The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025
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Change 1
4 Amendments relating to domestic abuse protection notices and orders
(1) In Part 1 (services), paragraph 11 (family homes and domestic violence) is amended in accordance with paragraphs (2) and (3). (2) In sub-paragraph (1A)— (a) in the words before paragraph (a), after “relation to” insert “the following applications or proceedings under the Domestic Abuse Act 2021”; (b) in paragraph (a)— (i) omit “for a domestic abuse protection order” and “of the Domestic Abuse Act 2021”; (ii) after “28” insert “(domestic abuse protection orders on application)”; (c) in paragraph (b), for “of that Act” substitute “(domestic abuse protection orders on family or civil court’s own motion)”; (d) after paragraph (b) insert— (ba) proceedings under section 31(3), (5) or (6) (domestic abuse protection orders on criminal court’s own motion) so far as those proceedings relate to a domestic abuse protection order; (bb) proceedings under section 40 (arrest for breach of an order); ; (e) for paragraph (c) substitute— (bc) proceedings under section 44(2)(b) (variation and discharge of orders on court’s own motion) in a case where the court hearing the proceedings could make a domestic abuse protection order under section 31(3), (5) or (6), so far as those proceedings relate to a domestic abuse protection order; (c) proceedings under section 44 (variation and discharge of orders) not within paragraph (bc); (d) proceedings on an appeal under section 46(1) (appeal of decision on application for domestic abuse protection order under section 28); (e) proceedings on an appeal under section 46(3) or (4) (appeal by person subject to an order against its making or variation on criminal court’s own motion); (f) proceedings on an appeal under section 46(5) (other appeals against order varying or discharging a domestic abuse protection order); (g) proceedings for contempt of court in relation to a domestic abuse protection order. . (3) For sub-paragraph (3A) substitute— (3A) Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule. (3B) The following services do not include advocacy of any type— (a) services described in sub-paragraph (1A)(a) in so far as the services are provided— (i) in relation to an application made by a chief officer of police for a domestic abuse protection order, and (ii) for an individual other than the person against whom the order is being sought; (b) services described in sub-paragraph (ba), (bc) or (e). (3C) Any services described in sub-paragraph (1A) that are not within sub-paragraph (3B) are subject to the exclusion in Part 3 of this Schedule. . (4) In Part 3 (advocacy: exclusion and exceptions)— (a) in paragraph 6— (i) after sub-paragraph (e), but before the “and” at the end of it, insert— (ea) proceedings in relation to an application for the variation or discharge of a domestic abuse protection order under section 44(2)(a) of the Domestic Abuse Act 2021, ; (ii) in sub-paragraph (f), for “the Domestic Abuse Act 2021” substitute “that Act”; (b) in paragraph 7, for sub-paragraph (ba) substitute— (ba) paragraph 11(1A)(a) and, in so far as the proceedings relate to an application to vary or discharge a domestic abuse protection order, paragraph 11(1A)(c), and .
4 Amendments relating to domestic abuse protection notices and orders
(1) In Part 1 (services), paragraph 11 (family homes and domestic violence) is amended in accordance with paragraphs (2) and (3). (2) In sub-paragraph (1A)— (a) in the words before paragraph (a), after “relation to” insert “the following applications or proceedings under the Domestic Abuse Act 2021”; (b) in paragraph (a)— (i) omit “for a domestic abuse protection order” and “of the Domestic Abuse Act 2021”; (ii) after “28” insert “(domestic abuse protection orders on application)”; (c) in paragraph (b), for “of that Act” substitute “(domestic abuse protection orders on family or civil court’s own motion)”; (d) after paragraph (b) insert— (ba) proceedings under section 31(3), (5) or (6) (domestic abuse protection orders on criminal court’s own motion) so far as those proceedings relate to a domestic abuse protection order; (bb) proceedings under section 40 (arrest for breach of an order); ; (e) for paragraph (c) substitute— (bc) proceedings under section 44(2)(b) (variation and discharge of orders on court’s own motion) in a case where the court hearing the proceedings could make a domestic abuse protection order under section 31(3), (5) or (6), so far as those proceedings relate to a domestic abuse protection order; (c) proceedings under section 44 (variation and discharge of orders) not within paragraph (bc); (d) proceedings on an appeal under section 46(1) (appeal of decision on application for domestic abuse protection order under section 28); (e) proceedings on an appeal under section 46(3) or (4) (appeal by person subject to an order against its making or variation on criminal court’s own motion); (f) proceedings on an appeal under section 46(5) (other appeals against order varying or discharging a domestic abuse protection order); (g) proceedings for contempt of court in relation to a domestic abuse protection order. . (3) For sub-paragraph (3A) substitute— (3A) Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule. (3B) The following services do not include advocacy of any type— (a) services described in sub-paragraph (1A)(a) in so far as the services are provided— (i) in relation to an application made by a chief officer of police for a domestic abuse protection order, and (ii) for an individual other than the person against whom the order is being sought; (b) services described in sub-paragraph (ba), (bc) or (e). (3C) Any services described in sub-paragraph (1A) that are not within sub-paragraph (3B) are subject to the exclusion in Part 3 of this Schedule. . (4) In Part 3 (advocacy: exclusion and exceptions)— (a) in paragraph 6— (i) after sub-paragraph (e), but before the “and” at the end of it, insert— (ea) proceedings in relation to an application for the variation or discharge of a domestic abuse protection order under section 44(2)(a) of the Domestic Abuse Act 2021, ; (ii) in sub-paragraph (f), for “the Domestic Abuse Act 2021” substitute “that Act”; (b) in paragraph 7, for sub-paragraph (ba) substitute— (ba) paragraph 11(1A)(a) and, in so far as the proceedings relate to an application to vary or discharge a domestic abuse protection order, paragraph 11(1A)(c), and .
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