Domestic Abuse Bill — Defence for Victims of Domestic Abuse who Commit an Offence — 15 Apr 2021 at 15:45

The majority of MPs voted against a new defence for victims of domestic abuse who have been coerced into committing a crime as a result of them being a victim of domestic abuse.

MPs were considering the Domestic Abuse Bill.^[1][2]

The motion supported by a majority of MPs in this vote was:

• That this House disagrees with Lords amendment 36

Lords amendment 38^[3] began:

• "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

The explanatory notes to the Lords amendments^[4] stated :

• "Lords Amendment 38 would provide for a new statutory defence for victims of domestic abuse who may have been coerced, or committed a crime, as a result of being a victim of domestic abuse. However, this provision does not apply to the offences listed in the new Schedule inserted by Lords Amendment 83, referenced in subsection (7) of the new clause.
• Subsection (1) of the new clause would provide that a person, aged 18 or over at the time of the act which constitutes an offence (i.e. not one listed in the new Schedule introduced by Lords Amendment 83), is not guilty of that offence if they commit the offence because they were compelled to do so; they were compelled as a result of other factors, for example, such as exploitation, and a reasonable person with the relevant characteristics in the same position as that person, would have no realistic alternative but to do the same act"

The schedule proposed via Lords amendment 83^[3][4] listed exemptions starting with:

• False imprisonment, Kidnapping, Manslaughter, Murder, Perverting the course of justice and Piracy.

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• [1] Parliament's webpage on the Domestic Abuse Bill, Parliament.uk
• [2] Explanatory notes to the Domestic Abuse Bill as introduced in the House of Commons on 3 March 2020, Parliament.uk
• [3] Lords amendments to the Domestic Abuse Bill, Parliament.uk
• [4] Explanatory notes to the Lords amendments to the Domestic Abuse Bill as brought from the House of Commons on 7 July 2020, notes dated 25 March 2021, Parliament.uk

Debate in Parliament |