Blackstone's Guide To The Domestic Violence, Crime And Victims Act 2004

by Lawson, Elizabeth; Johnson, Melanie; Adams, Lindsay; Lamb, John; Field, Stephen

• ISBN13: 9780199281893
• ISBN10: 0199281890
• Format: Paperback
• Copyright: 2005-07-07
• Publisher: Blackstone Press

Summary

The Domestic Violence Crime, and Victims Act 2004 is the biggest overhaul of domestic violence legislation in thirty years, introducing new powers for the police and courts to tackle offenders whilst ensuring that victims get the support and protection they need. The Act received Royal Assent at the end of 2004. It will have a very significant impact on existing legislation and practice--notably the Family Law Act 1996 and the Protection from Harassment Act 1997. This Guide provides a full, clear analysis of the Act and a detailed explanation of its many provisions with practical pointers on resulting changes to practice and procedure. It contains the full text of the Act, plus the text of key related legislation as amended by the Act. It is an essential tool for all criminal and family law practitioners faced with domestic violence cases.

Author Biography

Melanie Johnson is a barrister at 1 Pump Court Chambers specialising in Family Law. She conducts seminars in domestic violence remedies and enforcement, and care proceedings. She is a member of the FLBA and has published an article on Domestic Violence and Part IV Family Law Act 1996 in 'The Review', a journal sponsored by the Solicitors Family Law Association. Elizabeth Lawson QC is a barrister at 1 Pump Court Chambers specialising in Family Law and sits as a Deputy High Court Judge.
Lindsay Adams is a barrister at 1 Pump Court Chambers. She is head of the Crime Group and practises in the areas of criminal and family law. Along with Melanie Johnson she regularly conducts seminars in domestic violence remedies and enforcement, and care proceedings. Lindsay contributed to the Bar Council and CBA response to the White Paper, Justice for All, which was published in October 2002.
Stephen Field is a barrister at 1 Pump Court Chambers. He specialises in criminal law. John Lamb is a barrister at 1 Pump Court Chambers. He was formerly the Head of the Crime Group at New Court Chambers before moving to 1 Pump Court in April 2003. He is a specialist criminal practitioner with extensive experience of sexual offences and violence in a domestic context.

Table of Contents

FOREWORD	xi
TABLE OF CASES	xiii
TABLE OF PRIMARY LEGISLATION	xv
TABLE OF SECONDARY LEGISLATION	xxi
TABLE OF RULES OF COURT	xxiii
TABLE OF ABBREVIATIONS	xxv
1. INTRODUCTION	1	(8)
A. Summary
B. The Domestic Violence Provisions
C. The Criminal Justice Provisions
D. Victims
E. Commencement and Transitional Provisions
2. CHANGES TO THE LAW ON DOMESTIC VIOLENCE	9	(20)
A. Summary
B. The New Criminal Offence: (1) The Conduct Required
C. The New Criminal Offence: (2) The Necessary Mental Element
D. The New Criminal Offence: (3) 'Without Reasonable Excuse'
E. The New Criminal Offence: (4) Who can Commit the Offence?
F. The New Criminal Offence: (5) Double Jeopardy
G. The New Criminal Offence: (6) Some Practicalities
1. Using Evidence from the Family Proceedings
2. Conflicts of Interest
H. Changes to Family Proceedings
1. Points to Note when Applying for or Opposing a Non-molestation Injunction
2. Points on Enforcement
3. Other Substantive Changes Made to Part IV of the Family Law Act 1996
3. CAUSING OR ALLOWING THE DEATH OF A CHILD OR VULNERABLE ADULT	29	(12)
A. Introduction
B. The Offence
1. Circumstances in Which and by Whom an Offence may be Committed
2. Acts or Omissions Necessary to Incur Liability
C. Age for Prosecution
D. Sentence
E. Conclusion
4. EVIDENCE AND PROCEDURE: ENGLAND AND WALES	41	(8)
A. Introduction
B. When the Provisions Apply
C. The New Rules
D. Application to Dismiss
E. Postponement of Submission of No Case
F. Inferences
G. Scenarios
H. Human Rights Considerations
I. Section 5 Offence is an Offence of 'Homicide'
5. DOMESTIC HOMICIDE REVIEWS	49	(4)
A. What are Domestic Homicide Reviews?
B. Establishment and Participation
C. Aim of Reviews
D. Conduct of Reviews
6. ASSAULT AND RESTRAINING ORDERS	53	(10)
A. Common Assault to be an Arrestable Offence
B. Common Assault, etc as an Alternative Verdict
C. Restraining Orders: (1) What is a Restraining Order?
D. Restraining Orders: (2) When can the Court Make a Restraining Order?
1. Restraining Orders following Conviction
2. Restraining Orders following Acquittal
E. Restraining Orders: (3) The Evidence Required
F. Restraining Orders: (4) Undertakings
G. Restraining Orders: (5) Appeals D. Discharge of Restraining Orders
7. SURCHARGES	63	(4)
A. Overview
B. Surcharge Payable on Conviction
C. The Amount
D. Increase in Maximum On-the-Spot Penalty for Disorderly Behaviour
E. Higher Fixed Penalty for Repeated Road Traffic Offences
8. TRIAL BY JURY OF SAMPLE COUNTS ONLY	67	(10)
A. Introduction
B. Application by Prosecution for Certain Counts to be Tried without a Jury
C. The Three Conditions
1. That Trial by Jury is 'Impracticable'
2. It is in the 'Interests of Justice'
3. Specifying the Counts
D. Procedure for Applications under Section 17
1. Procedure for Determining the Application
2. Appeals
3. Procedure following Conviction on the Sample Counts
9. UNFITNESS TO PLEAD AND INSANITY	77	(8)
A. Introduction
B. Fitness to Plead or Stand Trial
1. The Substantive Law
2. Determination of the Facts
C. Powers of the Court to Deal with those Found Unfit to Plead or not Guilty by Reason of Insanity
D. Appeals
E. The Role of the Legal Representative
10. MISCELLANEOUS	85	(8)
A. Powers of Authorized Officers Executing Warrants
1. Entry to Execute Warrant of Arrest, etc
2. Entry to Levy Distress
3. Searching Arrested Persons
4. Use of Force
B. Disclosure Orders for the Purpose of Executing Warrants
1. Use of Information Supplied under Disclosure Order
C. Procedure on Breach of Community Penalty, etc
D. Prosecution Appeals
E. Intermittent Custody
F. Conclusion
11. VICTIMS, ETC	93	(6)
A. Summary
B. Chapter 1: The Victims' Code
C. Chapter 2: Representation and Information
D. Chapter 3: Other Matters Relating to Victims etc
E. Conclusion
APPENDIX A Domestic Violence, Crime and Victims Act 2004	99	(88)
APPENDIX B Criminal Procedure (Insanity) Act 1964, ss 4, 5, and 5A as amended	187	(5)
APPENDIX C Family Law Act 1996, Part IV as amended	192	(24)
APPENDIX D Protection from Harassment Act 1997, ss 1 to 7 as amended	216	(4)
APPENDIX E Useful Addresses	220	(5)
INDEX	225