Clause 1 - Breach of non-molestation order to be a criminal offence
Domestic Violence, Crime and Victims Bill [Lords]
2:30 pm
Mr Paul Goggins (Parliamentary Under-Secretary, Home Office; Wythenshawe and Sale East, Labour)
That is why the civil route must remain open. The hon. Gentleman has hinted several times that there might be a rebalancing between civil and criminal in the system. That is entirely in keeping with the spirit of this legislation, which is to empower and protect the victim on the one hand while also sending out a very clear message that Parliament—and the country—regards with increasing seriousness crimes associated with domestic violence and intends the penalties to be heavy and the protection to be stronger. There may be some rebalancing, and that would be entirely right.
My hon. and learned Friend the Member for Redcar asked whether another method of enforcement—route A in her summary of the three options—would remain open, where the county court attaches a power of arrest to all or part of a non-molestation order, which means that the police can arrest for breach without a warrant and bring the perpetrator back to the county court to be dealt with by the judge. As breach of an order will always be an arrestable offence, under clause 1, the Bill removes that method of enforcement. If it were retained, it would put the police in a difficult
position because they would be unsure whether the perpetrator should be taken to the county court after arrest or charged and brought to the magistrates court. Option A, rather than option C, is the one that goes. I hope that helps to clarify the position.
Question put and agreed to.
Clause 1 ordered to stand part of the Bill.