The Justice and Home Affairs Department yesterday launched a consultation on Jersey’s proposed new Domestic Abuse Law, which would create a statutory definition of domestic abuse and acknowledge controlling and coercive behaviour as an offence.
The legislation also supports the implementation of a domestic-abuse register, with the aim of preventing ‘serious and repeat offenders’. Anyone on the register could be required to inform the police if they move home, leave the Island or start a relationship.
It would also create domestic-abuse protection notices and orders – which have been available since 2010 in England and Wales.
Under the terms of the orders, senior police officers can issue a notice before a charge has been made to anyone over 18 ‘where it is necessary’ to protect a person over the age of 16 from domestic abuse, including preventing someone from coming near or entering their home, or requiring them to leave if they live together.
The senior officer has to provide justification for their decision, and ensure it is both proportionate and necessary. While breaching these notices is not a crime with a formal sanction, an officer can arrest someone they reasonably believe has breached this order.
Nathan Fox, head of justice policy, said a notice – valid for up to 48 hours – could be issued by the police with the authority of a superintendent and could be taken further by a court order.
He said: ‘The court process is going to test it quite significantly and safeguard against unreasonable restriction of liberty.’
When asked how a register would differ from Clare’s Law – which gives members of the public the right to make inquiries about an individual with whom they are in a relationship – he said: ‘The fundamental difference is that the Clare’s Law “ask and tell” requirements fall on the victim to ask or the police to make a disclosure. They are not a notification requirement on the individual [offender].
‘The Sex Offenders Register says – depending on how closely they are being monitored – that if you move house, you need to tell us. If you leave the Island, you have to tell us. If you start a relationship with someone, you will have to tell us. If you bring that into a domestic-abuse setting, then you will have a very accurate record of where domestic abusers are.’
He added: ‘Critically, the onus is then not on the victim to ask. They can simply be told by the police or find out themselves.’
Home Affairs Minister Gregory Guida said: ‘The proposed domestic-abuse law is a first for Jersey and will be instrumental in providing stronger protection for victims.
‘Delivering this law prior to the end of my term is one of my highest priorities. I would like to encourage as many Islanders as possible, especially victims of abuse, to engage in the consultation. It is recognised that a cross-agency approach is needed and tackling abuse is not just about enforcement but also education and prevention.’
Carly Lucas, service manager at Jersey Domestic Abuse Support, said: ‘I think the register will certainly place the onus on repeat perpetrators, either to address their behaviour [or make sure it doesn’t happen again] which I think is really positive.’
She added: ‘I think the orders and the notices are crucial. It’s really important in terms of calming things down but it also allows the victim head space.’
A consultation on the proposed law is open until 22 November and can be accessed through gov.je. A domestic-abuse campaign focused on coercive control will launch on Monday.
