CPS launches revised Domestic Violence Policy

01/02/2005

With nearly 16 million incidents of domestic violence annually in the UK, the CPS today continued its commitment to tackling domestic violence with the launch of a revised policy, guidance and training programme for prosecuting cases of domestic violence.

The new guidance reflects an increased emphasis on the safety of victims and children and contains new sections on enhancing a victim's ability to give evidence including the use of special measures and the introduction of reporting restrictions. Emphasis is placed on more effective evidence-gathering, safer bail conditions and practical guidance on how to proceed if a victim withdraws support for the case.

The revised guidance also takes account of recent changes in the law regarding domestic violence including the Domestic Violence Crime and Victims Act 2004, the Criminal Justice Act 2003, the Female Genital Mutilation Act 2003, the Sexual Offences Act 2003 and the implementation of Part II Youth Justice and Criminal Evidence Act 1999.

The Director of Public Prosecutions, Ken Macdonald QC, said:

"The CPS is now at the heart of developing a modernised Criminal Justice System response to domestic violence. We are setting the pace with innovations on expert witnesses, use of specialist courts and piloting different models of effective prosecutions. Our revised domestic violence policy, guidance and training signals our clear commitment to winning justice for the victims of these crimes."

The Solicitor General, Harriet Harman said:

"This is a major and very grave issue for all victims of domestic violence - women, men and children. Some 16 per cent of all violent crime is domestic violence and there is never any excuse for it. Saying 'it's wrong, but there is nothing you can do about it,' is simply not good enough.

"The new Domestic Violence, Crime and Victims Act 2004 is the biggest overhaul of domestic violence legislation for 30 years and brings tough new powers for the police and the courts to tackle offenders, while ensuring victims get the support and protection they need.

"This new guidance from the CPS incorporates the new Act and is a welcome part of the progress being made by the Criminal Justice System to tackle this issue decisively. With early intervention, backed by government, we can protect victims and bring perpetrators to justice."

The revised policy and guidance addresses the needs of victims from a wider range of backgrounds and communities including same-sex relationships, Gypsies, Travellers and sex workers.

The revised policy has also been designed to account for a major change in the way the CPS now handles cases. The responsibility for deciding to charge a suspect in all but the most minor cases now rests with the CPS.

CPS prosecutors are being encouraged to think imaginatively about the charge - perhaps charging for witness intimidation when the defendant pressures their partner to drop the case, false imprisonment when a victim is prevented from leaving their home or sexual charges in forced marriages.

CPS prosecutors will ask for other evidence to be gathered by the police such as 999 tapes, photos of the scene and injuries, medical statements, forensic evidence and perhaps suggest bail conditions that restrict access to the victim but also allow them more freedom by not only keeping the offender away from the home but also other locations such as schools or family addresses.

There are also suggestions for more innovative ways to approach cases where the main victim withdraws their statement - from support by a specialist caseworker "advocate" in the voluntary sector through to consideration of using other evidence so the victim does not have to go to court.

Since the first policy was developed in December 2001 the CPS has been researching and introducing a raft of measures to tackle domestic violence including:

• A network of CPS domestic violence co-ordinators
• Evaluating the effectiveness of five specialist courts, the use of expert witnesses and two domestic violence pilot projects in Gwent and Croydon

CPS is now working together with the police and has produced training materials which will streamline action against both services.

To make sure that the policy is implemented the CPS will be monitoring all prosecutions from April 2005.

Notes to Editors

1. There is no statutory offence of domestic violence. Domestic violence is a general term to describe a range of behaviour. The Government definition of domestic violence is:

 

"any incident of threatening behaviour, violence or abuse [psychological, physical, sexual, financial or emotional] between adults who are or have been intimate partners or family members, regardless of gender or sexuality."

2. Legislative changes incorporated into the new policy, guidance and training are:

 

Domestic Violence Crime and Victims Act 2004 (due to come into force from April 2005)

• Makes breach of a non-molestation order an arrestable criminal offence
• Allows cohabiting and same sex couples the same access to restraining orders as married couples
• Makes common assault an arrestable offence
• Enables the court to make restraining orders in relation to any criminal offence, on conviction or acquittal
• Creates an offence of 'causing or allowing the death of a child or vulnerable person'.

Youth Justice and Criminal Evidence Act 1999

• Allows reporting restrictions for adult witnesses (came into force October 2004)
• Allows special measures including the use of screens, live video links and clearing the public gallery (staggered implementation).

Criminal Justice Act 2003

• Amends the rules on bad character to enable courts to access a defendant's relevant previous convictions (came into force in December 2004)
• Amends the rules on hearsay so they are less restrictive than in the past (due to come into force in April 2005)
• Enables any witness to give evidence via a live video link
• Makes it statutory for relevant previous convictions to be considered an aggravating factor when sentencing.

Female Genital Mutilation Act 2003 (came into force in March 2004)

• Makes it an offence to carry out female genital mutilation abroad on a UK national or permanent UK resident, even in countries where the practice is legal.

Sexual Offences Act 2003 (came into force in May 2004)

• Creates changes in the law around the issue of consent
• Introduces new offences to cover the spectrum of sexual offending.

To bid for an interview with the Solicitor General please contact the LSLO on 020 7271 2440.

To bid for an interview with the Director of Public Prosecutions please contact the CPS on 020 7796 8102.

To bid for an interview with Baroness Kennedy QC please contact her office on 01708 379 482.

The Policy for prosecuting cases of Domestic Violence, and information on how prosecutions decisions are reached are available on this website in the Prosecution Policy and Guidance section.