UK Parliament / Open data

Domestic Abuse Bill

Moved by

Lord Hunt of Kings Heath

164: After Clause 72, insert the following new Clause—

“Monitoring of serial and serious harm domestic abuse and stalking perpetrators under multi-agency public protection arrangements

(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)(a), after “offenders” 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 the condition in 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 of 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.

(5) Within six months of the commencement of this section, a Minister of the Crown must lay a report before both Houses of Parliament reviewing the interpretation of the term “relevant domestic abuse or stalking perpetrator” for the purposes of section 325.

(6) A report under subsection (5) must give specific consideration to arrangements for assessing and managing the risks of domestic abuse or stalking posed by perpetrators convicted of offences other than a specified offence.

(7) Subject to a report under subsection (5) being laid before both Houses of Parliament, a Minister of the Crown may by regulations amend this section.””

Member’s explanatory statement

This new Clause amends the Criminal Justice Act 2003, which provides for the establishment of Multi-Agency Public Protection Arrangements (“MAPPA”), to make arrangements for serial domestic abuse or stalking perpetrators to be registered on VISOR (the Violent and Sex Offender Register) and be subjected to supervision, monitoring and management through MAPPA.

About this proceeding contribution

Reference

810 cc358-9 

Session

2019-21

Chamber / Committee

House of Lords chamber
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