Domestic Violence, Crime and Victims Act 2004 A Practitioner's Guide

Author: Richard Ward; Roger Bird
Publisher: Family Law LexisNexis
ISBN: 9780853089537
Published In: March 2005
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Explains the changes to the way courts deal with domestic violence.

The Domestic Violence, Crime and Victims Act 2004 made significant changes to the way in which instances of domestic violence are dealt with by the courts, together with measures to improve the treatment of victims and witnesses of domestic crime.

The Act made many changes to the existing legal framework, including:

breaches of a non-molestation order became a criminal offence and same-sex couples are included within definition of 'cohabitants'
a new offence of causing or allowing to cause the death of a child was introduced
multi-agency domestic homicide reviews have been established following the death of a person resulting from violence or neglect by a relative or within an intimate personal relationship
common assault has become an arrestable offence
the Protection from Harassment Act 1997 has been amended to enable courts to extend the availability of restraining orders on conviction or acquittal in order to protect the victims
changes to powers following a finding of insanity or unfitness to plead
measures to allow non-jury trials in the Crown Court where the instances of offending conduct are too numerous to be dealt with at a single trial
changes to intermittent custody
the Home Secretary is required to issue a code of practice for victims and witnesses of crime to be followed by those who have functions relating to victims or the criminal justice system as a whole
a Commissioner for Victims and Witnesses has been created

This work is essential reading for all family and criminal lawyers, as well as practitioners within the criminal and family justice systems. In addition to the detailed commentary, the full text of the Act is included.

Domestic violence: non molestation orders, harassment, restraining orders, occupation orders
The new criminal offence and related matters: Causing or allowing the death of a child or vulnerable adult
Trial without jury for multiple offences
Criminal justice changes
Victims

Appendices

Domestic Violence, Crime and Victims Act 2004 109
The Victims' Code of Practice (Indicative Draft)

Richard Ward, Professor of Public Law and Head of the Department of Law, De Montfort University
Roger Bird, former District Judge, Bristol County Court and District Registry

"a most useful book that explains in some detail the main provisions of this wide ranging statute"
Crimeline

"the book is well written and is recommended as a valuable resource to practitioners who will benefit from the comprehensive overview of the provisions of the Act provided by the book"
Internet Law Book Reviews