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26 March 2020 / Kate Bex KC , Tom Jones
Issue: 7879 / Categories: Opinion , Criminal
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Prosecuting domestic violence

17917
Kate Bex QC & Tom Jones consider the route to pursuing a case against the complainant’s choice
  • The CPS must be able to prosecute where the victim’s unwillingness may be the symptom of an abstruse controlling and abusive relationship.

On Saturday 15 February, Caroline Flack’s tragic death became widespread news across the country. Having been charged with common assault of her boyfriend, Lewis Burton, she pleaded not guilty on 23 December last year and was due to face trial on 4 March. On the same day that she took her life, a statement from Ms Flack’s management strongly criticised the Crown Prosecution Servce (CPS) for pursuing the case, citing its knowledge of her vulnerability and the lack of support from the alleged victim.

The events precipitated a major debate surrounding the role of the CPS and its charging decision. As has been acknowledged by several legal commentators, only the CPS know the full facts on which it based its action and to speculate or admonish without knowledge

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MOVERS & SHAKERS

DSW Legal—James Mallender

DSW Legal—James Mallender

Business advisory group launches dedicated legal division with senior appointment

Gilson Gray—Peter Millican

Gilson Gray—Peter Millican

London corporate practice with partner appointment

Ward Hadaway—Alex Cooper

Ward Hadaway—Alex Cooper

Corporate team welcomes partner in Leeds

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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