last updated February 1, 2006
The United Kingdom's Crown Prosecution Service (CPS) has developed a number of policies to guide its handling of domestic violence cases. The CPS's Statement on the Treatment of Victims and Witnesses governs how prosecutors treat victims and witnesses of violence generally and details the steps that should be taken prior to, during and after trial to ensure that victims and witnesses are treated with consideration and understanding.
The CPS's Domestic Violence Policy deals specifically with the office's policy on domestic violence prosecutions. The Policy acknowledges that because supporting evidence of domestic violence is often lacking, it will often be necessary for victims to testify, and prosecutors have the power to compel testimony should it be required. At the same time, however, the Policy emphasizes that victims will not always be required to testify, should the supporting evidence be sufficient to proceed. Under the Policy, prosecutors are to actively seek out other evidence either to support or as an alternative to the victim's testimony.
If a victim asks that the complaint be withdrawn, the prosecutor's office will assign a prosecutor familiar with domestic violence issues to the case, ascertain whether the request came from the victim or the perpetrator, and if from the victim, undertake a number of steps to determine whether the victim has been threatened or coerced. Before proceeding with the case, prosecutors will also evaluate, together with the police, the risks to the safety of the woman and her children from such prosecution. Should the evidence be sufficient, prosecutors may proceed despite the victim's request. Throughout this process, however, the "safety of the victim, children or any potentially vulnerable person will be a prime consideration" in the decision-making process.
The Policy discusses charging and bail considerations, notes that prosecutors should endeavor to ensure that domestic violence cases are not delayed, and states that prosecutors will attempt to incorporate victim concerns in making decisions in a case. Finally, the Policy notes that prosecutors will take steps to make sure that the victim has made contact with an appropriate support network. |