Kara Sears
Domestic law in the UK encompasses various legal provisions and acts that address domestic abuse and violence. One of the key pieces of legislation is the Domestic Abuse Act 2021, which establishes measures to assist individuals in providing evidence and participating in civil proceedings related to domestic abuse. It also includes provisions for protection orders, extra-territorial jurisdiction for certain offences, and the establishment of a Domestic Abuse Commissioner. The act places duties on law enforcement agencies and extends support to victims of abuse and their children through local authorities. Other relevant laws include the Protection from Harassment Act 1997, which enables victims to bring civil legal proceedings against harassment, and the Sentencing Act 2020, which consolidates sentencing laws for domestic abuse offences.
| Characteristics | Values |
|---|---|
| Definition | The domestic laws of a country are laws that can be upheld in its courts. |
| Example | Scots law is the kind of domestic law that is enforced in Scotland's courts. |
| Example of UK Domestic Law | The Domestic Abuse Act 2021 |
| Example Provisions of the Domestic Abuse Act 2021 | Prohibit cross-examination in person in family or civil proceedings in certain circumstances |
| Create a statutory basis for the Domestic Violence Disclosure Scheme guidance | |
| Make provision about circumstances in which consent to the infliction of harm is not a defence in proceedings for certain violent offences |
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What You'll Learn
Domestic Abuse Act 2021
Domestic law in the UK refers to the laws that can be upheld in its courts. For instance, Scots law is the type of domestic law enforced in Scotland's courts.
The Domestic Abuse Act 2021
The Domestic Abuse Act 2021 was passed on 29 April 2021. The Act aims to tackle domestic abuse and transform the response to it, helping to prevent offending, protect victims, and ensure they receive the support they need. The Act introduces two new civil protection injunctions: a Domestic Abuse Protection Notice (DAPN) and a Domestic Abuse Protection Order (DAPO). These injunctions are based on existing domestic violence protection notices and orders. A DAPN or DAPO could be issued by law enforcement to prevent contact and proximity to the victim and to prevent the accused party from evicting the victim from their shared premises.
The Act also places a duty on local authorities to support victims of domestic abuse and their children in refuges and safe accommodation, including granting new secure tenancies to social tenants leaving existing tenancies due to domestic abuse. It extends the extra-territorial jurisdiction of criminal courts in England, Wales, Scotland, and Northern Ireland to prosecute further violent and sexual offences committed outside the UK.
The Act creates a statutory basis for the Domestic Violence Disclosure Scheme, placing duties on law enforcement agencies. It allows individuals or third parties to request that law enforcement check whether a current or former partner has a history of violent or abusive behaviour. Law enforcement should disclose this information if the individual is deemed to be at risk of domestic abuse.
Furthermore, the Act creates a new domestic abuse offence in Northern Ireland, criminalising controlling or coercive behaviour. It also enables polygraph testing of domestic abuse offenders as a licence condition following release from custody and extends the offence of disclosing private sexual photographs ("revenge porn") to include threats to disclose such material.
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Domestic Violence Disclosure Scheme
Domestic law in the UK refers to the laws that can be upheld in its courts. For example, Scots law is the kind of domestic law enforced in Scotland's courts.
The Domestic Violence Disclosure Scheme (DVDS), often referred to as "Clare's Law", was implemented across all police forces in England and Wales in March 2014. The scheme has two elements: the "Right to Ask" and the "Right to Know". Under the scheme, an individual or relevant third party (e.g. a family member) can ask the police to check whether a current or former partner has a history of violence or abusive behaviour.
The police must satisfy several tests before disclosing this information:
- The disclosure is necessary to protect the person from being a victim of a crime.
- There is a pressing need for the disclosure.
- Interference with the perpetrator's rights is necessary and proportionate for the prevention of crime.
The police already maintain several databases that hold details of domestic abuse perpetrators, such as the Police National Computer, the Police National Database, and the ViSOR Dangerous Persons Database.
In the year ending March 2020, 8,591 'right to know' applications were made in England and Wales, with 52% resulting in disclosure. In the same period, 11,556 'right to ask' applications were made, with 37% resulting in disclosure.
Clare's Law is named after Clare Wood, a woman murdered in England by a former domestic partner whom the police knew to be dangerous. The scheme is intended to reduce intimate partner violence. It has been adopted in various forms in the UK, Australia, and Canada.
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Protection from Harassment Act 1997
Domestic laws are the laws that can be upheld in a country's courts. In the UK, this includes the Protection from Harassment Act 1997, which deals with a wide variety of distressing behaviour, including stalking, racial harassment, and anti-social behaviour by neighbours. The Act gives both criminal and civil remedies, creating offences of harassment, stalking, putting people in fear of violence, and breach of injunction and restraining orders.
The Protection from Harassment Act 1997 prohibits a person from pursuing a "course of conduct" that constitutes harassment of another person. This includes behaviour that alarms or distresses the victim. The Act also covers situations where the conduct involves the harassment of two or more people, as well as cases where the intention is to influence someone else's behaviour.
In England and Wales, the Act creates specific offences, including stalking, putting people in fear of violence, and breach of injunction. A person convicted under the Act may be liable for imprisonment, a fine, or both. For example, a person found guilty of stalking under the Act may face up to 51 weeks' imprisonment, a fine, or both.
The Protection from Harassment Act 1997 applies in England, Wales, and Scotland, with similar provisions in Northern Ireland. The Act was introduced to address stalking but was drafted to cover a broader range of persistent conduct causing alarm or distress. The legislation has been described as controversial by some commentators.
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Family Law Act 1996
Domestic law in the UK refers to the laws that can be upheld in its courts. The Family Law Act 1996 is a piece of legislation that governs divorce, separation, and subsequent rights and responsibilities of the involved parties. It was passed by the UK Parliament to modernise divorce proceedings, moving away from the fault-based approach of the Matrimonial Causes Act 1973.
The Act's key provisions include:
- Part I outlines the philosophical approach to divorce, emphasising irretrievable breakdown as the sole ground for divorce.
- Part II sets out the procedure for divorce, including innovations such as preliminary Information Sessions and mandatory mediation as a first step. This part also introduces an eleven-month period for reflection and consideration, aiming to reduce hostility and encourage cooperation on issues like childcare and finances.
- Part III focuses on the provision of legal aid for mediation in family law and divorce.
- Part IV addresses matters related to family homes, including Home Rights Notices affecting land, occupation orders, non-molestation orders, and domestic violence orders. It also deals with the award of a statutory licence to occupy a home.
- Part IVA includes provisions related to forced marriage.
The Family Law Act 1996 has been subject to amendments, such as by the Civil Partnership Act 2004, which clarified rights in cases where the home is held jointly by spouses or civil partners. The Act's divorce sections were criticised for potentially encouraging "quickie" divorces, but they also aimed to strike a balance between a purely no-fault approach and the traditional fault-based system.
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Sentencing Council website
Domestic law in the UK refers to the laws that can be upheld in its courts. For example, Scots law is the kind of domestic law enforced in Scotland's courts.
The Sentencing Council for England and Wales is a non-departmental public body that provides guidelines on sentencing for the judiciary. It was established by the Criminal Justice Act 2003 and is composed of judicial and non-judicial members with expertise in the criminal justice system. The council promotes consistency in sentencing while maintaining judicial independence.
The Sentencing Council's website provides information on its role and functions, as well as news and updates on its activities. For instance, in 2025, the council issued new guidance directing courts to consider protected characteristics such as ethnicity and gender when sentencing. This move was criticised by the justice secretary, Shabana Mahmood, who reviewed the council's powers.
Additionally, the council has published guidelines on sentencing for immigrant offenders and youth offenders. The former was criticised by Robert Jenrick MP, while the latter included principles and offence-specific guidelines on sexual offences and robbery.
The website also outlines the statutory duties of the council, including preparing sentencing guidelines under the Coroners and Justice Act 2009 and the Sentencing Act 2020. This involves considering the impact of sentencing practices and policy proposals. The council's website is a useful resource for understanding sentencing guidelines and their implementation in England and Wales.
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Frequently asked questions
Domestic law in the UK refers to laws that can be upheld in its courts. For example, Scots Law is the kind of domestic law enforced in Scotland's courts.
The Domestic Abuse Act 2021 is an act that provides provisions in relation to domestic abuse. It establishes a Domestic Abuse Commissioner and sets out measures to assist individuals in participating in civil proceedings. It also addresses consent in certain violent offences and prohibits cross-examination in family or civil proceedings under specific circumstances.
The Act includes provisions for:
- Domestic Violence Protection Notices (DVPN) and Domestic Violence Protection Orders (DVPO) to protect victims from abuse and prevent abusers from contacting or approaching them.
- Extending the courts' jurisdiction to prosecute violent and sexual offences committed outside the UK.
- Granting secure tenancies to victims of domestic abuse.
- Prohibiting the charging of fees for providing medical evidence of domestic abuse.
- Enabling individuals or third parties to request information from law enforcement about a partner's violent or abusive past.
Prosecutors have a duty to actively assist the court by considering the abuse of trust, the vulnerability of victims, and the nature of the relationship between the victim and offender. They should refer to sentencing guidelines and prosecution guidance for specific offences. The Crown Prosecution Service (CPS) uses terms like "suspect", "defendant", and "offender" to describe individuals at different stages of criminal proceedings.
The Act adopts a broader definition of "relative" than previously, including parents, step-parents, children, step-children, grandparents, grandchildren, siblings, half-siblings, aunts, uncles, nieces, nephews, and first cousins, whether related by blood, marriage, or civil partnership.
