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17 July 2019
Issue: 7849 / Categories: Legal News , Criminal
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New Domestic Abuse Bill

Expanded definition to include economic abuse, coercive control & manipulation

A landmark Domestic Abuse Bill to tackle the issue and protect victims was laid before Parliament this week.

It includes the first statutory definition of domestic abuse, which will include economic abuse, coercive control and manipulation; prohibits the cross-examination of victims by their abusers in the family courts; establishes a Domestic Abuse Commissioner to champion victims and survivors; creates Domestic Abuse Protection Orders (DAPOs) to place restrictions on offenders; and gives automatic eligibility for special measures to support more victims to give evidence in the criminal courts.

A draft bill was published in January, following a public consultation that received more than 3,200 responses, and scrutinised by a joint Parliamentary committee. The government accepted the majority of the committee’s recommendations and has committed to further amendments as the bill progresses.

Prime Minister Theresa May said: ‘Domestic abuse can take many forms, from horrific physical violence to coercive behaviour that robs people of their self-esteem, their freedom and their right to feel safe in their own homes, but the immense bravery I’ve seen demonstrated by survivors is consistent throughout.’

The government also announced this week that it will ensure access to refuges for asylum seekers suffering domestic abuse and review the statutory response to migrant victims of domestic abuse.

Rights of Women (ROW), which provides free legal advice to women, said it welcomed the ban on direct cross-examination of victims but remained ‘concerned that the drafting of the provision is insufficient to fully protect women from abuse’. It called for extra safeguards to ensure DAPOs work effectively, including making sufficient resources and legal aid available to ensure victims’ views are central to decision-making, giving police rather than the victim responsibility, where appropriate, for applying for the order, and adequate monitoring of compliance with orders.

ROW, the Step Up Migrant Women coalition and other groups called for greater protection of migrant women suffering abuse, regardless of immigration status.  

Issue: 7849 / Categories: Legal News , Criminal
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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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