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

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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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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
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The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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