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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
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The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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