OpenLegislation

Domestic Abuse Act 2021

2021 c. 17 · Enacted 29 April 2021 · Extends to United Kingdom

Not fully up to date. 7 changes made by later legislation have not yet been written into this text, which is revised to 30 September 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 80(5)(a)(ii)substitutedHealth and Care Act 2022 Sch. 3 para. 58
s. 56(4)(c)insertedVictims and Prisoners Act 2024 s. 20(4)
s. 87(6)(aa)insertedVictims and Prisoners Act 2024 s. 20(5)
s. 50 cross-headingwords substitutedVictims and Prisoners Act 2024 s. 20(3)
s. 35(5A)(5B)insertedCrime and Policing Act 2026 s. 142(2)
s. 36(2)-(7)omittedCrime and Policing Act 2026 s. 142(3)
s. 44(3A)(3B)insertedCrime and Policing Act 2026 s. 142(4)
An Act to make provision in relation to domestic abuse; to make provision for and in connection with the establishment of a Domestic Abuse Commissioner; to make provision for the granting of measures to assist individuals in certain circumstances to give evidence or otherwise participate in civil proceedings; to prohibit cross-examination in person in family or civil proceedings in certain circumstances; to make further provision about orders under section 91(14) of the Children Act 1989; to provide for an offence of threatening to disclose private sexual photographs and films with intent to cause distress; to provide for an offence of strangulation or suffocation; to make provision about circumstances in which consent to the infliction of harm is not a defence in proceedings for certain violent offences; to make provision about certain violent or sexual offences, and offences involving other abusive behaviour, committed outside the United Kingdom; and for connected purposes.[29th April 2021]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Part 1: Definition of “domestic abuse”
  2. 1Definition of “domestic abuse”
  3. 2Definition of “personally connected”
  4. 3Children as victims of domestic abuse
  5. Part 2: The Domestic Abuse Commissioner
  6. Domestic Abuse Commissioner
  7. 4Appointment of Commissioner
  8. 5Funding
  9. 6Staff etc
  10. Functions of Commissioner
  11. 7General functions of Commissioner
  12. 8Reports
  13. 9Advice and assistance
  14. 10Incidental powers
  15. Framework document
  16. 11Framework document
  17. Advisory Board
  18. 12Advisory Board
  19. Strategic plans and annual reports
  20. 13Strategic plans
  21. 14Annual reports
  22. Duties of public authorities in relation to Commissioner
  23. 15Duty to co-operate with Commissioner
  24. 16Duty to respond to Commissioner's recommendations
  25. 17Duty to send conclusions of domestic homicide review to Commissioner
  26. Disclosure of information
  27. 18Disclosure of information
  28. Miscellaneous and supplementary
  29. 19Restriction on exercise of functions in individual cases
  30. 20Duty to report on domestic abuse services in England
  31. 21Amendments relating to Commissioner
  32. Part 3: Powers for dealing with domestic abuse
  33. Domestic abuse protection notices
  34. 22Power to give a domestic abuse protection notice
  35. 23Provision that may be made by notices
  36. 24Matters to be considered before giving a notice
  37. 25Further requirements in relation to notices
  38. 26Breach of notice
  39. Domestic abuse protection orders
  40. 27Meaning of “domestic abuse protection order”
  41. 28Domestic abuse protection orders on application
  42. 29Applications where domestic abuse protection notice has been given
  43. 30Remand under section 29(8) of person arrested for breach of notice
  44. 31Domestic abuse protection orders otherwise than on application
  45. 32Conditions for making an order
  46. 33Matters to be considered before making an order
  47. 34Making of orders without notice
  48. 35Provision that may be made by orders
  49. 36Further provision about requirements that may be imposed by orders
  50. 37Further provision about electronic monitoring requirements
  51. 38Duration and geographical application of orders
  52. 39Breach of order
  53. 40Arrest for breach of order
  54. 41Notification requirements
  55. 42Further provision about notification under section 41
  56. 43Offences relating to notification
  57. 44Variation and discharge of orders
  58. 45Variation and discharge: supplementary
  59. 46Appeals
  60. 47Further provision about appeals
  61. 48Nature of certain proceedings under this Part
  62. 49Special measures for witnesses
  63. Notifying schools etc if child is suspected victim of domestic abuse
  64. 49AArrangements to notify schools etc
  65. 49BPower to extend section 49A to childcare providers Not yet in force
  66. Notices and orders: supplementary
  67. 50Guidance
  68. 51Data from electronic monitoring: code of practice
  69. 52Powers to make other orders in proceedings under this Part
  70. 53Proceedings not to be subject to conditional fee agreements
  71. 54Consequential amendments of the Sentencing Code
  72. 55Repeal of provisions about domestic violence protection notices and orders Not yet in force
  73. 56Interpretation of Part 3
  74. Part 4: Local authority support
  75. 57Support provided by local authorities to victims of domestic abuse
  76. 58Domestic abuse local partnership boards
  77. 59Annual reports
  78. 60Guidance
  79. 61Interpretation of Part 4
  80. Part 5: Protection for victims, witnesses, etc in legal proceedings
  81. Special measures
  82. 62Special measures in criminal proceedings for offences involving domestic abuse
  83. 63Special measures in family proceedings: victims of domestic abuse
  84. 64Special measures in civil proceedings: victims of domestic abuse etc
  85. Prohibition of cross-examination in person
  86. 65Prohibition of cross-examination in person in family proceedings
  87. 66Prohibition of cross-examination in person in civil proceedings
  88. Orders under section 91(14) of the Children Act 1989
  89. 67Orders under section 91(14) of the Children Act 1989
  90. Part 6: Offences involving abusive or violent behaviour
  91. Controlling or coercive behaviour
  92. 68Controlling or coercive behaviour in an intimate or family relationship
  93. ...
  94. 69Threats to disclose private sexual photographs and films with intent to cause distress Repealed
  95. Offences against the person
  96. 70Strangulation or suffocation
  97. 71Consent to serious harm for sexual gratification not a defence
  98. Offences committed outside the UK
  99. 72Offences against the person committed outside the UK: England and Wales
  100. 73Offences against the person committed outside the UK: Northern Ireland
  101. 74Amendments relating to offences committed outside the UK
  102. Part 7: Miscellaneous and general
  103. Prosecution and management of offenders
  104. 75Strategy for prosecution and management of offenders
  105. 76Polygraph conditions for offenders released on licence
  106. Disclosure of information by police
  107. 77Guidance about the disclosure of information by police forces
  108. Homelessness
  109. 78Homelessness: victims of domestic abuse
  110. Secure tenancies
  111. 79Grant of secure tenancies in cases of domestic abuse
  112. Medical evidence of domestic abuse
  113. 80Prohibition on charging for the provision of medical evidence of domestic abuse
  114. Data processing for immigration purposes
  115. 81Review of processing of victims' personal data for immigration purposes
  116. 82Code of practice
  117. Contact centres
  118. 83Report on the use of contact centres in England
  119. Guidance
  120. 84Power of Secretary of State to issue guidance about domestic abuse, etc
  121. Powers to make consequential or transitional provision, etc
  122. 85Power to make consequential amendments
  123. 86Power to make transitional or saving provision
  124. Final provisions
  125. 87Regulations
  126. 88Financial provision
  127. 89Extent
  128. 90Commencement
  129. 91Short title
  130. Schedule 1: Further provision about remand under section 40
  131. Introductory
  132. 1Paragraph 1
  133. Remand in custody or on bail
  134. 2Paragraph 2
  135. 3Paragraph 3
  136. 4Paragraph 4
  137. Remand for medical examination and report
  138. 5Paragraph 5
  139. Further remand
  140. 6Paragraph 6
  141. Postponement of taking of recognizance
  142. 7Paragraph 7
  143. Requirements imposed on remand on bail
  144. 8Paragraph 8
  145. Schedule 2: Strangulation or suffocation: consequential amendments
  146. Police and Criminal Evidence Act 1984
  147. 1Paragraph 1
  148. Housing Act 1985
  149. 2Paragraph 2
  150. Criminal Justice and Public Order Act 1994
  151. 3Paragraph 3
  152. Crime and Disorder Act 1998
  153. 4Paragraph 4
  154. Youth Justice and Criminal Evidence Act 1999
  155. 5Paragraph 5
  156. Sexual Offences Act 2003
  157. 6Paragraph 6
  158. Criminal Justice Act 2003
  159. 7Paragraph 7
  160. Domestic Violence, Crime and Victims Act 2004
  161. 8Paragraph 8
  162. Children Act 2004
  163. 9Paragraph 9
  164. Criminal Justice and Immigration Act 2008
  165. 10Paragraph 10
  166. Modern Slavery Act 2015
  167. 11Paragraph 11
  168. Sentencing Act 2020
  169. 12Paragraph 12
  170. Schedule 3: Amendments relating to offences committed outside the UK
  171. Part 1: England and Wales
  172. Protection from Harassment Act 1997
  173. 1Paragraph 1
  174. Sexual Offences Act 2003
  175. 2Paragraph 2
  176. Serious Crime Act 2015
  177. 3Paragraph 3
  178. Part 2: Scotland
  179. Criminal Procedure (Scotland) Act 1995
  180. 4Paragraph 4
  181. Sexual Offences (Scotland) Act 2009 (asp 9)
  182. 5Paragraph 5
  183. Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)
  184. 6Paragraph 6
  185. Part 3: Northern Ireland
  186. Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9))
  187. 7Paragraph 7
  188. Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))
  189. 8Paragraph 8