Specialist Domestic Violence Courts point the way ahead

22/03/2004

Specialist Domestic Violence Courts (SDVCs) provide better support for victims and more effective, streamlined ways of dealing with domestic violence, according to an independent report published today.

The report was commissioned by The Crown Prosecution Service (CPS) and the Department for Constitutional Affairs (DCA). It was presented at a one-day conference in London attended by Constitutional Affairs Secretary Lord Falconer, Solicitor General Harriet Harman QC and Director of Public Prosecutions, Ken Macdonald QC.

Secretary of State Lord Falconer said: “I am determined that the courts, including the magistracy and judiciary, must play their part in helping survivors of domestic violence and their children to rebuild their lives.

“I am pleased the report on domestic violence concludes that specialist courts are developing with the specific needs of the victim at the forefront of their work.

“Just as local support services need to join up their efforts to offer the best support for domestic violence victims, so we at the heart of Government need to do the same. That means closer working between the criminal and family courts to ensure better outcomes for victims of domestic violence and their children.

“Justice must be done, and be seen to be done, if more victims are to have the courage to take a stand against domestic violence. Too often victims do not seek the protection of the court or if they do find the process too daunting and change their minds. We must do more to make the justice system receptive to the needs of victims.

“We want to build on this domestic violence report. I will continue to stress two messages: to victims that the courts can help and protect you; and to perpetrators, that their violence is unacceptable and there is no excuse.”

Five SDVCs have been operating at magistrates’ courts in Cardiff, Derby, Leeds, Wolverhampton and Hammersmith, West London for between six months and four years. They are models for multi-agency co-ordination between police, courts, CPS and statutory and voluntary sector groups such as women’s support groups to help victims of domestic violence and drive home the message that this is a serious crime.

Solicitor General Harriet Harman QC stressed: “The Specialist Court is an important part of making sure that we clamp down on domestic violence – so that women know they don’t have to put up with it, children don’t have to live in fear of it and men know they won’t get away with it.”

Core principles of SDVCs include: access to lay advocates (who act as a liaison between the victim and the court); coordination of partner agencies; providing a victim and child friendly court and providing specialist personnel trained in domestic violence awareness and procedures.

The report, ‘Evaluation of Specialist Domestic Violence Courts/Fast Track System’, examined 216 cases involving domestic violence at the early stages in the magistrates court and found three key benefits of SDVCs:

• More women victims of domestic violence were being supported. The evidence gathered suggested victims are highly satisfied with the advice, support and information provided by agencies in the voluntary and community sectors. This then has the knock-on effect of improving public confidence in the criminal justice system.
• All courts showed value for money. There are significant financial savings to be made if DV is tackled early, such as reduced retractions, health care savings and complementing social service monitoring of children.
• The report commends the multi-agency work carried out in setting up the SDVCs because they are “enabling domestic violence to be tackled within a multi- agency framework designed with the specific needs of domestic violence victims in mind.”

There was also some evidence of increased guilty pleas when victims were supported and in some courts an increase in late guilty pleas. While early pleas are always preferable, in DV cases, late guilty pleas can also be seen as a successful outcome as defendants often try to ‘string out’ the court process expecting the victim to withdraw.

The Director of Public Prosecutions, Ken Macdonald QC, said: “The Crown Prosecution Service is dedicated to tackling domestic violence. Building on the specialist DV courts, we have a two-year DV project to inform best practice. Furthermore, the recently announced £27m Witness Care expansion will introduce dedicated Witness Care Units across England and Wales. Also our radical shift towards early advice to the police pre-charge, especially the out-of hours legal helpline CPS Direct, will help police and identify DV cases right at the start.”

Home Office minister Baroness Scotland said: “The Government has stepped up efforts to help victims of domestic violence. The emphasis on the potential benefits of specialist domestic violence courts goes hand in hand with the biggest reform of domestic violence law in 30 years. The Domestic Violence, Crime and Victims Bill provides better protection for victims and witnesses so they no longer have to suffer in silence behind closed doors.

“We have also launched a £1 million Government campaign to raise awareness of the new national 24 hour helpline for domestic violence victims run in partnership by Women’s Aid and Refuge. The Government will not tolerate violence in the home or on the streets.”

The report recommends the development of further specialist courts and their extension to work in Crown Courts and linking into civil courts. Consideration of a national funding programme for victim lay advocates is also recommended.

It goes on to make specific recommendations for all agencies involved including the Courts, Police and CPS. Training, protocols, specialised staff, monitoring, information sharing and development of support for victims from a range of diverse communities are particularly recommended.

Much of the work currently in hand across The CPS will contribute to tackling these issues, including improving evidence gathering and the need for all Criminal Justice Agencies to build in child issues awareness.

Notes to Editors

1. Advance electronic copies of the report are available under embargo on request. The report is formally published on 22 March 2004 and is available in the Reports section of our website.
2. CPS media enquiries and interview bids to CPS Press Office 020 7710 6088
   DCA media enquiries to Helen Mingay 020 7210 8856.
3. Bids to interview the Solicitor General should be addressed to Trish O’Donnell in the Attorney General’s Office on 020 7271 2465.
4. An independent team from the Universities of Wolverhampton, Cardiff and Leicester undertook the evaluation.
5. The CPS made available all files for DV cases completed in the five sites between 1 August and 31 October 2003. Coding instruments were designed for use in coding a sample of 50 domestic violence cases files at each of the sites, giving a total sample of 250 cases. The sampling strategy was designed to enable comparisons to be drawn across the sites, each of which processes a different amount of domestic violence cases per month.
6. The report forms a key part of The CPS two-year Domestic Violence Project established in autumn 2003. This aims to:
   • Narrow the justice gap and reduce ineffective trials
   • Increase public confidence, including that of black and ethnic minority communities
   • Achieve value for money
7. The CPS DV Project is specifically investigating measures to improve attrition rates, as well as victim safety and satisfaction. Two pilot sites have been established in Gwent and Croydon to investigate initiatives in rural, isolated and urban settings.