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08 July 2022 / Cris McCurley
Issue: 7986 / Categories: Features , Family , Criminal
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Domestic abuse & the family courts

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In the first of a two-part series, Cris McCurley examines key changes to the treatment of domestic abuse victims & their children within the family justice system
  • Over the years, a stream of reports, practice directions and inquiries has contributed to constant changes to the courts’ understanding and treatment of victims of domestic abuse and their children.
  • Recent recommendations for change, including substantial financial investment and a more trauma-focused approach, are to be welcomed, but still more work is needed.

The law concerning domestic abuse has been evolving over the last three decades, but the last three years have seen particularly significant changes.

In 2004, Women’s Aid published their report Twenty-nine child homicides: lessons still to be learnt on domestic violence and child protection, which considered the domestic homicide reviews of children murdered either during or as a result of court-ordered or approved contact. It led to the first version of Practice Direction 12J in 2010 under the presidency of the late Sir Nicholas Wall, who

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NEWS
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
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