Clause 10 - restraining orders: England and Wales
Domestic Violence, Crime and Victims Bill [Lords]
10:30 am
Mr Christopher Leslie (Parliamentary Under-Secretary, Department for Constitutional Affairs; Shipley, Labour)
I am sure that their lordships, as ever, know what is coming. It is important that we do not rehearse ad nauseam the purposes behind clause 10. We should simply underline the fact that this is a major step forward, designed not only for domestic violence cases, but for preventing harm to the victim. Although restraining orders are preventive rather than punitive, I believe that it is important to extend their availability beyond the two offences in the 1997 Act.
My hon. and learned Friend raised important questions. It is right that we should try our best to make sure that the presumption is for the victim's immediate safety in such situations. As I said, I am not the expert that she is on the legal procedures. A parallel consideration of the rules of court is going on, to establish what changes might be necessary to make the arrangements come into place. However, the hon. and learned Lady says herself that the provision for injunctions under section 3 of the Protection from Harassment Act 1997 means that a court can provide that protection at the outset.
My hon. and learned Friend's point about the right of appeal against restraining orders is important. The arrangements that she suggests are indeed those envisaged. I am sure that the courts would be able to cope and adjust flexibly to the changes in policy that we envisage.
My hon. and learned Friend asked whether restraining orders could prohibit any particular activity. They have a wide prohibitive scope. However, they could not be used to order a defendant to do something, although the court could use them to, say, prevent someone from entering a family home if it were necessary to protect a person from harassment. One of the beauties of the restraining order is that it has that flexibility and scope.
Under this clause, we have had a useful run though many of the facets of restraining orders and the ability to extend them. By and large, I sense that Committee members see the benefits, especially for the victims of crime, that will flow from allowing the courts extra scope to act when they hear specific evidence on any offence, not least in circumstances in which the defendant may be acquitted. It is right that we shift the balance in favour of the victim, but, of course, we have the relevant protections in place in law.
Question put and agreed to.
Clause 10 ordered to stand part of the Bill.