Home > NEWS > CJI News Archive > 2023 > July - Sept > Terms of Reference published for new Domestic Abuse Review Terms of Reference published for new Domestic Abuse Review 12/09/2023 CJI has released the terms of reference for a new Review looking at the effectiveness of the implementation of Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (the Act). The publication coincides with the start of fieldwork to inform the Review which CJI was requested to undertake by the Department of Justice (DoJ) to fulfil the independent oversight requirements of Part 1 detailed in Section 33 of the Act. “This work is being undertaken in addition to our usual Inspection Programme and under the requirements of Section 33(2) of the Act, this Review report must be completed within two years of the Act coming into operation and annually thereafter,” explained CJI Chief Inspector Jacqui Durkin. “This first Review will focus on strategy and governance, delivery and outcomes with CJI Inspectors working in partnership with Inspectors from His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) and His Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) during the planning and fieldwork for this Review,” said Ms Durkin. “CJI Lead Inspector, Rachel Lindsay, has previously undertaken CJI’s 2018 Without Witness and 2019 No Excuse inspections and their Follow-Up Review reports published in 2021. The focus of this first Review will be the approach of the criminal justice organisations in implementing Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 and in dealing with cases where there is a suspected incident of domestic abuse or where the offences are aggravated by domestic abuse,” she said. Further details can be found below in the Terms of Reference. A Review of the effectiveness of Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 Criminal Justice Inspection Northern Ireland (CJI) has been appointed by the Department of Justice (DoJ/the Department) to undertake independent oversight of Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (‘the Act’) as provided for in Section 33 of the Act. This review will focus on the three main elements of the CJI inspection framework as they apply to the effectiveness of the Act; these are strategy and governance, delivery and outcomes. The main organisations to be reviewed will be the Police Service of Northern Ireland (the Police Service), the Public Prosecution Service for Northern Ireland (PPS), the Northern Ireland Courts and Tribunals Service (NICTS) and the Probation Board for Northern Ireland (PBNI). The role of the DoJ will be considered where Departmental strategy and policy is relevant to this area as well as its role in developing the draft legislation. This review will complement previous thematic inspections that CJI has conducted in considering the approach to domestic and sexual violence and abuse through the criminal justice system. In 2018 and 2019 respectively CJI published inspections of the handling of cases of sexual violence and abuse (‘Without Witness) and domestic violence and abuse (‘No Excuse’), follow-up reviews were published in 2021. Where possible this review will avoid duplicating previous work. CJI will work in partnership with Inspectors from His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) and His Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) during the planning and fieldwork for this review. Context The Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 received Royal Assent in February 2022 (the Act).[1] The domestic offence covers behaviour that is controlling or coercive or that amounts to psychological, emotional or financial abuse of another person. The Act also provided the potential for increased sentencing in other offences up to the maximum available, where there was a single incident rather than a pattern of abuse behaviour. In Part 1 of the Act, Chapter 1 details the domestic abuse offence, Chapter 2 details the aggravation as to domestic abuse and Chapter 3 contains miscellaneous provisions (including civil legal aid for domestic abuse victims). Section 33 outlined the independent oversight of Part 1 of the Act. Section 33(1) required the DoJ to appoint a person (a) to (i) report to the Department on the person's assessment of the effectiveness of this Part, and (ii) make recommendations to the Department in relation to the operation of this Part, and (b) to advise, and make recommendations to the Department on the content and review of guidance under Section 30. Section 33(2) noted that this report must be completed within two years of the Act coming into operation and annually thereafter. In September 2021 the then Minister of Justice asked the Chief Inspector of Criminal Justice in Northern Ireland to undertake the independent oversight role provided for in Section 33 of the Act. CJI were requested to provide a report to the DoJ by 21 February 2024 on the effectiveness of Part 1 of the Act and make recommendations in relation to its operation. This would include the provisions in Part 1 relating to civil legal aid, which are usually outside the remit of CJI. The Minister requested that CJI report on this matter as part of the requirement to report on Part 1 of the Act more generally. CJI was also requested to advise, and make recommendations to, the DoJ on the content and review of the statutory guidance produced in line with Section 30 of the Act.[2] In other parts of the United Kingdom (UK) legislation has been introduced in the last decade on patterns of coercive and controlling behaviour. In Scotland, The Domestic Abuse (Scotland) Act 2018 created an offence of engaging in an abusive course of conduct against a current partner or an ex-partner, as well as an ‘associated statutory aggravation’, where children are involved or affected, by an offence.[3] In England and Wales Section 76 of the Serious Crime Act 2015 legislated for the offence of controlling or coercive behaviour in an intimate or family relationship.[4] The Domestic Abuse Act 2021 extended coercive and controlling behaviour to post-separation abuse.[5] Inspectorates across the UK have also reviewed the response of the criminal justice agencies to this offending. HMICFRS published an update report on the police response to domestic abuse in 2019[6] and a review of policing domestic abuse during the pandemic in June 2021.[7] Both these reports considered the approach of police to coercive and controlling behaviour. A joint inspection by HMICFRS and HMCPSI in 2017, ‘Living in Fear, looked at the police and Crown Prosecution Service response to stalking and harassment included consideration of the approach to coercive and controlling behaviour.[8] HMCPSI published an inspection report The Service from the CPS to Victims of Domestic Abuse in March 2023.[9] Aims of the Inspection This review aims to undertake an assessment of the effectiveness of Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (the Act). It will therefore follow the timeline of the 'victim journey' through the criminal justice system from the reporting of a potential domestic abuse offence to the conclusion of court proceedings. The review will not seek to examine the manner in which the criminal justice system deals with offenders in prison or on their release into the community. The focus of this review will be the approach of the criminal justice organisations in implementing the Act and in dealing with cases where there is a suspected incident of domestic abuse or where the offences are aggravated by domestic abuse. Inspectors will review how the domestic abuse offence or an offence aggravated by domestic abuse was investigated and prosecuted, not the overall systemic approach to domestic abuse. CJI will concentrate on the effectiveness of Part 1 of the Act and endeavour to avoid repeating previous work undertaken for the 2019 ‘No Excuse’ inspection on the handling of cases of domestic violence and abuse. The broad aims of the review are to: Examine the effectiveness of organisational strategies with regard to the offence of domestic abuse and its aggravating features, including the approach to prevention and enforcement; Examine the response to the domestic abuse offence and offences aggravated by domestic abuse - how operational delivery is structured to meet the needs and expectations of stakeholders and victims and to determine effectiveness and potential areas for improvement. This will specifically include, as requested by the previous Minister for Justice: An assessment of the effectiveness of Part 1 of the Act (including provisions in Part 1 relating to civil legal aid), including the use of the domestic abuse aggravator sentencing provisions To make recommendations in relation to the operation of Part 1 of the Act; and To advise, and make recommendations to, the Department on the content and review of guidance under Section 30; Examine and assess the outcomes of strategies and delivery mechanisms for the domestic abuse offence against targets and expectations; Examine management information and the performance of the justice agencies in addressing offences of domestic abuse; and Examine how the above aspects of the approach to the domestic abuse offence are benchmarked against good practice. Methodology The review will be based on the CJI Inspection Framework for each inspection that it conducts. The three main elements of the inspection framework are: Strategy and governance Delivery, and Outcomes. Constants in each of the three framework elements and throughout each inspection are equality and fairness, together with standards and best practice. The CJI inspection methodology can be found at www.cjini.org. Design and Planning Preliminary research Data and initial information has been reviewed in order to inform the scope of this review. Benchmarking, research and data collection Collection of benchmarking information and data, where available, from other jurisdictions and sectors in Northern Ireland and a review of inspection and research reports will be undertaken. Data, which is being collated and provided to the DoJ in accordance with Section 34 of the Act (for the purposes of the DoJ producing a report on its operation), will be requested and reviewed. Contact with agencies Terms of reference will be prepared and shared with the DoJ, the Police Service, the PPS, the Lady Chief Justice’s Office, NICTS and the PBNI prior to the initiation of the review. Liaison officers from the organisations should be nominated for the purposes of this review. Policies and procedures, management information, minutes of meetings and related documentation from the reviewed organisations will be requested and reviewed. Delivery Stakeholder consultation The following stakeholder organisations will be consulted: ASSIST NI Domestic Abuse and Sexual Violence Advocacy Service; Bar Council Criminal Law Committee; Belfast Solicitors’ Association; Cithrâh Foundation; Disability Action; District Judges (Magistrates’ Court); Hourglass; Law Society Criminal Law Committee; Nexus (including the Domestic and Sexual Abuse Helpline); Northern Ireland Policing Board; Men’s Action Network; Men’s Advisory Project; NSPCC; Rainbow Project; Women’s Aid Federation and representatives from local groups; Victim Support NI; and Victims of Crime Commissioner Designate. CJI will seek assistance from stakeholder organisations who work with victims to seek the views of people who have been victims of domestic abuse offences. Development of fieldwork plan CJI will liaise with the inspection liaison points of contact in each organisation to arrange a series of meetings and focus groups with relevant individuals within the DoJ, Police Service, PPS, NICTS and PBNI. Case file reviews of police and prosecution files will be undertaken during the fieldwork with support from HMICFRS and HMCPSI respectively. A case file review methodology will be developed and shared with the Police Service and PPS. Initial feedback to agency On conclusion of the fieldwork the evidence will be collated, triangulated and analysed and emerging recommendations will be developed. CJI will then present the findings to appropriate organisations. Drafting of report Following completion of the fieldwork and analysis of data, a draft report will be shared with the reviewed bodies for factual accuracy check. The Chief Inspector will invite the reviewed bodies to complete an action plan within six weeks to address the recommendations and if the plan has been agreed and is available it will be published as part of the final review report. The report will be shared, under embargo, in advance of the publication date with the reviewed bodies. Publication and Closure A report will be sent to the Minister of Justice, or in their absence the DoJ Permanent Secretary, for permission to publish. When permission is received the report will be finalised for publication. A press release will be drafted and shared with the reviewed agencies prior to publication and release. A publication date will be agreed and the report will be issued. Indicative Timetable Scoping/Research: March-June 2023. Stakeholder consultation: August-September 2023. Agency fieldwork: October-November 2023. Draft Report to agencies: January 2024. Factual accuracy feedback received: February 2024. The above timetable may be impacted by factors outside CJI’s control. The reviewed organisations will be kept advised of any significant changes to the indicative timetable. [1] See https://www.legislation.gov.uk/nia/2021/2/contents. [2] DoJ, Abusive Behaviour in an intimate or family relationship – Domestic Abuse Offence - Statutory Guidance, March 2022 available at https://www.justice-ni.gov.uk/publications/abusive-behaviour-intimate-or-family-relationship-domestic-abuse-offence-statutory-guidance. [3] See https://www.legislation.gov.uk/asp/2018/5/contents/enacted. [4] See https://www.legislation.gov.uk/ukpga/2015/9/section/76/enacted, [5] See https://www.legislation.gov.uk/ukpga/2021/17/contents/enacted. [6] HMICFRS, The police response to domestic abuse: An update report, February 2019 available at https://www.justiceinspectorates.gov.uk/hmicfrs/wp-content/uploads/the-police-response-to-domestic-abuse-an-update-report.pdf. [7] HMICFRS, Review of policing domestic abuse during the pandemic – 2021, June 2021 available at https://www.justiceinspectorates.gov.uk/hmicfrs/publications/review-of-policing-domestic-abuse-during-pandemic/. [8] HMICFRS & HMCPSI, Living in fear – the police and CPS response to stalking and harassment, July 2017 available at https://www.justiceinspectorates.gov.uk/hmicfrs/wp-content/uploads/living-in-fear-the-police-and-cps-response-to-harassment-and-stalking.pdf. [9] HMCPSI, The Service from the CPS to Victims of Domestic Abuse, March 2023 available at https://www.justiceinspectorates.gov.uk/hmcpsi/inspections/the-service-from-the-cps-to-victims-of-domestic-abuse/.