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16 March 2007 / Jane Mcculloch
Issue: 7264 / Categories: Features , Mediation , Family
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Crime and punishment

Protecting victims of domestic violence takes priority over punishing offenders, says Jane McCulloch

The Domestic Violence, Crime and Victims Act 2004 (DVCVA 2004), ss 1 and 12, which are intended to make it easier to prosecute violent partners, will be implemented on 1 July 2007.

DVCVA 2004, s 1 inserts a new s 42A into the Pt IV of the Family Law Act 1996, creating a new criminal offence of breaching a non-molestation order. A person will only be guilty of an offence under this section if he was aware of the existence of the order at the time of the conduct complained of. The same conduct cannot be dealt with both as contempt of court in the civil court and a criminal offence under this provision.

A person guilty of an offence under this new section is liable, on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both; on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not

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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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