header-logo header-logo

06 April 2022
Issue: 7974 / Categories: Legal News , Family
printer mail-detail

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also challenges misconceptions and misleading stereotypes about the behaviour of victims, such as that victims who have withdrawn complaints lack credibility.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
printer mail-details

MOVERS & SHAKERS

42BR Barristers—4 Brick Court

42BR Barristers—4 Brick Court

42BR Barristers to be joined by leading family law set, 4 Brick Court, this summer

Winckworth Sherwood—Rubianka Winspear

Winckworth Sherwood—Rubianka Winspear

Real estate and construction energy offering boosted by partner hire

Gateley Legal—Daniel Walsh

Gateley Legal—Daniel Walsh

Firm bolsters real estate team with partner hire in Birmingham

NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
back-to-top-scroll