Blackstone’s Guide to The Domestic Abuse Act 2021

For practitioners, new legislation brings with it the need to rapidly get to grips with the statute and, as invariably follows, interpretations of it. The Domestic Abuse Act 2021 was no different. It introduced the new offence of non-fatal strangulation and new civil injunctions in the form of Domestic Abuse Protection Notices, and gave statutory footing to the common law position that there is no such thing as a ‘rough sex’ defence.

This guide, edited by Gillian Jones KC, David Malone and Susan Edwards, is a succinct, highly readable manual on the legislative changes. It is relevant – and accessible – not just to practising lawyers but also those working in the public sector and charities.

The book breaks down the legislation section by section, which allows the reader to quickly identify the section relevant to their specific query. Each section provides context and definition – for example in Part 3, on what is meant by domestic abuse and how prosecutors should approach charging decisions when considering offences under either the Offences Against the Person Act 1861 or the Serious Crime Act 2015.  

Where appropriate there is critical commentary, provided by a long list of impressive contributors, not just on what changes have been brought about, but on where further reform is required. Of interest, in section 77, is the commentary on the piloting of mandatory polygraph tests for certain offenders as part of licence conditions, with a view to probation being able to ascertain information about new relationships or ‘risky’ thoughts and behaviours.  

On a practical level, the guide includes a copy of the act itself, a list of ‘need to know’ cases and a very helpful index. It is an important supplement to an extremely important piece of legislation.

Letitia Egan is a barrister at Red Lion Chambers, London