Committee for Home Affairs - P.2023/80
The States are asked to decide: -
Whether, after consideration of the Policy Letter entitled 'Domestic Abuse Legislation' dated 26th June 2023, they are of the opinion: -
1. To agree to the introduction, throughout the Bailiwick of Guernsey, of Domestic Abuse Protection Notices and Domestic Abuse Protection Orders, as set out in section 4 of this Policy Letter.
2. To agree that domestic violence injunctions shall be introduced in Sark, and that a breach of a domestic violence injunction imposed by any of the Bailiwick's courts shall be made a criminal offence, as set out in section 5 of this Policy Letter.
3. To agree that the Royal Court shall be empowered to impose domestic violence injunctions, as set out in paragraphs 5.9 to 5.10 of this Policy Letter.
4. To agree that police custody officers and other appropriate law enforcement officers in the Bailiwick shall be granted the power to impose pre-charge bail conditions, as set out in section 6 of this Policy Letter.
5. To agree that every court in the Bailiwick dealing with a criminal matter shall have the power to impose a restraining order where it assesses that ongoing protective measures are needed, irrespective of the crime alleged, and whether on conviction or acquittal, as set out in section 7 of this Policy Letter and, in respect of matters arising in Alderney, subject to a decision by the States of Alderney to extend Part 2 of The Protection from Harassment (Bailiwick of Guernsey) Law, 2005 to Alderney.
6. To agree to introduce a new Bailiwick-wide offence of "domestic abuse" that captures a wide range of abusive behaviours, as set out in section 8 of this Policy Letter.
7. To agree to repeal existing provisions concerning child cruelty in Guernsey and Alderney, and enact a new Bailiwick-wide offence that fulfils the objectives outlined in section 9 of this Policy Letter.
8. To agree to introduce a new Bailiwick-wide offence of causing or allowing death or serious harm in a household, as set out in section 10 of this Policy Letter.
9. To agree to introduce a new Bailiwick-wide offence of making a threat to disclose a private sexual photograph or film, as set out in section 11 of this Policy Letter.
10. To direct the preparation of such legislation as may be necessary to give effect to the above decisions.
