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The States have agreed to crackdown on domestic abuse after new policies brought by Home Affairs were strongly backed yesterday.
A new set of actions will be criminalised which should break the patterns of behaviour of abuse, protect victims, and deter repeat offending, Home Affairs say.
Whereas previously primarily linked to violence, the new laws will incorporate other forms such as coercion, intimidation, harassment, threats, economic abuse, and neglect, amongst others.
Protection notices and orders will be introduced giving police and courts powers to provide legal, defined protection to victims even if no arrest has been made. These could limit personal contact and habitation requirements. Processes for granting a restraining order are to be simplified also.
Individuals who could’ve taken reasonable steps to limit or stop serious harm or even death being caused to others as the result of domestic abuse will become a criminal offence too.
Revenge porn – where people share intimate pictures of current or former partners without their consent – is already criminalised but the threat of sharing such materials will now be outlawed as it is viewed as coercive.
Child cruelty laws will also be beefed-up to offer improved protection for families.
The changes, which have been closely modelled on Scotland’s definition of abuse, will be extended to Alderney and Sark too, the latter has limited statutory recognition for domestic abuse behaviours.
Pictured: The courts will get new powers and orders to impose on perpetrators.
Deputy Sue Aldwell, domestic abuse lead for the Committee, labelled it “one of the most important pieces of legislation that has been brought to this Assembly”, with many elements of it being requested by “those tasked with dealing with domestic abuse on a daily basis”.
She said it would add “powerful tools” to protect victims in such cases which are “extremely prevalent in our community”, and bring the island up to speed with Jersey and the Isle of Man.
The changes also include plans to bolster education for children about respect in relationships and the dangers of sexting and pornography, she added
There could be more news measures on the way such as specific offences for stalking and strangulation which would “send out a very clear message this is not acceptable,” Deputy Aldwell said.
Deputy Peter Ferbrache commended the policies but did question one element of it which he said was “appalling” and at odds with the principle of the presumption of innocence in criminal trials – namely the power to hand down a restraining order even in the event of acquittal.
“Has whoever written that never heard of the presumption of innocence? It been a key factor throughout English criminal law and our criminal law forever,” he said.
“I don’t want to see that principle eroded.... do we want to reverse the burden of proof?”
Deputy Rob Prow, President of Home Affairs, said the intent was to give the courts the ability to be able to put protection in place should a judge consider that a victim still needs it.
“I absolutely support the concept of the presumption of innocence… I apologise if that wording was clumsy and missed the point that was being made,” he said.
38 States members approved the 10 propositions within the policy letter, while one was absent, and one did not vote.
Pictured (top): Deputy Sue Aldwell.
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