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In all CPS legal guidance, the term ‘victim’ encompasses other terms such as ‘complainant(s)’, and ‘survivor(s)’ and is used to denote: Language and terminology are important in the criminal justice system and it is acknowledged that a range of terms are used by different organisations. All pathways should be set up to provide a two-fold function, with the ability to address safety, progress of a case and its outcomes in a speedy and efficient manner, as well as providing victims with accurate information on the criminal justice process and the roles of the relevant agencies. Local systems and protocols, specifically addressing communications processes or pathways between the CPS, WCU, and support organisations should be kept up to date. Prosecutors should work closely with the police to ensure that accurate and up to date information is provided to the victim throughout the case, particularly about special measures and other support that may be available, Regular liaison with Independent Domestic Violence Advisers (where in place), Young People's Violence Advisers (YPVAs), or other support services (including from specialist organisations), Witness Care Units (WCUs), and voluntary sector support organisations, is recommended to ensure the victim's safety and support needs are properly understood and addressed. It may help to raise their confidence in the criminal justice system and facilitate their participation in the investigation and prosecution process. Support and safety needs for victims should be identified from the outset and continually considered throughout the life of a case.
DA occurs amongst people of all ethnicities, genders, sexualities, ages, disabilities, immigration status, religions or beliefs, and socio-economic backgrounds. DA cases require sensitive and careful handling taking account of the nature of the offending behaviour the relationship between the victim and perpetrator the victim’s family circumstances cultural or religious beliefs and other factors such as sexual orientation and/or gender identity, mental capacity or physical disability, or poor health. In many cases DA becomes more frequent and more serious the longer it continues and in some circumstances can result in death. Individuals suffering DA will not be always be aware that what they are experiencing is abusive behaviour. In the some cases there is a threat to their life or the lives of others around them.ĭA can inflict lasting trauma on victims and their extended families, especially children and young people who may not see the abuse, but may be aware of it, or hear it occurring. Victims will know and often live with, or have lived with, the perpetrator and there may be a continuing threat to the victim's safety. The domestic nature of the offending is an aggravating factor because of the abuse of trust involved. There is no specific offence of ‘domestic abuse' however, the term can be applied to a number of offences committed in a domestic environment. The safety of victims and children is imperative when prosecuting cases of DA. Prosecutors dealing with DA cases should have completed the DA training and ensure they understand the impacts and dynamics of how abuse may be perpetrated.ĭA cases are amongst the highest priority work dealt with in the criminal justice system. All DA cases should be identified on the CPS Case Management System (CMS) by applying the ‘Domestic Violence’ flag.
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This legal guidance sets out how prosecutors should apply the Code for Crown Prosecutors (the Code) when considering any offences which fall within the definition of DA as outlined in the section of this guidance titled ‘Domestic Abuse Definition’ and regardless of the age of those involved.
The guidance will be updated when these sections have been commenced.
Prosecutors should note that further sections of the DA Act will come into force in 20. This guidance has been updated to reflect changes brought in by the Domestic Abuse Act 2021, (DA Act).
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The final updated legal guidance will be published after full review and consideration of the consultation responses. This guidance is published as interim guidance for prosecutors to apply in all Domestic Abuse (DA) cases with effect from 4 April 2022, whilst a public consultation takes place.