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The biggest overhaul of domestic violence law in 30 years, heralding tough powers for the police and the courts to protect victims and prosecute abusers, has been proposed.

Title: Putting Victims First: Publication of the Domestic Violence, Crime and Victims Bill 
Date published: 02 December 2003

The plans in the Domestic Violence, Crime and Victims Bill, will strengthen the rights of victims and witnesses, ensuring they receive the help, support and protection they need. They build on the Government's ongoing reform of the criminal justice system, rebalancing the process in favour of victims and witnesses.

The Bill contains 2 new measures to close legal loopholes that allow escape of punishment through:

• parents, co-accused of their child's murder, being unable to be prosecuted by remaining silent, or by blaming each other.

• criminals, who commit many crimes that cannot be dealt with in one trial, will receive full punishment - a particular problem for theft, fraud, child pornography etc.

Domestic violence is an abhorrent crime, which costs the lives of 2 women every week, and accounts for almost a quarter of all violent crime. The measures announced will build on those in the Criminal Justice Act. They will put victims and witnesses at the very heart of the system - helping to give them the confidence to come forward and report crimes.

Measures in the Bill include:

• New police powers to deal with domestic violence including making a breach of a non-molestation order a criminal offence, with a 5 year prison penalty.

• Making common assault an arrestable offence.

• Stronger legal protection for victims by extending the use of restraining orders - giving courts power to impose a restraining order where the defendant has been acquitted but the court believes an order is necessary to protect the victim.

• Providing a code of practice, binding on all criminal justice agencies, so that all victims receive the support, protection, information and advice they need.

• Allowing victims to take their case to the Parliamentary Ombudsman if they feel the Code has not been adhered to by the criminal justice agencies.

• Setting up an independent commissioner for victims to give victims a powerful voice at the heart of Government and to safeguard and promote the interests of victims and witnesses, encouraging the spread of good practice and reviewing the statutory code.

• Amending the Harassment Act 1997 to ensure that victims have their say if an application is made to change a restraining order that is protecting them from abuse or harassment.

• Strengthening the civil law on Domestic Violence so that cohabiting same-sex couples have the same protection as heterosexual couples, and extending the availability of non-molestation orders to couples who have never lived together or have never been married.

• Creating a new offence of familial homicide for causing or allowing the death of child or vulnerable adult.

• Bringing in the Law Commission recommendation for a two stage court trial to ensure that high volume crimes like fraud and internet child pornography can be punished in full.

• Reform to defences to homicide - including provocation.

The Domestic Violence, Crime and Victims Bill is available at http://www.parliament.uk/