The proposed amendments would expand the PPA's ability to act pre-emptively and to respond more flexibly to various threat situations. The addition of a new "significant threat" category would allow the police to intervene in cases where the threat has not yet escalated, but the potential consequences for public order could be serious if it did.

The Ministry of the Interior authored the draft bill, which would amend the Law Enforcement Act.

Under the terms of the amendment, a ban on being present in a specific area could also be imposed during "large" public gatherings, if and when there is reason to believe that a significant breach of public order might occur, even if the situation has not yet been classified as a heightened threat.

The bill's explanatory memorandum states that the main objective is to help victims of domestic violence, including children, break free of cycles of abuse and to ensure them the best possible protection and sense of security.

To achieve this, the level of risk which allows the use of a ban on presence would need to be adjusted.

Also, since many domestic violence incidents take place at the weekend, extending the maximum duration of a presence ban from its current 12 hours to 72 hours would improve victims' access to social services, including psychological and social counseling — primarily in-person counseling.

"The proposed changes will allow the PPA to intervene earlier in situations where there is information that an individual intends to approach the residence of a domestic violence victim, even if the immediate threat of assault is not yet apparent," the draft states.

"These changes will thereby strengthen preventive safety and enable more flexible responses to various types of threat scenarios," the explanatory memorandum adds.

Under the Law Enforcement Act as it currently stands, there are six possible grounds for imposing a presence ban: To protect a person's life or well-being in the case of an immediate threat to it or to the life of well-being of another person; to protect an overriding public interest; to identify or avert a heightened danger; to ensure the safety of a protected person or guarded object; to ensure the conduct of criminal proceedings; to enforce a measure of state supervision.

The explanatory memorandum notes that the bill is not connected to the government's action program or any other draft bill currently under consideration.

At the same time, it is stated that the bill aligns with the "Internal security development plan 2020–2030" and its program "Creating a preventive and safe living environment," whose stated aim is to ensure that "people in Estonia feel that they live in a free and safe society, where everyone's value, inclusion, and contribution to community safety make Estonia one of the safest countries in Europe. The living environment is improved, risks to life, health, property, and constitutional order are reduced, and fast and professional assistance is guaranteed."

The amendment proposed in the bill is also listed as a specific activity under the domestic violence prevention action plan for 2024–2027, which has been signed by the Ministry of the Interior, the Ministry of Social Affairs, the Ministry of Justice and Digital Affairs, and the Ministry of Education and Research.

--

Follow ERR News on Facebook and X and never miss an update!