Final steps ahead of Domestic Abuse Act switch on

Wed, 09 Nov 2022

The Domestic Abuse Act 2020 will come into force on 4 January 2023, with supporting regulations taken to December Tynwald for approval.  

An updated implementation plan has also been published, which sets out the timescales for parts of the Act coming into force and the work being done to support the change.

The Act will provide a legal basis for the protection and support of people in abusive relationships, by creating specific offences and a definition of domestic abuse in all its forms. The offences include physical abuse, financial abuse, mental abuse and coercive and controlling behaviour.

The Domestic Abuse Act is split in to five distinct parts, four of which will come into operation on the 4 January 2023.

This means that from January there will be new legal powers for the police and courts to deal with domestic abuse by removing a perpetrator from an abusive environment.

The Act will also give the police and courts the power to impose Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs).

DAPNs can be issued on the spot by the Police if there is an immediate welfare concern, or a DAPO can be granted by the courts to protect victims and survivors of abuse on a longer term basis.

Minister for Justice and Home Affairs, Jane Poole-Wilson MHK, said: ‘For the first time in Manx Law we will have specific legal protections for victims and survivors of domestic abuse. We are continuing to develop care pathways and other services that are needed to build a holistic domestic abuse framework. We know that there will be some gaps in wrap-around services to begin with, but we also recognise the importance of bringing into effect the new offences and protections for those who need them most.’

 ‘We’re seeking approval at December Tynwald of regulations which make it mandatory for people subject to new Domestic Abuse Protection Orders to notify the police or courts before they travel off Island. We will also be laying statutory guidance for the use of those Orders and Notices, which put a preventative framework in place for those at risk of violent or controlling behaviour, to better protect victims and survivors of abuse.’

Part 4 of the Act, Prohibition of Cross Examination in Person, requires further work to be undertaken. It is hoped this section of the Act will come into force by autumn 2023.

A Working Protocol is currently being developed with key agencies including the Police and Manx Care. This document will provide agencies and practitioners across the Isle of Man with the guidance and resources to ensure that we are all working together to support survivors of abuse.

Guidance for the public is also being produced, to be released in the coming weeks. This will detail how the new provisions will work, how the new offences are set out, and how to access services if you are a victim of domestic abuse.

For more information visit the Domestic Abuse webpage.

 

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