Clause 10 - restraining orders: England and Wales
Domestic Violence, Crime and Victims Bill [Lords]
9:30 am
Mr David Heath (Shadow Minister (Home Affairs), Home Affairs; Somerton and Frome, Liberal Democrat)
The Minister has said two things that disturb me. First, he suggested that all we are talking about is a right to be heard in a vague way. In fact, we are arguing that there is a need to adduce more evidence to secure a restraining order in the same way as an injunction is secured in a civil court. Secondly, he said that a delay in the making of the restraining order would leave a victim unprotected. That is not the case. When criminal proceedings are in train, any restraining orders can be made under bail conditions and will remain in place until the conclusion of the case. It is nonsense to suggest that there is no capacity to apply a restraining order until the conclusion of the criminal case.