Part 2Amendment to Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012

Amendments relating to domestic abuse protection notices and orders

article 4 + 4.—(1) In Part 1 (services), paragraph 11 (family homes and domestic violence) is amended in accordance with paragraphs (2) and (3).

(2) In sub-paragraph (1A)—

article 4 2 a + (a)in the words before paragraph (a), after “relation to” insert “the following applications or proceedings under the Domestic Abuse Act 2021”;

article 4 2 b + (b)in paragraph (a)—

article 4 2 b i + (i)omit “for a domestic abuse protection order” and “of the Domestic Abuse Act 2021”;

article 4 2 b ii + (ii)after “28” insert “(domestic abuse protection orders on application)”;

article 4 2 c + (c)in paragraph (b), for “of that Act” substitute “(domestic abuse protection orders on family or civil court’s own motion)”;

article 4 2 d + (d)after paragraph (b) insert—

“(ba)proceedings under section 31(3), (5) or (6) (domestic abuse protection orders on criminal court’s own motion) so far as those proceedings relate to a domestic abuse protection order;

(bb)proceedings under section 40 (arrest for breach of an order);”;

article 4 2 e + (e)for paragraph (c) substitute—

“(bc)proceedings under section 44(2)(b) (variation and discharge of orders on court’s own motion) in a case where the court hearing the proceedings could make a domestic abuse protection order under section 31(3), (5) or (6), so far as those proceedings relate to a domestic abuse protection order;

(c)proceedings under section 44 (variation and discharge of orders) not within paragraph (bc);

(d)proceedings on an appeal under section 46(1) (appeal of decision on application for domestic abuse protection order under section 28);

(e)proceedings on an appeal under section 46(3) or (4) (appeal by person subject to an order against its making or variation on criminal court’s own motion);

(f)proceedings on an appeal under section 46(5) (other appeals against order varying or discharging a domestic abuse protection order);

(g)proceedings for contempt of court in relation to a domestic abuse protection order.”.

(3) For sub-paragraph (3A) substitute—

“(3A) Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule.

(3B) The following services do not include advocacy of any type—

(a)services described in sub-paragraph (1A)(a) in so far as the services are provided—

(i)in relation to an application made by a chief officer of police for a domestic abuse protection order, and

(ii)for an individual other than the person against whom the order is being sought;

(b)services described in sub-paragraph (ba), (bc) or (e).

(3C) Any services described in sub-paragraph (1A) that are not within sub-paragraph (3B) are subject to the exclusion in Part 3 of this Schedule.”.

(4) In Part 3 (advocacy: exclusion and exceptions)—

article 4 4 a + (a)in paragraph 6—

article 4 4 a i + (i)after sub-paragraph (e), but before the “and” at the end of it, insert—

“(ea)proceedings in relation to an application for the variation or discharge of a domestic abuse protection order under section 44(2)(a) of the Domestic Abuse Act 2021,”;

article 4 4 a ii + (ii)in sub-paragraph (f), for “the Domestic Abuse Act 2021” substitute “that Act”;

article 4 4 b + (b)in paragraph 7, for sub-paragraph (ba) substitute—

“(ba)paragraph 11(1A)(a) and, in so far as the proceedings relate to an application to vary or discharge a domestic abuse protection order, paragraph 11(1A)(c), and”.