Family Law

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

Edited by Richard Ward · Roger Bird
Family Law LexisNexis March 2005

Specifications

ISBN-13
9780853089537
Publisher
Family Law LexisNexis
Publication
March 2005
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

  • 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)

About the Author

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

Reviews

 "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

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