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Draft Domestic Abuse (Jersey) Law 202- (P.69/2022): Amendment

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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A decision made on 11 April 2022

Decision Reference:  MD-HA-2022-250

Public

Subject: Lodging of Amendment to P.69/2022 Draft Domestic Abuse (Jersey) Law 202-

 

Report Title: Draft Domestic Abuse (Jersey) Law 202- (P.69/2022): amendment

Public

Decision(s):

The Minister approved amendments to the draft Domestic Abuse (Jersey) Law 2022 and requested that they be lodged 'au Greffe'.

Reason for Decision(s):

The draft Domestic Abuse (Jersey) Law 2022 was lodged on the 10th March 2022 and scheduled for debate on 25th April 2022. This amendment would refine Articles 9(1)(b) and 14(1)(b), which give the circumstances in which a person may apply to revoke or vary a domestic abuse protection order (DAPO) or a court notification requirement. Currently the draft law required that any person applying for a DAPO or court notification order to be revoked or varied could only do so if their circumstances have changed significantly and the order was no longer necessary or proportionate. Further consultation and judicial review had suggested that it could be too difficult for a court to objectively determine when those circumstances had changed to a sufficient degree. Therefore, this amendment would simplify the test to be applied by the court in varying or revoking a DAPO or court notification. The threshold for application for review or revocation for either a DAPO or court notification would now be that the person’s circumstances had changed since the time the order was issued, and the order was therefore no longer proportionate or necessary.

Resource Implications: There may be some additional requirements of the States of Jersey Police in managing the notification requirements for perpetrators of domestic abuse, but those will be managed within the resources of the Force.

 

Action Required: The Greffier of the States is requested to lodge the project ‘au Greffe’ for debate by the Assembly on 26 April 2022.

Signature:

 

 

Signed By: Minister for Home Affairs

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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