Overview

The Courts (Abuse of Process) Bill aims to prevent the misuse of civil and family courts by perpetrators of domestic violence and other specified offences against victims. It introduces measures to improve inter-court cooperation, strengthen existing court orders, and provide enhanced protection for victims.

Description

This bill defines "abuse of process" as using civil or family courts to harm victims of certain offences, including harassment, stalking, and domestic violence. Key aspects include:

• Improved Inter-Court Cooperation: A review will assess communication between criminal, civil, and family courts to prevent abuse of process in cases involving the same victim across multiple court systems.
• Information Disclosure: Applicants must disclose relevant criminal convictions, restraining orders, and prior applications within ten days of submitting a case. Failure to do so could be considered contempt of court. Respondents and victims also have the right to inform the court of relevant information.
• Special Measures for Respondents: If an applicant has convictions related to the respondent, the respondent can access special measures (like video-recorded statements) to protect them during court proceedings. The applicant cannot examine the respondent in court under these circumstances.
• Police Involvement: Police officers can become parties to relevant civil or family court proceedings if they believe the criminal proceedings are relevant.
• Training and Guidance: The Secretary of State will ensure training on abuse of process for criminal justice professionals and publish guidance on the application of the bill.
• Strengthened Court Orders: The bill strengthens non-molestation and restraining orders, introducing stricter penalties for repeat offenders (presumption of custody for second offense) and additional restrictions (limiting internet-capable devices, preventing research on victim, preventing new court applications without leave). It also creates a new offence for breaching certain child arrangement orders.

Government Spending

The bill does not explicitly state the associated government spending. Costs are expected to relate to the review of inter-court cooperation, training of criminal justice professionals, and potentially increased court caseloads due to changes in penalties and increased reporting.

Groups Affected

• Victims of domestic abuse and other specified offences: Potentially benefit from increased protection and prevention of further abuse through court processes.
• Perpetrators of domestic abuse and other specified offences: Face stricter penalties for repeated offences and limitations on their actions, potentially including restrictions on accessing the internet.
• Civil and family court judges and staff: Will have new duties and responsibilities in relation to disclosure of information and determining cases involving potential abuse of process.
• Police officers: Will have a greater role in civil and family court proceedings in relevant cases.
• Criminal justice professionals: Will receive training on recognizing and preventing abuse of process.

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