Overview

The Courts (Abuse of Process) Bill aims to prevent the misuse of civil and family court proceedings by perpetrators of specified offences against victims. It introduces measures to improve inter-court cooperation, enhance victim protection, and create new offences for breaching certain court orders.

Description

This bill defines abuse of process as when a perpetrator uses civil or family courts against a victim of specified offences (harassment, stalking, domestic violence, or other offences specified by the Secretary of State) in a way that causes harm or distress.

Key Provisions:

• Improved Inter-court Cooperation: The Attorney General will review cooperation between criminal, civil, and family courts to prevent abuse of process involving the same victim across different courts. A report with recommendations will be presented to Parliament within 12 months.
• Information Disclosure: Parties must disclose relevant information, including past convictions and orders, to assist the court in determining abuse of process. Failure to comply may be considered contempt of court.
• Respondent's Rights: Respondents have the right to apply for special measures (like live video links) if the applicant has convictions related to them. They cannot be examined by the applicant in court under these circumstances.
• Police Involvement: Police officers can apply to be parties to civil or family proceedings if relevant criminal proceedings are involved.
• Training and Guidance: The Secretary of State will provide training on recognizing and preventing abuse of process and publish guidance for criminal justice professionals.
• Strengthened Offences: The bill increases penalties for breaching non-molestation and restraining orders, introducing a presumption of custody for repeat offences. It also creates a new offence for breaching child arrangement orders, with potential compensation for victims.
• Restraining Orders: Amendments to restraining orders allow courts to specify prohibitions on indirect contact via social media and limit the number of internet-capable devices owned by the defendant. They can also prohibit research on the victim and applications to civil or family courts without leave.

Government Spending

The bill doesn't specify exact figures for government spending. However, costs will arise from implementing the review of court cooperation, providing training for criminal justice professionals, and potentially supporting additional court resources.

Groups Affected

• Victims of domestic abuse, harassment, and stalking: The bill aims to protect them from further abuse through the court system.
• Perpetrators of specified offences: They face increased scrutiny and potential penalties for abusing the court process.
• Judges, magistrates, and court staff: They will require training on the new provisions of the bill.
• Police officers: They will have a greater role in civil and family court proceedings in relevant cases.
• Legal professionals: Their practices will need to adapt to comply with the new disclosure and procedural requirements.

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