Facing the Challenge – Improving services for people with trauma related dissociation. Peter Garsden Head of the Abuse department/Solicitor Simpson Millar LLP President of ACAL (Association of Child Abuse Lawyers) www.abuselaw.co.uk www.simpsonmillar.co.uk

What do I do – 1994 to date? Abuse Compensation cases against Individuals eg. Lord Greville Janner, Savile Institutions – > 25 Group Actions since 1994 The Church Local Authorities for lack of care Sexual Exploitation Stalking Elder Abuse Criminal Injuries Compensation Authority What is the purpose of this talk?

What relevance is DID to us? A disorder we encounter infrequently caused by abuse in childhood Extreme or Ritual Abuse causation Enduring or Severe abuse at a young age, commonly in the family Dissociative Amnesia and relevance to time delay arguments Not Defensive Avoidance

Differences between Criminal and Civil Law? Criminal Law The Crown v. An Individual Purpose – the state acts on behalf of the public through the medium of the Police Force to punish with penalties such as imprisonment or fines, individuals who breach the Criminal Law Result is a Fine, Order, or Imprisonment – or acquittal Role of the Police & CPS Magistrates Court and Crown Court, Court of Appeal Scales of Justice meaning

Differences between Criminal and Civil Law?

The Criminal Process Reporting the Abuser to the Police Public/Child Protection Department Style of Interviewing & Statement Where to report? Where it happened or local? Will be believed? Corroboration and Forensics SARCS & ISVA’s The Police Investigation

The Criminal Process The Role of the Crown Prosecution Service Independent of the Police Prosecute or not. Bring Criminal Proceedings and instruct barrister Burden of proof – “beyond reasonable doubt” Managing refusal to charge

The Criminal Process Giving Evidence and the Trial Preparation Anonymity Guilty or Not Guilty - differences The role of therapy and support during a Criminal Investigation and Trial Witness Services GP Role of Support Services & ISVA’s

The Civil Process Family Courts Care Proceedings Custody Divorce & Maintenance & Finances Care Proceedings Local Authority Child Representation & Guardian Function Abuse

Civil Compensation Civil Courts Summary Why? How? Time Limits & DID How much does it cost & Legal Aid? Evidence needed How long will it take? How much compensation?

Criminal Injuries Compensation Authority Government Scheme to compensation victims of crimes of violence occurring after 1964 Need for Police Investigation & co-operation Online scheme Tariffs Criminal Convictions Time Limits No costs No blame decision or other party involved

Nearly finished now – phew! Thank you for listening without snoring! Have you any questions??