New domestic abuse law comes into force

Wednesday 21 June 2023

Controlling and coercive behaviour is now considered a criminal offence under Jersey’s Domestic Abuse Law, which came into force today – more than a year after it was first backed by the States Assembly.

After the law was rubber-stamped by politicians last week, judges now also have the power to impose Domestic Abuse Protection Orders (DAPOs), which can restrict an offender’s activities to protect another person.

The new legislation classes domestic abuse as a specific offence where both parties are personally connected, they are aged 16 or over and on more than one occasion one person is abusive to another.

It is punishable by up to five years' imprisonment and an unlimited fine.

Courts can also treat the involvement of a child as an aggravating factor in sentencing.

This marks the first time controlling and coercive behavior is defined as domestic abuse in the Island, catering for a situation whereby someone is made dependent or subordinate to another, or is isolated, controlled or regulated or restricted.

The new legislation also includes acts committed outside of Jersey if the offender is usually resident in Jersey.

Home Affairs Minister Helen Miles previously said the legislation – which first received backing from States members in April 2022 – is a "critical step forward in addressing domestic abuse in Jersey."

Pictured: Deputy Helen Miles said bringing the law into force was a key priority of her Ministerial Plan.

Lisa Leventhal, chief executive of Jersey Women's Refuge, expressed concern that guidance had not been issued to the Law Officers' department to ensure the legislation was effectively implemented, particularly surrounding the evidential threshold.

However, she noted that it would be a "great comfort" to women who are in controlling or abusive relationships to know that "that behaviour is criminal".

The Violence Against Women and Girls Taskforce, established in October 2022, is due to present its findings later this year, which are expected to identify additional legislative reforms and required methods of protection.

In 2021, there were 1,151 recorded domestic abuse incidents in the Island and 431 crimes associated with domestic abuse.

It accounts for 15% of all recorded crime in Jersey.

SUPPORT...

Anyone seeking support can call JWR's helpline on 0800 735 6836 or email hello@jerseywomensrefuge.org.