A consultation on the CPS policy for prosecuting cases of domestic violence - Consultation paper
CPS policy for prosecuting cases of domestic violence
Annex A - Examples of types of behaviour that can occur in cases of domestic violence and that might amount to a criminal offence
Here are some examples of types of behaviour that can occur in cases of domestic violence and which MIGHT amount to a criminal offence. Whether any particular behaviour does amount to a criminal offence will always depend on the circumstances of the particular case. These examples should therefore be treated only as guidelines.
Examples of behaviour
Pressuring a victim/witness to "drop the case" or not to give evidence.
Possible offences
Witness intimidation, obstructing the course of justice, conspiracy to pervert the course of justice.
Examples of behaviour
Physical violence, with or without weapons, including: punching, slapping, pushing, kicking, head butting, or hair pulling.
Possible offences
Common assault, actual/grievous bodily harm, wounding, attempting murder.
Examples of behaviour
Violence resulting in death.
Possible offences
Murder, manslaughter.
Examples of behaviour
Violence resulting in miscarriage.
Possible offences
Child destruction, procuring a miscarriage or abortion.
Examples of behaviour
Choking, strangling, suffocating.
Possible offences
Common assault, actual/grievous bodily harm, attempting to choke, strangle or suffocate.
Examples of behaviour
Spitting at a person.
Possible offences
Common assault.
Examples of behaviour
Threatening with an article used as a weapon, e.g. a knife, tool, telephone, chair.
Possible offences
Threats to kill, common assault, affray, threatening behaviour.
Examples of behaviour
Throwing articles, e.g. crockery, even if they miss their target.
Possible offences
Common assault, actual/grievous bodily harm, wounding, criminal damage, affray, threatening behaviour.
Examples of behaviour
Tying someone up.
Possible offences
Common assault, actual bodily harm, false imprisonment.
Examples of behaviour
Threatening to kill someone.
Possible offences
Threats to kill, harassment.
Examples of behaviour
Threats to cause injury.
Possible offences
Common assault, affray, threatening behaviour [If the threatening or disorderly words/behaviour are used in a dwelling house, the offence can only be committed if the other person is not inside that or another dwelling].
Examples of behaviour
Threats seriously to damage or undermine social status.
Possible offences
Harassment, blackmail.
Examples of behaviour
Damaging or destroying property or threatening to damage or destroy property.
Possible offences
Criminal damage, threatening to cause criminal damage, harassment
Examples of behaviour
Harming or threatening to harm a pet.
Possible offences
Criminal damage, threatening to cause criminal damage, cruelty to animals, harassment.
Examples of behaviour
Locking someone in a room or house or preventing him or her from leaving.
Possible offences
False imprisonment, harassment.
Examples of behaviour
Preventing someone from visiting relatives or friends.
Possible offences
False imprisonment, kidnapping, harassment.
Examples of behaviour
Preventing someone from seeking aid, e.g. medical attention.
Possible offences
vFalse imprisonment, actual bodily harm.
Examples of behaviour
Preventing someone from dressing as they choose or forcing them to wear a particular make-up, jewellery and hairstyles.
Possible offences
Actual bodily harm [Actual physical or mental harm must be proved to have resulted form the behaviour], harassment.
Examples of behaviour
Racial abuse.
Possible offences
Racially aggravated threatening behaviour [If the threatening or disorderly words/behaviour are used in a dwelling house, the offence can only be committed if the other person is not inside that or another dwelling], disorderly conduct [If the threatening or disorderly words/behaviour are used in a dwelling house, the offence can only be committed if the other person is not inside that or another dwelling] or harassment.
Examples of behaviour
"Outling", e.g. sexual orientation or HIV status.
Possible offences
Harassment, actual bodily harm [Actual physical or mental harm must be proved to have resulted form the behaviour], blackmail.
Examples of behaviour
Enforced financial dependence or unreasonably depriving someone of money.
Possible offences
Harassment.
Examples of behaviour
Abuse related to dowry demand.
Possible offences
Blackmail, harassment, common assault, actual/grievous bodily harm.
Examples of behaviour
Unreasonable financial demands.
Possible offences
Blackmail, harassment.
Examples of behaviour
Enforced sexual activity.
Possible offences
Rape, indecent assault, harassment, living off immoral earnings.
Examples of behaviour
Persistent verbal abuse, e.g. constant unreasonable criticism.
Possible offences
Harassment, actual bodily harm [Actual physical or mental harm must be proved to have resulted form the behaviour].
Examples of behaviour
Breaching the conditions of a non-molestation order.
Possible offences
Breach of non-molestation order.
Examples of behaviour
Offensive/obscene/menacing telephone calls, text messages or letters.
Possible offences
Improper use of public telecommunications systems, malicious communications, actual/grievous bodily harm [Actual physical or mental harm must be proved to have resulted form the behaviour], harassment.
Examples of behaviour
Excessive contact, e.g. numerous telephone calls to check someone’s whereabouts.
Possible offences
Harassment, false imprisonment.
Examples of behaviour
Secret or enforced administration of drugs.
Possible offences
Common assault, actual bodily harm, grievous bodily harm, administering poison.
Examples of behaviour
Neglecting, abandoning or ill-treating a child.
Possible offences
Child cruelty.
Examples of behaviour
"Honour crimes".
Possible offences
Murder, aiding and abetting suicide.
Examples of behaviour
Female circumcision.
Possible offences
Female genital mutilation.
Examples of behaviour
Forcing entry into a house.
Possible offences
Using violence to secure entry.
