My Lords, these probing amendments relate to the operation of domestic abuse protection notices. Clause 22 sets out the matters which the police must consider before issuing a notice. Among other things, the police must consider any representations made by the person on whom the notice is to be served. Amendment 61 seeks to probe whether any such representations can extend to the provisions included in the notice.
I agree fully with the noble Lord, Lord Paddick, that the police should give full consideration to any representations on all parts of the notice, including any of the restrictions, as listed in Clause 21, that they consider imposing.
The draft statutory guidance, published in advance of the Committee stage, covers the considerations that the police must make before a notice is authorised. Although the current draft makes no specific reference to the consideration of representations in respect of individual provisions to be included in a notice, I would be happy to ensure that this point is addressed in the final form of the guidance.
Amendment 63, in the name of the noble Lord, Lord Ponsonby, seeks to ensure that a risk assessment is carried out before a notice is given by the police to an alleged perpetrator. I fully support the intention of this amendment, which is to ensure that full consideration is given to the risks to victims when deciding whether to issue a notice. I think that probably brings into relief the point made by the noble Lord, Lord Paddick. Sadly, police enforcement action against a domestic abuse perpetrator can lead to the perpetrator blaming the victim and seeking to retaliate. That is why it so important that these notices and orders do not require the victim’s consent and that victims can therefore distance themselves from police action against the perpetrator. It is why it is extremely important that the notice can be used to provide immediate protection to the victim. In the aftermath of an incident, police can use a notice to evict the perpetrator from the victim’s home and prohibit the perpetrator from contacting the victim for up to 48 hours. Last Wednesday, I inadvertently referred to 24 hours, for which I apologise. This provides the victim with breathing space to consider their options and for police and specialist services to support the victim with safety planning.
The notice is followed by an application for a DAPO which is designed to provide longer-term protection and can be tailored to respond to the level of risk to the victim. Therefore, if police involvement in the case and the giving of a notice to the perpetrator have led to an escalation of risk to the victim, the DAPO can include provisions to address this risk.
Robust risk assessment is central to the police response to domestic abuse. The College of Policing guidance on domestic abuse stipulates that a risk assessment must be carried out in all domestic abuse cases. The importance of risk assessment when using a DAPN or order is also set out in the draft statutory guidance for police which has been published ahead of Committee. This guidance makes it clear that it is essential that police use appropriate specialist domestic abuse risk assessment or screening tools in consultation with partner agencies to safeguard the victim and reduce the risk of further harm by the perpetrator. The guidance also includes information on safety planning action that police should undertake alongside the notice and order.
Amendments 65, 66 and 67 deal with breach of a notice. Clause 24 provides that, where there are reasonable grounds for believing that a person is in breach of a notice, they can be arrested without warrant, held in custody and brought before a magistrate’s court within 24 hours, or in time to attend the scheduled hearing of the application for a domestic abuse protection order—whichever is sooner.
Amendment 65 would make the process of holding the perpetrator in custody following arrest for breach of a DAPN an optional matter for the police. Although I understand noble Lords’ concerns regarding the blanket nature of this provision, this amendment could put a victim at increased risk of harm, coercion or retribution once an alleged perpetrator is released. The amendment could lead to further breaches occurring while the court hearing is pending and increase the need for protective measures for victims during that period.
Clause 24 also provides that if the court decides to remand the person on bail, it can attach any conditions that are necessary to prevent the person obstructing the course of justice, for example interfering with witnesses. These are standard provisions, which largely replicate the approach taken for remand following breaches of protective orders, such as non-molestation orders, occupation orders and anti-social behaviour injunctions.
Amendment 66 seeks to test whether a notice would continue in force following the court imposing bail conditions under Clause 24. I can advise the noble Lord that if a court were to remand a person on bail under Clause 24, the notice would continue in effect until the application for a domestic abuse protection order had been determined or withdrawn.
Amendments 67 and 70 seek to probe what constitutes interference with a witness. The term “interference”, which is used in other legislation relating to bail requirements, would capture direct or indirect contact with the witness and is intended to protect against someone influencing a witness’s evidence, or dissuading a witness from giving evidence, for example.
I hope that those two explanations satisfy noble Lords and that consequently the noble Baroness, Lady Hamwee, will be happy to withdraw the amendment.