Give domestic abuse victims legal aid

Lawyers have called for non-means tested legal aid to be made available to domestic abuse victims, as the Domestic Violence Bill passed its final parliamentary hurdle.

The Bill, approved by the House of Lords last week, defines domestic violence to include coercive or controlling behaviour and creates greater protection for victims.

It places a duty on local authorities to provide victims with support and accommodation, and introduces Domestic Abuse Protection Notices and Domestic Abuse Protection Orders to provide immediate protection for victims and in situations where there is insufficient evidence to charge the perpetrator. It also prevents perpetrators from cross-examining their victims in court.

Law Society president I Stephanie Boyce welcomed the extra provisions for victims, particularly given the rise in abuse during the COVID-19 pandemic.

‘This is why we believe that the criteria for legal aid should be urgently revised to ensure that victims of domestic abuse can access legal advice without having their means assessed,’ she said.

Boyce also warned that some of the Bill’s measures fall short of what was required, for example, ‘alleged abusers should also be banned from examining some other witnesses―the couple’s children being the prime example―in court’.

Bar Council chair Derek Sweeting QC said: ‘It is disappointing that the government has ignored our call to make non-means tested legal aid available in all domestic abuse cases… legal representation ought to be a given for these difficult and traumatic cases.’

Vanessa Friend, partner at Hodge Jones & Allen, said: ‘Although the Lords had proposed amendments around the monitoring of stalkers and abusers, which were rejected by the government, they ultimately wanted the bill to be passed and recognised the value in doing so.’

Friend said there were gaps in provision for the 2.4 million victims of domestic abuse each year, including the failure to protect migrants who have no recourse to public funds.