Section 48: Nature of certain proceedings under this Part

Domestic Abuse Act 2021 · 2021 c. 17View on legislation.gov.uk

Part 3: Powers for dealing with domestic abuse

Proceedings before a court arising by virtue of section 31(3), (5) or (6), and proceedings before a court arising by virtue of section 44(2)(b) in any case within section 31(3), (5) or (6), are civil proceedings (like proceedings before a magistrates' court under section 28 or 44(2)(a)).

The court is not restricted in the proceedings to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted or (as the case may be) acquitted.

The court may adjourn any proceedings arising by virtue of section 31(3), (5) or (6), or any proceedings arising by virtue of section 44(2)(b) in any case within section 31(3), (5) or (6), even after sentencing or acquitting the person concerned or allowing the person's appeal.

A domestic abuse protection order may be made or varied in addition to an order discharging the person conditionally or absolutely in spite of anything in sections 79, 80 and 82 of the Sentencing Code (which relate to orders discharging a person conditionally or absolutely and their effect).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.