CPS: Policy for prosecuting cases of Domestic Violence

Introduction

1. This document explains the way we, the Crown Prosecution Service (CPS), deal with cases involving domestic violence.
2. We regard domestic violence as particularly serious. Its domestic nature is an aggravating, rather than a mitigating, factor because of the abuse of trust. Victims know and often live with or have lived with their abuser. Moreover, there is often a continuing threat to the victim’s safety and, in the worst cases, the victim’s life and the lives of others (including children) may be at risk.
3. When we are deciding whether to prosecute, the safety of the victim, children and any other person at risk will be a priority for us.
4. People have the right to feel safe and be safe in their personal relationships. We know that domestic violence can have a devastating effect not only upon the victim but also upon families and especially upon children who witness and suffer directly the consequences of that violence.
5. Stopping domestic violence and bringing perpetrators to justice must therefore be a priority for the CPS. We are determined to play our part by prosecuting cases effectively and working within a multi-agency approach. We recognise that criminal proceedings are just one element of this approach and that criminal and civil law may need to be used in conjunction. Where there are concurrent criminal and civil proceedings, we will work to ensure that the courts can make consistent orders that prioritise the safety of victims and children. We also acknowledge that some victims may not wish the criminal route to be engaged at all, preferring to make use of civil remedies or other safety and support mechanisms.
6. We will continue to work and train with the police, other colleagues in the criminal justice system and with voluntary and community groups, both locally and nationally, to help us improve our understanding of domestic violence and make appropriate
   casework decisions.
7. We realise that victims of domestic violence — particularly those who may have suffered over a considerable time — have difficult decisions to make that will affect their lives and the lives of those close to them.
8. We acknowledge that barriers exist, which mean that some people are less likely to report offences.
9. Victims who are or have been in a relationship with their abuser may blame themselves or feel that agencies may blame them, as well as facing wider difficulties such as disruption to the lives of their children and families.
10. People from black and minority ethnic communities may have experienced racism. They may fear that they will not be believed, or that they will not be treated properly. As a result they may be reluctant to report offences or support a prosecution. Cultural and religious beliefs may also have the same effect.
11. In cases involving domestic violence in same sex relationships, victims may fear homophobic reactions from the criminal justice system, as well as being “outed” by the process.
12. Disabled people and some elderly victims of domestic violence may fear reporting offences, particularly if the abuser is also a carer.
13. We work with a number of national and local organisations that offer support to victims throughout the process of reporting crime to giving evidence in court.
14. Special measures can be used to help a victim or witness give evidence (see Paragraph 9 on p.19 of the downloaded document). We will consider every case carefully and sensitively. Our decisions will be objective but made within a framework that promotes safety and support for victims and keeps them informed.
15. We know that domestic violence is likely to become more frequent and more serious the longer it continues and can result in death. Because of this, we will sometimes take proceedings even if a victim asks us not to do so. In these cases, we will make the fullest enquiries through the police, to ensure that our decision to prosecute is made against a background of all available information and with the safety of the victim and any children at the forefront of our minds.