Member

338: After Clause 121, insert the following new Clause— “Domestic abuse protection orders(1) The Domestic Abuse Act 2021 is amended as follows.(2) In section 35 (provision that may be made by orders), after subsection (5) insert—“(5A) A domestic abuse protection order may require P to participate in an assessment to determine whether P should be required to participate in a programme of activities.(5B) A domestic abuse protection order may provide that if, following an assessment required under subsection (5A), the person carrying out the assessment determines that P should participate in a programme of activities, then P is required to participate in that programme of activities.”.(3) In section 36 (further provision about requirements that may be imposed by orders), omit subsections (2) to (7).(4) In section 44 (variation and discharge of orders), after subsection (3) insert—“(3A) A magistrates’ court may of its own motion vary a domestic abuse protection order made by a magistrates’ court acting in the local justice area in which that court acts.(3B) The Crown Court may of its own motion vary a domestic abuse protection order made by the Crown Court.””Member's explanatory statement This new clause adds participation in an assessment and programme of activities as examples of requirements that a domestic abuse protection order may include, and allows the criminal courts to vary domestic abuse protection orders of their own motion.