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Domestic Violence Jeanette Smith Senior Crown Prosecutor.

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Presentation on theme: "Domestic Violence Jeanette Smith Senior Crown Prosecutor."— Presentation transcript:

1 Domestic Violence Jeanette Smith Senior Crown Prosecutor

2 Introduction The role of the CPS Specialist Domestic Violence Court Domestic Violence Trials

3 The role of the CPS Prosecuting individuals for criminal offences following an investigation by the police Deciding whether a suspect should be charged and, if so, what the charges should be

4 The Code for Crown Prosecutors The evidential test Beyond Reasonable Doubt Realistic Prospect of conviction

5 Consider all available evidence 999 tape statements from neighbours and children CCTV footage photographs of the scene showing overturned furniture. photographs of the injuries. Medical evidence

6 Public Interest test Is a prosecution required in the public interest? Domestic Violence Policy – If Victim supports Prosecution, always in public interest to prosecute Views of the Victim

7 Specialist Domestic Violence Courts What are they? Provide a specialised way of dealing with domestic violence in court. Represent a partnership approach: Police, Prosecutor, Court Staff, Magistrates, Probation service, Witness Support and the Independent Domestic Violence Advisor. Cluster Cases

8 Specialist Domestic Violence Courts cont. Role of the IDVA Independent support to the victim Expert intervention Liaison with the victim. Attend Trial Offer a full range of out reach and crisis support to the victim through out and outside court proceedings.

9 Specialist domestic Violence Courts cont. Aim of the Court Agencies come together to identify, track and risk assess domestic violence cases To support victims of domestic violence Increase information sharing so that offenders are brought to justice Encourage victims to remain engaged with the criminal justice system through out the process Increase likelihood of convictions which will lead to the perpetrator being given a sentence which will protect the victim and any children and reduce the likelihood of re-offending

10 Domestic Violence Trials Does the victim have to attend Court to give evidence Is it appropriate to call a child witness to give evidence?

11 Special measures The use of screens in court to prevent the witness fro seeing the defendant The giving of evidence from a separate room by way of a live TV link The use of communication aids eg hearing loop The playing to the court of a witnesses video recorded statement which has been previously taken by the police.

12 The Test Vulnerable and Intimidated Witness and necessary to improve quality of evidence Children under 17 offence of sex or violence.

13 Special measures meetings purpose of such a meeting is to build trust and confidence. Reassures the witness that their needs will be taken into account court familiarisation visit

14 On the day of the Trial The victim can attend Court with a relative, friend or any supporter including the IDVA They can use a separate entrance to the court building and be taken straight to the witness support room where they can remain until it is time to give their evidence Witness support workers will be present to assist with any needs the witness may have whilst at Court The Prosecutor will attend the witness room and introduce themselves to the witness. The witness will have the opportunity to go through their statement and refresh their memory

15 Conclusion Advantages of the SDVC Multi agency approach which ensures the correct decisions are made at every stage Enhanced support services offered to victims and witnesses through the IDVA service Informed and consistent judicial decision making. Improved sentences that offer better protection to victims and their children Increase confidence in criminal justice system


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