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06 April 2022
Issue: 7974 / Categories: Legal News , Family
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Prosecuting domestic abuse

Any child who witnesses domestic abuse will also be treated as a victim, under revised Crown Prosecution Service (CPS) guidance published for consultation this week

Any child who witnesses domestic abuse will also be treated as a victim, under revised Crown Prosecution Service (CPS) guidance published for consultation this week.

The revised guidance encourages prosecutors to take an ‘offender-centric’ approach by focusing on the behaviour of the defendant. It clarifies that the ‘rough sex’ defence cannot be used and extends the existing revenge porn offence to include the threat of sharing private sexual images or films.

It also challenges misconceptions and misleading stereotypes about the behaviour of victims, such as that victims who have withdrawn complaints lack credibility. In fact, the CPS can prosecute using evidence rather than relying on victim testimony. Kate Brown, CPS domestic abuse lead, said such misconceptions were ‘damaging’ and could push victims to withdraw from the process.

Respond to the Consultation on the domestic abuse legal guidance by 26 June, here.

Issue: 7974 / Categories: Legal News , Family
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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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