non-affiliatedno
Baroness Hoey Non-affiliatedno
Lord Taylor of WarwickNon-affiliatedno

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