Tough new laws designed to combat domestic abuse have been drawn up - including maximum prison sentences of 14 years.
The Domestic Abuse Bill will go before the House of Keys today (Tuesday) for its formal introduction.
It plans to define domestic abuse specifically in Manx law for the first time - bringing with it a sentence of up to 14 years - and would give police powers to issue emergency protection notices to keep alleged perpetrators away from someone at risk.
In addition, the bill contains enabling provisions that would allow the government, at a later date, to draw up regulations that would grant men and women in the island the right to information telling them if their partner has a violent past - known as Clare’s Law.
The legislation has been drawn up by the Department of Home Affairs.
It says: ’Domestic abuse is an invidious abuse of trust where persons living in an intimate and/or family relationship find they are not safe from those close to them.
’These are the very people with whom they should be entitled to expect respect, security and trust, and to be loved and cherished.’
The department adds: ’No one should have to experience the pain that this shameful and criminal behaviour inflicts, particularly at the hands of those closest to them.
’Furthermore, children should not have to witness or indeed to suffer the effects of such abusive behaviour in any of its forms.’
The bill defines domestic abuse and creates offences of domestic abuse and controlling or coercive behaviour in intimate and family relationships. It also sets out the punishments.
Prevention
Preventive measures are also outlined. The police will be able issue domestic abuse prevention notices, which could involve ordering someone to stay away from another person or location. Anyone breaching such a notice could go to jail for 12 months.
The police would have 14 days from issuing the notice to seek a domestic abuse protection order from the court.
Court orders could include demanding the subject be electronically tagged. The maximum penalty for breaching a court order would be seven years.
In terms of the specific offence of domestic abuse, this would apply where it involved people who were ’personally connected’ and the perpetrator intends the victim to ’suffer physical or psychological harm’ or was reckless to causing such harm.
It would have a maximum penalty of 14 years, or 12 months in a summary court.
The bill also creates an offence of ’controlling or coercive behaviour’ on a continuous behaviour which causes the victim ’to fear, on at least two occasions, that violence will be used against [them] or) it causes [them] alarm or distress which has a substantial adverse effect â?¦’ on their day to day activities.
This too would have a maximum 14-year sentence.
The bill is due a first reading in the House of Keys today, which is a purely formal process. Its principles will be debated when it reaches the second reading stage.
â?¢ See page 13 for Paul Speller’s political preview.
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