Domestic Abuse Bill — Commons Reasons and Amendments — Motion G1 (as an amendment to Motion G) — 21 Apr 2021 at 18:45
Moved by Baroness Royall of Blaisdon
42D: Before Clause 69, insert the following new Clause-“Identification, monitoring and management of serial domestic abuse and stalking perpetrators(1) The Criminal Justice Act 2003 is amended as follows.(2) In section 325 (arrangements for assessing etc risk posed by certain offenders)-(a) in subsection (1), after ““relevant sexual or violent offender” has the meaning given by section 327;” insert ““relevant domestic abuse or stalking perpetrator” has the meaning given in section 327ZA;”;(b) in subsection (2), after paragraph (a) insert-“(aa) relevant domestic abuse or stalking perpetrators,”.(3) After section 327 (Section 325: interpretation) insert-“327ZA Section 325: interpretation of relevant domestic abuse or stalking perpetrator(1) For the purposes of section 325, a person (“P”) is a “relevant domestic abuse or stalking perpetrator” if P has been convicted of a specified offence and meets either the condition in subsection (2)(a) or subsection (2)(b).(2) For the purposes of subsection (1), the conditions are-(a) P is a relevant serial offender; or(b) a risk of serious harm assessment has identified P as presenting a high or very high risk of serious harm.(3) An offence is a “specified offence” for the purposes of this section if it is a specified domestic abuse offence or a specified stalking offence.(4) In this section-“relevant serial offender” means a person convicted on more than one occasion for the same specified offence, or a person convicted of more than one specified offence; “specified domestic abuse offence” means an offence where it is alleged that the behaviour of the accused amounted to domestic abuse within the meaning defined in section 1 of the Domestic Abuse Act 2021;“specified stalking offence” means an offence contrary to section 2A or section 4A of the Protection from Harassment Act 1997.”(4) The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed-(a) commission a review into the operation of the provisions in this section;(b) prepare and publish a document setting out a strategy for the prosecution and management of domestic abuse and stalking offenders.(5) A strategy under subsection (4)(b) must include provisions for-(a) detecting, investigating and prosecuting offences involving domestic abuse or stalking,(b) assessing and managing the risks posed by individuals who commit offences involving domestic abuse or stalking, and(c) reducing the risk that such individuals commit further offences involving domestic abuse or stalking.(6) The Secretary of State-(a) must keep the strategy under review;(b) may revise it.(7) If the Secretary of State revises the strategy, the Secretary of State must publish a document setting out the revised strategy.(8) In preparing or revising a strategy under this section, the Secretary of State must consult-(a) the Domestic Abuse Commissioner, and(b) such other persons as the Secretary of State considers appropriate.(9) Subsection (7) does not apply in relation to any revisions of the strategy if the Secretary of State considers the proposed revisions of the strategy are insubstantial.”
42E: In Clause 75, page 59, line 8, after “section” insert “(Identification, monitoring and management of serial domestic abuse and stalking perpetrators),”
42F: In Clause 79, page 60, line 32, at end insert-“( ) section (Identification, monitoring and management of serial domestic abuse and stalking perpetrators);””
Ayes 291, Noes 228.
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