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We agree with the Prison Reform Trust that the Bill provides a rare opportunity to improve legal protection for survivors who are driven to offend by their experience of abuse.
Government data tells us that nearly 60% of women in prison are survivors of domestic abuse. The Prison Reform Trust report ‘There’s a reason we’re in trouble’ contains many examples of women who have been convicted of offences that arose directly from their abuse, such as holding drugs for an abusive partner. Their proposed amendments would offer survivors the same protection that is currently in place for other vulnerable groups and we urge MPs to express their support. Further information: www.prisonreformtrust.org.uk/women/domesticabuse
Domestic Abuse BIll proposals summary Write to your MP! Letter to MPs
The Statutory defense summary as part of the Domestic Abuse Bill
This is a public bill presented to Parliament by the Government. The Bill was introduced to the House of Commons and given its First Reading on Tuesday 3 March 2020. This stage is formal and takes place without any debate. The Bill was debated at second reading on Tuesday 28 April 2020 and has now been sent to a Public Bill Committee. The Public Bill Committee will scrutinise the Bill line by line. The first sitting of the Public Bill Committee will be on a date to be confirmed and the Committee is scheduled to report by Thursday 25 June 2020.
Statutory defence
We recommend that the Government considers the proposal that a new clause be added to the Bill to create a statutory defence for women whose offending is driven by their experience of domestic abuse. (Paragraph 180).The Government agreed following the Committee’s recommendation to consider a proposal made by the Prison Reform Trust that a new statutory defence be created for those whose offending is driven by domestic abuse.
We further discussed the proposal with the Prison Reform Trust and with other stakeholders in the criminal justice system including the CPS and the judiciary. Whilst we recognise the fact that many women offenders have themselves been subject to domestic abuse, we remain of the view that a statutory defence is unnecessary in light of the existing full and partial defences available under the current law.
We also noted the improved understanding and awareness of the nature of domestic abuse throughout the criminal justice system. This will be further assisted by the new statutory definition of domestic abuse in the Bill. We believe this will mean the existing defences are more able to respond flexibly and proportionately than a narrowly defined statutory defence. To the circumstances of those compelled to commit crimes as a result of domestic abuse. We will however continue to monitor the use of the existing defences and keep under review the need for any statutory changes.”.
Some useful links to the work around the domestic violence bill
http://www.prisonreformtrust.org.uk/WhatWeDo/Projectsresearch/Women/DomesticAbuse
Domestic Abuse Bill: Second Reading, House of Commons, 28 April 2020
It is important to acknowledge that the coronavirus outbreak is a particularly worrying time for victims of domestic abuse. In particular, the social-distancing measures required could have a serious effect on domestic abuse victims and increase exposure to those perpetrating the crime. https://www.local.gov.uk/
Key messages
- Domestic abuse is a horrendous crime, and councils want to do all they can to tackle and prevent it. As part of our #CouncilsCan campaign, the LGA has been calling for greater action to reduce and eventually eliminate domestic abuse and it is positive to see the Domestic Abuse Bill being taken forward.
- It is important to acknowledge that the coronavirus outbreak is a particularly worrying time for victims of domestic abuse. In particular, the social-distancing measures required could have a serious effect on domestic abuse victims and increase exposure to those perpetrating the crime.
- Many councils are working closely with their partners in the police, health services and wider domestic abuse sector, to reassure people at risk and provide support and guidance. The LGA has also produced guidance to support councils to tackle domestic abuse during the Covid-19 pandemic.
- We support the creation of a statutory definition of domestic abuse, and the inclusion of economic abuse within this. We are also pleased to see the establishment of the Domestic Abuse Commissioner role.
- Alongside the Bill’s focus on crisis interventions and criminal justice, tackling domestic abuse requires a cross-government response incorporating health, housing and education. We need an equal focus on, and funding for, prevention and early intervention measures that aims to prevent domestic abuse happening in the first place.
- While it is correct that we should prioritise and support victims, breaking the cycle of domestic abuse will also mean stopping perpetrators from reoffending. This requires funding and investment to be put towards evidence-based perpetrator programmes.
- We are calling for the key learning and best practice from Domestic Homicide Reviews (DHRs) to be shared on a national level. This learning should contribute towards the Commissioner’s Annual Report.
- With domestic abuse a factor in most child protection cases, we would like to see more emphasis on how children can be supported when they have experienced domestic abuse. There must be greater investment in child and adolescent mental health services and early intervention work to mitigate the impact of adverse childhood experiences based around domestic abuse.
- This legislation comes at a time when, even prior to the eventual long-term impact of the COVID-19 pandemic, local government’s services, particularly children’s services, were already facing unprecedented demand. Councils have worked hard to protect budgets for essential child protection services, but funding pressures have led to difficult decisions in other parts of the service. This has reduced vital early intervention work and is leaving children and young people unable to access support they need.
- For the Bill to be a success in tackling domestic abuse and creating consistency of services, it must be underpinned by adequate, long-term funding for councils.
