CPS
launches revised Domestic Violence Policy
http://www.cps.gov.uk/news/pressreleases/archive/2005/111_05.html
CPS
- 1st February 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
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."
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.
