Crime and Security Bill

The hon. Gentleman makes his point well about the insidious impact that domestic violence has on those who suffer from it. It can occur among those from all sorts of livelihoods and backgrounds, and I would not wish to give the impression that it is located only among certain groups or people from certain backgrounds. It is not, and the measures that we are discussing—domestic violence protection notices and domestic violence protection orders—are important in recognising that the problem touches people from all sorts of backgrounds. It is worth talking about the impact that domestic violence has on children and the fact that is not ring-fenced simply to partners or spouses. Its impact on children should be considered carefully, and the concept of having more formal recognition of the problem is one that we would consider carefully. We need to consider the best policy direction to take on this important issue. More generally on the issue of DVPNs and their interrelationship with DVPOs, in Committee we raised a number of points about their potential impact and the time that might be taken between the receipt of a notice and the case going to court. The Bill is structured in a way that anticipates that if someone is in receipt of a DVPN, they will go to court within 48 hours. On Second Reading, questions were raised as to the reality of whether a substantive hearing could take place within that time, and the likelihood, given the complexity that may be involved and the need to take evidence, that the period needed might be considerably longer. In Committee, the Minister emphasised that the process would take place quickly and that there would be a sense of urgency. However, as the Bill is currently framed, it appears that the period between a notice being issued and the substantive court hearing could be longer than the period of the order itself, which is stated as being between 14 and 28 days. The orders are intended to buy some breathing space to allow a potential victim of domestic violence to consider other options. We understand clearly the concept of such "go" orders and how they have been utilised to positive effect in other jurisdictions, but we believe that some sort of backstop is needed to maintain the focus on the need for urgency and for a substantive hearing to take place within a reasonable period. Unless that takes place, it seems that the process could be open-ended. That is why, in our amendments, we say that a DVPN should last for a period of up to seven days. That would ensure that there was a substantive hearing and that an order was either granted or dismissed because the relevant evidence had not been given. As the Minister has made clear, there will be an automatic requirement that once a notice is issued, the case will have to proceed to a substantive court hearing to determine how it should be disposed of. I know that other Members may wish to take up that point in relation to other amendments. We believe that there is some merit in considering a backstop of seven days on the issuing of a notice, given the restrictions that are likely to apply, such as telling someone that they can no longer reside at a particular place that may be their home. We need to strike a fair balance between the relative interests and ensure that there is a focus on getting to court, disposing of the matter quickly and, if a substantive order is required, ensuring that it is granted. That is better than simply relying on having a notice for an extended period. We need to allow the matter to be determined by the court, rather than effectively being determined by the police officer who issues a notice in the first place.