DOMESTIC VIOLENCE LAW REFORM 1. A Bill for an Act entitled Arrest (Amendment) Act 1991 This Bill seeks to amend the Arrest Act Chap 339, to allow police further powers to enter premises and arrest persons and remain, without a warrant, when a policeman believes that an assault is about to be, is being, or has been committed. There are certain problems with the current law this amendment seeks to address. With domestic violence, most incidents take place indoors, often at night. The police are often called by a neighbour but by the time the police arrive, the situation has quietened down (as often the wife is beaten into silence), and the husband may refuse to open the door so the police cannot see or speak to the wife. Also, police are notoriously unwilling to intervene in domestic disputes, and the present uncertainty on their powers of entry gives some justification for not investigating on private premises. Download here 2. A Bill for an Act entitled District Court (Amendment) Act 1992 This Bill is the most far-reaching and important of the amendments as it seeks to introduce a system of Protection Orders that are designed to prevent violence or harrassment between spouses or against a child. It is to amend the District Courts Act Chap 40 There are provisions for Emergency Orders and Interim Orders when necessary, and the breach of any such Order would be a criminal offence. These amendments seek to remedy the current situation where the present legislation does not meet the needs of domestic violence victims. It alters the process, allows emergency orders to be made day or night, the complaint may be made by a police officer or by someone else on behalf of the victim or even orally in emergency situations, gives Magistrates powers to make a variety of Orders, such as "stay away" Orders, Orders not to damage property, Orders to exclude the perpetrator from the property (even if he has an interest or owns it), Orders to require the parties to undertake counselling and Orders to waive the payment of court fees. It also requires a copy of the Order to be kept at the local police station, and if breached the police can arrest in the normal way without a warrant. Download here 3. A Bill for an Act entitled Evidence (Amendment) Act 1991 This is a Bill seeking to amend the Evidence Act Chap 48. It makes a spouse a compellable witnesses to give evidence in cases of assault by one spouse on the other, or on a child of the family. It does however give a Magistrate the power to excuse a spouse if there are written compelling reasons for doing so. The previous problem that this seeks to address is the situation, that once a complaint is made, the husband or the husband's family force the wife to not testify against the husband, usually by way of further threats, intimidation and/or assaults. If a husband understands the wife is legally bound to give evidence in court, there is no point in trying to force her to drop the case, especially in cases where the police have laid the complaint on the victim's behalf. Download here