Domestic Abuse Bill — Report (2nd Day) — Amendment 51 — 10 Mar 2021 at 22:08

Moved by Baroness Kennedy of The Shaws

51: After Clause 68, insert the following new Clause-“Defence for victims of domestic abuse who commit an offence(1) A person is not guilty of an offence if-(a) the person is aged 18 or over when the person does the act which constitutes the offence,(b) the person does that act because the person is compelled to do it,(c) the compulsion is attributable to their being a victim of domestic abuse, and(d) a reasonable person in the same situation as the person and having the person’s relevant characteristics would have no realistic alternative to doing that act.(2) A person may be compelled to do something by another person or by the person’s circumstances.(3) Compulsion is attributable to domestic abuse only if-(a) it is, or is part of, conduct which constitutes domestic abuse as defined in sections 1 and 2 of this Act, 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), or(b) it is a direct consequence of a person being, or having been, a victim of such abuse.(4) A person is not guilty of an offence if-(a) the person is under the age of 18 when the person does the act which constitutes the offence,(b) the person does that act as a direct consequence of the person being, or having been, a victim of domestic abuse as defined at subsection (3)(a) above, and(c) a reasonable person in the same situation as the person and having the person’s relevant characteristics would do that act.(5) For the purposes of this section “relevant characteristics” means age, sex, any physical or mental illness or disability and any experience of domestic abuse.(6) In this section references to an act include an omission.(7) Subsections (1) and (4) do not apply to an offence listed in Schedule (Offences to which the defence for victims of domestic abuse who commit an offence does not apply).(8) The Secretary of State may by regulations amend Schedule (Offences to which the defence for victims of domestic abuse who commit an offence does not apply).(9) The Secretary of State must make arrangements for monitoring of the types of offence for which victims of domestic abuse are prosecuted and use this evidence to inform an annual review of the offences listed in Schedule (Offences to which the defence for victims of domestic abuse who commit an offence does not apply) and any amendment to Schedule (Offences to which the defence for victims of domestic abuse who commit an offence does not apply).”Member’s explanatory statementThis new Clause would provide a statutory defence for survivors of domestic abuse, in some circumstances, who commit an offence. It is closely modelled on section 45 of the Modern Slavery Act 2015.

Ayes 283, Noes 245.

Debate in Parliament |

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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
Bishop5 017.2%
Con3 19366.0%
Crossbench46 1329.2%
DUP0 360.0%
Green2 0100.0%
Judge1 06.7%
Lab128 157.3%
LDem78 173.1%
Non-affiliated7 125.0%
PC1 050.0%
UKIP0 133.3%
UUP0 150.0%
Total:271 21452.6%

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

NamePartyVote
Baroness Cavendish of Little VeniceConaye
Baroness Stowell of BeestonConaye
Baroness Wheatcroft Conaye
Lord Aberdare Crossbenchno
Lord Anderson of IpswichCrossbench (front bench)no
Baroness Butler-Sloss Crossbench (front bench)no
Viscount Craigavon Crossbenchno
Lord Dannatt Crossbenchno
Baroness Deech Crossbenchno
The Earl of DevonCrossbenchno
The Earl of ErrollCrossbenchno
Lord Hannay of ChiswickCrossbench (front bench)no
Baroness Hogg Crossbenchno
Lord Kilclooney Crossbenchno
Lord Pannick Crossbench (front bench)no
Lord Trevethin and Oaksey Crossbench (front bench)no
Lord Grabiner Labno
Baroness Nicholson of WinterbourneLDemno
Lord Taylor of WarwickNon-affiliatedno

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