Consultation Response: Domestic Abuse Offence

The Department of Justice launched a consultation in February 2016 on the creation of a domestic abuse offence and domestic violence disclosure scheme. It focuses on two elements:

• The creation of a specific offence to capture patterns of coercive and controlling behaviour in intimate relationships in line with the new definition of domestic abuse contained in the ‘Stopping Domestic and Sexual Violence and Abuse in Northern Ireland’ Strategy published in March 2016; and
• whether current arrangements can be enhanced by the establishment of a Domestic Violence Disclosure Scheme in Northern Ireland disclosing information about an individual’s history of domestic violence to a new partner who is in an intimate relationship with them.

The Bar’s response to the consultation focuses only on the first point, highlighting that the drafting of a criminal offence for dealing with psychological abuse will not be without difficulty. A range of practical issues for the justice system in NI will require further consideration before the implementation of any change to law in this area. View the Bar’s full submission to the consultation.