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Definition of da.

Domestic Abuse consists of any of the following:

  • Physical abuse
  • Sexual abuse
  • Violent or threatening behaviour
  • Controlling or coercive behaviour
  • Economic abuse
  • Psychological, emotional or other abuse

Where the victim and perpetrator(s) are aged 16 or over and are “personally connected” to each other. It does not matter whether the behaviour consists of a single incident or a course of conduct.

( Domestic Abuse Act 2021 )

Stats taken from , ( ONS data 2022 ), ( Violence Against Women & Girls: Research Update Nov 2022 ), ( Femicide Census ), ( DA Act 2021: Policy Background ), ( National Centre for Domestic Violence 2022 ), ( HMIC, 2019 & 2015 ).

2.4 million

1.5 million, every 30 seconds, domestic abuse.

83 men were killed in domestic homicides between April 2016 and March 2019 which equates to over 2 each month.

( DA Act 2021 : Statutory Guidance )

( Femicide Census , 2020 )

( SafeLives (2015) , Insights Idva National Dataset 2013-14. Bristol: SafeLives)

In a study of 32 Domestic Homicide Reviews a quarter were family-related homicide, with most of those cases involving a parent killed by their adult child.

( Home Office , 2022 )

DA often begins or escalates during pregnancy. 1 in 3 pregnant women experience DA.

( NHS , 2023)

( Caada (2014) , In Plain Sight: Effective help for children exposed to domestic abuse)

( NSPCC : Child abuse and neglect in the UK today, 2019 )

  • Women aged 16 -19 are more likely to be victims than women aged 25 years and over.

( ONS , 2020)

  • 1 in 5 teenage girls have experienced domestic abuse in their dating relationship.

        ( SafeLives, 2017 . Safe Young Lives – Young People & Domestic Abuse )

( Home Office, 2019 . The Economic and Social Costs of Domestic Abuse ) 

Impact of DA

Stats taken from ( Walby, S. (2004) , The cost of domestic violence. Women and Equality Unit), ( SafeLives (2015 ), Getting it right first time: policy report), ( Golding, J. (1999 ), Intimate partner violence as a risk factor for mental disorders: a meta-analysis in ‘Journal of Family Violence’, 14 (2), 99-132.)

1.3 million

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  • / Review of policing domestic abuse during the pande...

Review of policing domestic abuse during the pandemic – 2021

Published on: 23 June 2021

The police responded proactively to protect victims of domestic abuse

The police were proactive in keeping people safe, police and partner organisations made good use of technology and innovated to support victims, delays and backlogs in the criminal justice system are a significant concern, investigative outcomes: the number of occasions when victims do not support police investigations is increasing, methodology, the scale of domestic abuse in england and wales during the pandemic, crime recording, domestic homicide, demand was high for specialist domestic abuse support organisations, the police worked proactively to keep people safe, investigations, maintaining contact and support, domestic abuse perpetrators, police and partners made good use of technology, the police and partners innovated to support victims, delays and backlogs in the criminal justice system are a very significant concern, the exceptionally low volume of domestic abuse cases resulting in a charge remains unacceptable.

  • Domestic Homicides – The National Policing Vulnerability Knowledge and Practice Programme working with the National Police Chiefs’ Council, the College of Policing and the Home Office
  • Domestic abuse during COVID-19 – developing a rapid police evidence base (June 2020–December 2021)

Responding to the shadow pandemic

Annex b: domestic abuse act 2021, annex c: definitions and interpretation, recorded crime and crime outcomes, annex e: domestic abuse reference group members, back to publication.

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This is the fifth in a series of thematic domestic abuse publications since our first report in March 2014, Everyone’s business: Improving the police response to domestic abuse . This review looks at how the police responded to the unique challenges the COVID-19 pandemic placed on preventing and responding to domestic abuse.

The United Kingdom entered the first national lockdown on 23 March 2020. Most of us were instructed to stay at home. This meant many Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse couldn’t distance themselves from their Abuser A person who causes harm or distress to another. " >abuser , safely contact the police for help or get support from family and friends. Forces started to work differently, recognising that the absence of a call to the police doesn’t imply absence of abuse and harm. Many forces adopted innovative new practices to check on the safety of Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse , finding new ways to ‘reach in’ to them rather than waiting for Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims to ‘reach out’.

We are pleased that policing recognised the risks to those who felt trapped in their own homes with their abusers and that it made sensible decisions on how to manage those risks. This review expands on the findings in our recent policing COVID-19 report , highlighting good practice and innovation. We have also made three recommendations aimed at ensuring forces continue to respond to the challenges of policing domestic abuse during the COVID-19 pandemic and beyond.

We are grateful for the collective focus by the police, domestic abuse organisations, charities, the National Police Chiefs’ Council lead for domestic abuse , the Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >Victims ’ Commissioner and Domestic Abuse Commissioner, the Home Office, the College of Policing , and academia on the issue of domestic abuse . Some of that activity is discussed in this review.

There can be little doubt that the restrictions imposed during the pandemic have put some Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse at greater risk. The police responded effectively in the most challenging of situations, adapting their practices, focusing on prevention and sharing ideas for new ways of working through well-established national arrangements. However, evidence suggests that this success was, at least in part, due to domestic abuse truly being prioritised during lockdown as the competing demands of other crimes, like burglary and night-time economy disorder, reduced with people staying at home.

It is intended that, in England, most remaining lockdown restrictions will ease during the height of the summer, a time when typically (along with other holiday periods) there is an increase in reporting of domestic abuse incidents. It is vitally important that police forces maintain their focus on protecting and supporting Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse as life returns to normal.

We have seen progress in important areas of the police response to domestic abuse , including the opening up of new channels enabling Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims to contact and interact with the police online. We applaud these innovations, many of which have led to a more tailored and timely police response. But we seek reassurance that the new ways of working are properly monitored and supervised – they must not become a shortcut to a less effective response to Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims .

We have significant concerns about the backlogs that have built up in the courts during the pandemic. Delays in cases coming to trial increase the likelihood of Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims disengaging from the criminal justice process, often out of frustration and despair. Failure to bring offenders to justice in a timely way means they have further opportunities to offend, increasing the risk of harm to Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and their families. The police cannot solve the issue of court backlogs, but others in the criminal justice system must do so rapidly. In the meantime, we expect the police to continue to take measures to safeguard Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims who are waiting for court hearings.

Not all Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse want or expect the police to pursue a criminal justice outcome, but all want the harm to stop. The police must use their powers appropriately and effectively. In earlier reports we have expressed concern about the number of reported domestic abuse crimes that the police decide to take no further action on. The situation has worsened considerably over the past five years, to the extent that on average the Police Now A charity that recruits and provides training for new entrants to the police service. " >police now decide not to continue to investigate three in every four domestic crimes reported to them. Many forces are unable to explain why these figures are so high and there is significant variation among forces. We have asked all forces to take immediate action to review their own position.

The murder of Sarah Everard in March 2021 was a catalyst for women concerned for their own safety and that of women and girls across this country. In the wake of the tragedy, the Home Secretary commissioned us to do a bespoke inspection; we will shortly be reporting on the effectiveness of the police response in keeping women and girls safe. We will revisit some of the areas in this review and those we have highlighted previously, assessing where the police need to redouble their efforts in supporting Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse and bringing offenders to justice.

Zoë Billingham

HM Inspector of Constabulary

Summary of findings

The COVID-19 pandemic heightened concerns for people living with fear and violence because of domestic abuse . Many forces told us that they quickly recognised domestic abuse Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and their families as a priority. Most forces made sure that they planned responses that would meet Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims ’ needs.

At first, the police were worried that there would be a large rise in domestic abuse incidents. This view was based on statistics from European countries that had been tackling the pandemic for longer.

Anticipating increased reporting of domestic abuse , forces prepared as well as they could. Many moved staff into domestic abuse investigation units so they could continue to respond effectively.

Many forces had fewer than usual reports of domestic abuse at the start of lockdown. But as time went on, reports returned to normal levels. There was an overall increase in first-time reporting. Incident levels were up by 4 percent at 18 May 2020 and 7 percent at 11 June 2020, with normal trends beginning as of 8 June 2020. Most forces were back to expected levels of domestic abuse crime and arrests at that time.

By contrast, specialist domestic abuse services have seen very large increases in calls to their helplines and online platforms, such as webchats. Several helplines reported more requests for emotional support, worries about controlling behaviour and escalating experiences of violence and abuse. There were also calls from Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims planning to leave their partner when restrictions eased and who needed support to do so. It is important that police forces understand that Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims are still reporting domestic abuse through other services, why Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims may choose to report in that way and how they can work with partner organisations and Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims to break down any barriers to reporting to the police.

Forces told us that they acted proactively in supporting Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse , for example, addressing the threat posed by repeat domestic abuse perpetrators by creating plans to mitigate threats posed by them. Many forces greatly increased their applications for Domestic Violence Protection Orders (DVPOs). Many were also proactive in contacting people who had previously reported domestic abuse and who were assessed as being at greatest risk of harm from further abuse because of being repeat Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims or as a result of the level of violence they had previously suffered.

While we saw an increase in arrests from a three-month snapshot during the first lockdown, overall, there is an annual downward trend. Forces should ensure that any changes in performance are recognised and understood through existing routine monitoring mechanisms. This will support forces to determine whether officers are using the most appropriate methods to protect Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of abuse.

Police and partner organisations also made some adaptions to the way in which they responded to domestic abuse . One such positive development was the move to virtual court hearings for DVPOs, which forces have reported as being more efficient than attending a physical court hearing. Under the DVPO scheme, police and magistrates have the power to ban a domestic abuse perpetrator from returning to their home or contacting the victim for up to 28 days after a domestic abuse incident. The process also provides a further window of opportunity for police and partner organisations to work together to protect Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims from future harm.

Although forces historically haven’t used a telephone-based initial response for domestic abuse cases, some chose to implement this process for ‘grade 3’ incidents (those not needing an immediate or priority response). This was in recognition of the need to continue to offer a response to all calls from Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims , at a time of reduced officer capacity and based on a threat, risk and harm assessment.

Some forces informed us that they had expanded the ways in which a victim could report a crime or contact police for advice. This included online reporting processes, web chats, video links and virtual waiting rooms, which Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims could log into and be connected to a specialist investigator.

While we welcome the increased options for Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims to make and maintain contact with police, and applaud forces for the rapid, innovative steps they took in difficult circumstances, we are concerned that online contact in all forms is not scrutinised through performance management and oversight in the same way as traditional reporting routes. Although a risk-assessed approach to phone-based domestic abuse response may be appropriate, we would urge forces to ensure this approach is reviewed regularly. Furthermore, any future innovative practice that is developed should have all appropriate safeguards and monitoring frameworks in place.

Recommendations

Recommendation 1

  • We recommend that if forces continue to adopt online contact methods in respect of victims of domestic abuse , they should immediately introduce an effective supervision and monitoring framework. The framework should assess the suitability of such contact methods, ensuring that victim needs are at the forefront of decisions around their use and appropriate onward action is taken in all cases.
  • We recommend that forces immediately review their use of a telephone‑based initial response to any domestic abuse incidents and crimes and ensure that it is in accordance with the strict parameters set out by the College of Policing .

The police work with other public services and organisations to keep domestic abuse Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims safe. In response to the COVID-19 pandemic, many of those involved moved to working from home. This meant they needed to establish new ways of communicating with Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and each other. Some organisations had to overcome problems with the compatibility of their technology with that of others. Importantly, meetings focused on sharing information between organisations for the protection of Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims , such as multi-agency risk assessment conferences (MARACs), continued to take place. Feedback also suggested that virtual meetings were better attended and more easily arranged, which in turn supported the ability to keep Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims  safe.

Forces used technology to manage the Domestic Violence Disclosure Scheme (DVDS) , also known as Clare’s Law. The DVDS has two functions:

  • ‘right to ask’: this enables someone to ask the police about a partner’s previous history of domestic violence or violent acts; and
  • ‘right to know’: third parties can make a request via this process, or police can proactively disclose information to a potential victim about a partner’s previous history of domestic abuse or violence.

The process helps the person receiving the Disclosure Providing the defence with any material that could undermine the prosecution or help the defendant’s case. Prosecutors and investigators are required to do this, to help guarantee the defendant’s right to an open and honest prosecution and a fair trial. " >disclosure to make informed choices about continuing a relationship and about their personal safety, even after the relationship ends.

Disclosing information could now be done securely online, where previously it had to take place at a police station. So the pandemic did not prevent this important tool from being used to prevent future offending.

The need to keep in contact with Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims has never been more important as during the pandemic. Many forces told us that they worked with other domestic abuse organisations and businesses to create safe spaces. This meant that domestic abuse Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims could report abuse online or go to designated locations without being put at greater risk from their abusers.

Some forces gave Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims safety equipment such as doorbell cameras.

Forces adapted rapidly to a changing pattern of criminal behaviour. They moved staff to work on areas of greater risk, like domestic abuse and managing virtual remand court hearings, which was viewed by criminal justice partners very positively. However, this was not without difficulties, such as financial constraints, resourcing issues, the lack of an efficient court scheduling tool, and detainees being held in police cells for an extra 16–24 hours rather than being transferred to court cells. The challenges described above mean that most forces have been unable to continue with virtual remand hearings.

Many forces told us that delays in getting Crown Prosecution Service (CPS) advice for some domestic abuse cases meant Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims were potentially exposed to further risk of harm. In some cases, Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims withdrew their support for prosecution. While withdrawal of support is not new, it was exacerbated due to the delays.

According to the report Impact of the pandemic on the criminal justice system – A joint view of the criminal justice chief inspectors on the criminal justice system’s response to COVID-19 , time from charge to trial greatly increased in 2020. This created more opportunities for re-offending and increased risk of harm to Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and families. Until we have the results of investigations and court hearings that arose in the pandemic, we won’t know the true impact of these delays.

Recommendation 2

We recommend that forces immediately review their capacity to provide ongoing support and safeguarding to victims of domestic abuse whose case is awaiting trial at court. This should:

  • ensure there are sufficient resources available to maintain contact with victims to keep them up to date with the progress of their case; and
  • enable the offer of access to specialist support services as well as opportunities to address concerns victims may have regarding continuing to support a prosecution through the delays.

In cases of domestic abuse , it is sadly not uncommon for Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims to feel unable to support police action and this can be for a variety of reasons. It is also important to recognise that when Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims make a call to the police, not all are seeking a criminal justice outcome. In many cases they simply want the abuse to stop.

In the 12-month rolling period up to March 2020, we found that on average 54.8 percent of domestic abuse cases were discontinued for this reason ( Outcome 16 A Home Office classification used by the police to describe the finalisation of an investigation where the suspect was identified, but the victim doesn’t support (or has withdrawn support for) police action. " >outcome 16 ). There is huge variation between forces, with between 36 percent and 71 percent of cases having this outcome. There are different reasons why cases fail. For example, a victim may be reluctant to give evidence, due to fear of having to relive their experiences or of reprisals from the perpetrator and/or their family. They may simply not have faith that a positive outcome will occur. In these instances, there may be sufficient other evidence to enable police to proceed on an evidence-led basis. However, this will not always be the case.

We have reported previously that officers appear to have a working knowledge of what is needed to prosecute on an evidence-led basis, but that there were still cases that could have been progressed in this way that were discontinued.

There are times when there is insufficient evidence even with the support of the victim ( Outcome 15 A Home Office classification used by the police to describe the finalisation of an investigation where the suspect was identified and the victim supported police action, but evidential difficulties prevented further action. " >outcome 15 ). In the same 12-month period, on average 20 percent of cases did not proceed due to evidential difficulties but where a victim did support the prosecution.

While we acknowledge that there will be crimes whereby there is no possible means by which to take a case forward to charge, we remain concerned at forces’ unacceptably high use of Outcome 16 A Home Office classification used by the police to describe the finalisation of an investigation where the suspect was identified, but the victim doesn’t support (or has withdrawn support for) police action. " >outcome 16 . It is even more disturbing that, when combining rates of the use of Outcome 15 A Home Office classification used by the police to describe the finalisation of an investigation where the suspect was identified and the victim supported police action, but evidential difficulties prevented further action. " >outcome 15 and Outcome 16 A Home Office classification used by the police to describe the finalisation of an investigation where the suspect was identified, but the victim doesn’t support (or has withdrawn support for) police action. " >outcome 16 , on average 75 percent of cases are discontinued by police, leaving Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims at potential risk of further harm.

It is imperative that forces collect and understand their data in this area to improve their understanding of why so many cases are finalised in these ways, and whether those outcomes are appropriate. Additionally, they should determine whether more can be done to connect Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims who are particularly scared or vulnerable with specialist support services. This may increase the likelihood of Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims continuing with the legal process and may also support the prevention of future harm.

We will continue to monitor these points closely within our PEEL inspection framework and our violence against women and girls thematic inspection this year.

Recommendation 3

We recommend that all forces immediately review their use of outcome 15 , outcome 16 and evidence-led prosecutions. This is to ensure that:

  • domestic abuse investigations guarantee all attempts to engage victims are explored, and that all possible lines of evidence are considered so that in all cases the best possible outcomes for victims are achieved;
  • there is regular and effective supervision of investigations that supports the above point to be achieved; and
  • the use of outcomes 15 and 16 is appropriate, and the reasons for using them, including auditable evidence of victim engagement, are clearly recorded.

This review is based on several sources of information, as detailed below.

In July 2020, we announced our intention to inspect the police response to the COVID-19 pandemic. That inspection looked at what happened from March to November 2020, focusing on preparedness and the wider response to policing during the pandemic.

After that inspection, we published a thematic report, Policing in the pandemic – the police response to the COVID-19 pandemic during 2020 .

To understand the response to domestic abuse during this period, we reviewed the information that all 43 forces gave us through a self-assessment questionnaire as part of the COVID-19 inspection (put simply, what they told us was happening). We also carried out more detailed inspection in 19 forces, most of which we did remotely.

We wanted to ascertain how lockdown restrictions affected:

  • the way in which Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims contacted the police or other organisations for help and support;
  • forces’ ability to respond effectively to risk;
  • the data reflecting the prevalence of domestic abuse ;
  • whether criminal justice processes were affected (in terms of closures of buildings and courts);
  • how organisations worked effectively together to safeguard Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and their families; and
  • the innovations that developed to make sure systems and processes could continue effectively.

We also reviewed the Home Office police-recorded crime and outcomes data tables for the 12 months to 31 March 2020. And we used information from specialist domestic abuse services highlighting ‘the victim’s voice’. This is referenced in the 2020 Women’s Aid report, A perfect storm .

A domestic abuse expert reference group advises on, and informs, our work relating to domestic abuse . The group includes representatives from the police service, police and crime commissioners, the College of Policing , the Home Office and the voluntary sector. We have tested out the early findings of the review with the group. We list the members of the group in Annex E.

Our findings

The United Kingdom entered the first national lockdown on 23 March 2020, until 10 May 2020. At that time, in a televised address we were instructed to stay at home. This presented an acute set of new circumstances for policing to work within. For  domestic abuse , this meant people were trapped at home, and usual support mechanisms were unavailable or could not be provided in the same way.

Unlike in some European countries, the large increase in reports to police of domestic abuse incidents didn’t happen in England and Wales. But domestic abuse organisations reported very significant increases in contact for help at the start of the COVID-19 pandemic, which has continued. People made contact for various reasons. Many used helplines for the first time to get support, either for themselves or on behalf of a relative or friend.

At the time data was collated for this review, except for controlling or coercive behaviour, domestic abuse wasn’t a specific criminal offence. This changed on 29 April 2021, when the Domestic Abuse Act 2021 was enacted. Before this, forces recorded offences that related to domestic abuse under the respective offence that had been committed (for example, assault with injury). The true prevalence of domestic abuse is challenging to understand, and estimates vary depending on the source of the information.

In the 12 months to March 2020, the police service in England and Wales received approximately 1,150,000 domestic abuse calls – an average of 130 calls an hour.

In an average 24-hour period there around 3,100 domestic abuse calls. Control room staff recorded approx. 3,000 incidents and 2,200 crimes.

Domestic abuse -related crime constitutes 1 in 6 (15 percent) of all crime recorded by the police in England and Wales and over a third (35 percent) of all recorded violence against the person crimes.

The Office for National Statistics recorded that only 1 in 5 incidents of domestic abuse were reported to the police in 2017. This figure was taken from the Crime Survey for England and Wales (CSEW). The data held by the police can therefore only provide a partial picture of the actual level of domestic abuse experienced in England and Wales. Similarly, CSEW data should not be viewed in isolation. The estimates from the survey show a higher level of domestic abuse , in terms of the number of Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims , than other data sources. Therefore, while the CSEW provides the best available estimate of trends in the prevalence of domestic abuse , this may not match trends in administrative data sources and therefore an accurate picture of demands on the police, the criminal justice system or service provision cannot be produced.

What we do know is that many cases won’t enter the criminal justice process and that it is too soon to say whether the pandemic has affected reporting levels.

Since the publication of Everyone’s business in 2014, there has been a 181 percent increase in the number of domestic abuse -related crimes recorded by police forces in England and Wales. In the 12 months to 31 March 2020 (compared with the 12 months to 31 August 2013), the volume of recorded crime increased from 269,700 to 758,941.

The tables below highlight the changes in domestic abuse recording since the last thematic inspection report in 2017 .

Table 1: Changes in domestic abuse recording in England and Wales from March 2016 to March 2020

Table 2: Changes in domestic abuse -related crime as a proportion of total crime and of other crime types in England and Wales from March 2016 to March 2020

Source: HMICFRS data collection

Please note that the ‘Change since 2017’ column in the tables above calculates changes in the number of crimes using percent, and changes in the proportion of crimes using percentage points

The gap between what is reported in the CSEW and the police-recorded crime data has decreased, indicating that the changes could be due to increased reporting rather than an increase in offending. An increase in reporting as opposed to offending is positive.

While police-recorded crime data showed an increase in offences that were flagged as being domestic abuse -related during the pandemic, and we anticipated a rise in domestic abuse calls, we cannot attribute the rise solely to the pandemic. It also highlights that the work undertaken by forces in developing their approaches to tackling domestic abuse and engaging with Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims has been beneficial in increasing confidence to report.

However, as this review highlights, there are areas that still require further focus and improvement.

Figure 1: Domestic abuse as a percentage of recorded crime by force, 12 months to 30 September 2020

domestic violence cases uk 2021

Police-recorded crime data showed an increase of 7 percent in offences that were flagged as being domestic abuse -related compared with the same period last year. Greater Manchester Police was unable to provide data for 2020.

Some forces bucked the trend and reported higher levels of domestic abuse ; for very few there was a decrease. West Midlands Police reported an increase of more than a third. This may be due to several factors, and the force has told us that it believes some of those may be:

  • clear communication from police and partner organisations about support;
  • increased accessibility through online reporting; and
  • a reduction in the availability of support services.

London’s Metropolitan Police Service received a total of 41,158 calls for service for domestic incidents between 25 March and 10 June 2020. This is a 12 percent increase compared with 36,727 calls over the same period in the previous year. The weekly number of calls from Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims remained at similar, sometimes lower, levels to the previous year. However, there were large increases in calls from third parties.

In several forces there was a reported increase in Stalking Fixed, obsessive, unwanted, and repeated behaviour directed by one person to another. The behaviour can engender fear and distress in the victim. See offences under sections 2A and 4A of the Protection from Harassment Act 1997. Examples of the types of behaviour that may be displayed in a stalking offences are given in section 2A(3) of the Protection from Harassment Act 1997, and include: following a person;<br/> contacting, or attempting to contact, a person by any means; and<br/> monitoring the use by a person of the internet, email or any form of electronic communication.<br/><br/> " >stalking or Harassment Causing alarm or distress and/or putting a person in fear of violence; it includes the offence of stalking, either in person or through other means of communication. It is defined in sections 2 and 4 of the Protection from Harassment Act 1997. High-risk harassment means it is likely that a victim will be subject to an incident that is life-threatening and/or traumatic, and recovery, whether physical or psychological, can be difficult or impossible. " >harassment cases. For example, North Wales Police told us that it experienced an increase of almost a third.

Some forces reported increased cases of adolescent to parent violence and abuse. Although the numbers were low, the cases are still troubling, and forces need to be alert to this in developing approaches to domestic abuse .

Since the introduction of COVID-19 restrictions, some forces and domestic abuse organisations rightly expressed concern that COVID-19 restrictions might increase the prevalence of domestic homicide.

Existing arrangements to examine and report on domestic homicides can take many months or even years. It was important for forces to quickly establish emerging patterns and where possible take preventive action. To address this, the National Policing Vulnerability Knowledge and Practice Programme developed a project in collaboration with the National Police Chiefs’ Council (NPCC), the College of Policing and the Home Office.

The project, established in August 2020, counted deaths from the start of the first lockdown restrictions in England and Wales. Its aim was to design and implement a national pilot to better understand domestic homicides in England and Wales during the COVID-19 pandemic.

The project sought to understand:

  • the true scale and nature of domestic homicide deaths during the pandemic compared with previous years, and whether any increase was related to lockdown;
  • rapid learning for police as to how they might predict, intervene or manage risks to prevent homicide (by examining domestic homicide deaths); and
  • typology of perpetrators and to what extent they were already known to police, to inform interventions to prevent homicide.

Early findings from November 2020 show that most domestic homicides are still carried out by a current or former partner (50 percent). Victim suicide following domestic abuse was the second most common type (20 percent). Adult family homicide and Child A person under the age of 18. " >child deaths accounted for 13 percent and 12 percent respectively.

However, there was no apparent rise in the overall number of domestic homicides based on data from previous years.

Further information about the methodology of this important project can be found in Annex A.

The final report is due in early summer 2021. For more information on this work, contact the DH project team .

Specialist domestic abuse services have had very large increases in calls to their helplines and visits to their online contact points (such as webchats). This was particularly the case as lockdown measures eased. Several helplines reported increased requests for emotional support, escalation in violence and abuse, and worries about controlling behaviour.

Refuge, which manages the National Domestic Abuse Helpline (NDAH) in England, reported that there was a 61 percent increase in calls up to February 2021 compared with the 2019/20 baseline. Increase in calls for support doesn’t necessarily indicate an increase in the number of Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims . It could be an increase in the severity of abuse being experienced and a lack of available ways of coping (such as the ability to leave home to escape the abuse or attend counselling).

Refuge’s helpline calls from January to December 2020 showed that 24 percent of women had been stalked, 40 percent had been subject to economic abuse, 58 percent subjected to physical violence and 81 percent reported being controlled by their partner. There were also calls from Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims who were planning to leave their partner when restrictions eased, and who needed support to do this.

Between March and November 2020, there was an overall increase of 49 percent in new referrals to the helpline. Calls levelled out at approximately 50 percent higher than pre-COVID-19 averages (Office for National Statistics data, November 2020).

For the period 1 April to 31 December 2020, the number of calls and contacts that staff logged on the helpline’s database (both incoming and outgoing) increased by 34 percent against the same period the previous year. The team increased the number of responses/support offered to women by 22 percent compared with the same period last year. This data was taken from the 2020 Women’s Aid report, A perfect storm .

During this period, the helpline’s advisers made 3,785 referrals to emergency refuge accommodation; 72 percent of calls were from Survivors An alternative term for victims of crime that may be seen as a better reflection of people who have survived or experienced an ordeal (for example, rape and serious sexual violence, honour-based violence, forced marriage or female genital mutilation). Some support agencies and victims of crime prefer this term as it can feel more empowering to those who have experienced and are in recovery from these types of crime. " >survivors , 10 percent were from professionals and 11 percent were from third parties. The proportion of calls from third parties was at its highest level during the first national lockdown. Analysis of the calls shows an increase in complexity, severity and diversity, which has increased the average call duration. Safeguarding Protection of an individual’s health, well-being and human rights, enabling them to live free from harm, abuse and neglect. " >Safeguarding referrals from the helpline also increased significantly.

The trend of an increase in the number of young people (16–24 years old) contacting the service also continues, with more than a 50 percent increase on figures for this demographic from 2019/20.

The highest call volume was in May 2020. The lowest was in December 2020. There were higher call volumes during the summer months and the second national lockdown in England.

The NDAH’s new digital platform offers information and support for Survivors An alternative term for victims of crime that may be seen as a better reflection of people who have survived or experienced an ordeal (for example, rape and serious sexual violence, honour-based violence, forced marriage or female genital mutilation). Some support agencies and victims of crime prefer this term as it can feel more empowering to those who have experienced and are in recovery from these types of crime. " >survivors and those who support them. It received 712,426 visits during the period 1 April to 31 December 2020. There were about 10,500 visits per month in the first three months of 2020, but an average of 73,595 per month between April 2020 and February 2021 – a seven-fold increase.

In Wales, the national Live Fear Free Helpline is run by Welsh Women’s Aid (commissioned by the Welsh Government). Since it launched its new ‘live chat’ service on 5 May 2020, 3,397 live chats have taken place.

A June 2020 survey by Women’s Aid found that 93.5 percent of Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims living with an Abuser A person who causes harm or distress to another. " >abuser said COVID-19 had affected their experience of abuse in more than one way. The ways included an increase in abuse or the level of violence, or the Abuser A person who causes harm or distress to another. " >abuser flouting government guidance and putting the victim at risk. Women’s Aid included the results of its survey in its 2020 report, A perfect storm .

On 3 February 2021, the Domestic Abuse Commissioner gave evidence to the Home Affairs Select Committee, giving some detail and context to the rise in demand. The Commissioner stated that before the pandemic the NDAH helpline’s staff experienced that callers were mostly looking for understanding, validation and emotional support. Now, the helpline staff are taking on complex cases where experiences of domestic abuse are compounded (and exacerbated) by stress and distress due to several factors: continuous lockdowns, increased isolation and worries about housing, income issues, escalating mental health issues, and the lack of – or limited access to – other crucial support services (such as health services).

This increase in demand also affected refuge provision. Data from Women’s Aid shows that in May and June 2020 it saw around a 50 percent reduction in the number of refuge vacancies available in England in comparison with same period in 2019, showing that easing of lockdown had a clear impact on demand for refuge spaces.

Making and encouraging contact

It was important that forces considered proactive contact with Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims who were isolated in their own homes, often with their perpetrator, to encourage them to seek support from police and partner services.

Many Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims felt scared or unable to safely contact the police. This was particularly difficult for Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims while lockdown restrictions were in place. This section covers the ways in which many forces tried to contact those Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims .

Police-led campaigns

The domestic abuse sector lobbied to secure changes to the Health Protection (Coronavirus Restrictions) (England) Regulations 2020 to specifically enable Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims to leave their home and seek support, which was accompanied by a Home Office national awareness raising campaign #YouAreNotAlone.

Most forces developed media campaigns alongside this. They included poster, radio and billboard campaigns, all offering reassurance to Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and promoting the national Silent Solution 55 system for emergency contact. Under the system, a 999 caller who is too scared to speak or make a noise can press 55 on their mobile phone when prompted. This informs the police that the call is a genuine emergency. The system is potentially lifesaving and is well established in the UK. But it is only effective if the public know and understand how it works.

Since the onset of the COVID-19 pandemic in the UK, the chief constable of Kent Police has had a regular slot on BBC Radio Kent to talk about issues affecting the public, including domestic abuse . The following excerpt is taken from a letter received by the radio station about the effect of that input and how valuable the police response is.

Dear Anna Listening to you talking to the Chief Constable regarding domestic abuse call outs I felt I had to respond on behalf of my daughter. She unfortunately had to use this service and I would like you to pass on my thanks to the Chief Constable for the amazing help throughout the whole procedure. His officers were a credit to the force and are still providing help and guidance, not easy in Covid restrictions. Thank you for your coverage of this distressing subject which affects the whole extended family.

Many forces told us that some Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims at high risk of domestic abuse who were classified as such before the lockdowns didn’t appear to report abuse to the police during those periods.

Conversely, in the standard and medium categories of risk, the police received an increase in calls from Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims who were reporting abuse for the first time.

It was recognised by many forces that a different method of engaging Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims was needed, including consideration of joint initiatives with businesses that Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims might have greater opportunity to engage with. After the initial lockdown, several forces worked with hairdressers and barbershops to promote an understanding of the signs of abuse. It was recognised that these were services that might be accessed by Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and where trusted relationships may exist that could enable a victim to feel confident disclosing abuse and discussing how to access support. The approach was based on the #CutItOut campaign first developed in Norfolk in 2017 after the death of Kerri McAuley.

Cleveland Police did a mass text messaging activity. This involved the force contacting some of its existing Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims at high risk of domestic abuse (after analysing telephone numbers to make sure they were secure). The text messages gave details of how to contact the police and how to use the Silent Solution 55 system.

Suffolk Constabulary contacted more than 600 previous domestic abuse Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims by telephone to offer reassurance, provide information about support services and encourage them to report further incidents. In recognition that due to lockdown restrictions it may be more likely that the perpetrator would be at home with the victim, a call script was used to help reduce risk. This enabled the victim to explain without arousing suspicion that they were unable to speak, but it also provided a rationale for the call if it was answered by the perpetrator.

As part of Operation Fortify, Northumbria Police telephoned medium-risk Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims who had been in regular contact with the police before lockdown, and who hadn’t come to police attention since lockdown began. The police disguised the calls as follow-up welfare calls and offered support and help. Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >Victims gave feedback to the force, saying the calls had made them feel reassured and safer, knowing they hadn’t been forgotten and that the police were easily accessible.

Kent Police worked with important organisations such as education, social services, Refuge, a MARAC and an independent domestic violence adviser (IDVA) . They identified three different groups based on criteria such as frequent callers who hadn’t contacted the police in lockdown, repeat Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and families with children. Specialist domestic abuse officers then carried out proactive visits to those groups. The force reported that 330 visits were favourably received by families. The force is continuing this activity.

Many forces have worked to create safe spaces in a variety of community locations where Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims can report incidents or speak with specialist support staff.

National campaigns

Hestia’s ‘UK says no more’ is a national campaign focused on raising awareness of, and preventing, domestic abuse and sexual violence. It partnered with Boots UK, Superdrug, Morrison’s and independent pharmacies across the country to provide Safe Spaces in their consultation rooms for people experiencing domestic abuse . These Safe Spaces increased the opportunity for Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse to access specialist support, providing a space for them to phone a helpline, contact a support service or talk to a friend or family member.

Hestia also runs the Bright Sky app in collaboration with the Vodafone Foundation. The app is free to download and can support people to assess the safety of a relationship and provides a directory of specialist domestic abuse support services. Evaluation of the app is being conducted by London Southbank University. A six‑month evaluation report has already been published, which shows a 52 percent increase in the download of the Bright Sky app for the six months following 23 March 2020 compared with the same period the previous year.

In 2020, the government hosted the Hidden Harms Summit. It focused on tackling crimes such as domestic abuse , sexual abuse , Child A person under the age of 18. " >child sexual abuse and modern slavery, all of which may have worsened during the lockdowns. At the summit, the government announced a codeword scheme for Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse . Launched on 14 January 2021, the scheme is run by the Home Office and supported by the independent Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >Victims ’ Commissioner and Domestic Abuse Commissioner, and specialist domestic abuse services. Under the scheme, Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims can signal to staff in participating outlets (such as supermarkets and pharmacies) that they need immediate support by using the codeword ‘Ask for ANI’. ‘ANI’ stands for ‘assistance needed immediately’. This will alert staff to the fact that the victim needs an emergency police response or help to contact a domestic abuse specialist support service. Through the weekly NPCC, College of Policing and the Domestic Abuse Commissioner conference call, this innovative practice was shared and promoted in all force areas. The scheme is currently being evaluated through Ipsos MORI.

Calls for service

Most forces use the THRIVE system in their control rooms. This is a structured way for call handlers to assess the threat, harm and risk to a caller. It also helps call handlers to determine the vulnerability of the victim, the type of response needed and any action officers should take at the scene to help the investigation.

The THRIVE model allows forces to tailor their service to the individual needs of each victim. It also helps staff decide how best to deal with a call. We support this approach.

Many forces described how their approach to calls for service hadn’t changed during the COVID-19 pandemic. They continued to use the THRIVE system for all calls. Some forces gave briefings and extra training to officers and staff. This training emphasised the risk from hidden harm and the need to be professionally curious when attending incidents, especially during the period of pandemic restrictions.

Figure 2: Domestic abuse crimes per 1,000 population per police force, 12 months to 30 September 2020

domestic violence cases uk 2021

Source: HMICFRS data collection. See Annex D regarding the collection of data

Some forces added extra questions to assess the risk posed in responding to calls for service. These allowed them to determine personal protective equipment requirements or the suitability of remote deployment. (Remote deployment, remote resolution or remote investigation is where a force has deemed that the risk to a victim can allow the investigation to be conducted remotely, without the need for attendance to speak to the victim in person.)

Gloucestershire Constabulary introduced a vulnerability car, staffed by experienced and specially trained staff. They responded to (and supported) local policing teams who attended to vulnerable Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims , with a focus on domestic abuse Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims .

In some areas of Devon and Cornwall, police provided an unmarked car. A trained specialist domestic abuse officer and an independent domestic violence adviser (IDVA) used the car at times of highest demand for domestic abuse incidents. The IDVA supported Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims , allowing officers to gather evidence and do a thorough risk assessment .

Northumbria Police introduced domestic abuse specialist support advisers. Their role is to telephone Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and give immediate advice and support. They also gather further information to inform risk assessments, establish any immediate or short-term needs, and ensure appropriate referrals.

Initial response

The below chart highlights that the number of arrests for domestic abuse has risen consistently since January–March (‘Q4’) 2018/19 and rose significantly during the first phases of the pandemic in England and Wales.

Figure 3: Number of arrests for domestic abuse in England and Wales

domestic violence cases uk 2021

Most forces made sure that when Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims called for help, the response provided was appropriate to the risks identified in the THRIVE assessment. If that meant attending a victim’s house quickly and apprehending a perpetrator, they did so. This is supported by data showing that there was a 15 percent increase (+8,748) in arrests from April to June 2020 (66,381 arrests) compared with the same period the previous year (57,633 arrests).

Domestic abuse arrest and prosecution rates increased between 2013 and 2016, when they reached an all-time high. They then plateaued and fell when acquisitive crime like burglary, robbery and car crime experienced a resurgence after more than 10 years of reductions. The increase in other crimes presented forces with a greater challenge in terms of prioritising their resources, but it is unacceptable if the fall in domestic abuse arrests and prosecutions was because of these crimes being treated as less important.

In general, forces recognised that domestic abuse may increase during lockdown and that therefore they needed to be proactive in responding to calls for support. In addition, most forces reported a reduction in some crimes, such as burglary and theft. This meant police were able to focus staff on investigations involving vulnerability, like domestic abuse .

Theft crimes decreased by 20 percent (−2,578) from April to June 2020 compared with the same period in 2018. Shoplifting crimes decreased by 30 percent (−1,561) and burglary crimes decreased by 32 percent (−2,173 offences). The below chart highlights the changes in these crimes over time from 2017 to Q2 2021.

Figure 4: Number of theft, shoplifting and burglary crimes in England and Wales

domestic violence cases uk 2021

In some cases where a fast response wasn’t necessary, forces developed ways to contact Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and conduct enquiries remotely.

We are aware that there is not a consistent approach to domestic abuse across all forces. And there are inconsistencies in investigations and officers’ understanding of domestic abuse and coercive control.

Of those women currently experiencing domestic abuse and who took part in the Women’s Aid study, 17.6 percent (13 out of 74) reported one or more incidents to the police during lockdown. Some of the comments describing their experiences referred to lack of follow-up from police or delays in arresting and charging (see A perfect storm ).

“The police investigation is ongoing, but there have been delays because of the virus. My ex was due to be questioned, but this hasn’t happened yet.”

Others were critical of the level of understanding of domestic abuse shown in police responses:

“They made me feel like the criminal, asking why I haven’t left, like it was my fault. No matter what he does to me now, I’ll never ring them again.”

During the pandemic, the police changed the way in which they investigated crime. Officers had to consider social distancing, holding interviews with suspects in enclosed rooms, the wearing of personal protective equipment and methods of communicating with Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims remotely rather than in person. These considerations added to the existing difficulties in managing investigations, such as gaining the confidence of the victim, supporting them through the investigation and collecting evidence to support a prosecution.

In recognition of this, the NPCC lead for criminal justice worked with the Crown Prosecution Service (CPS). They advised forces about the viability of officers obtaining initial accounts through online communication where attendance at scenes wasn’t possible.

Most forces reviewed their caseloads of domestic abuse crime during the pandemic. This review helped them to update Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims about the progress of investigations and inform them of local support services.

Kent Police told us that it wanted to reassure itself that it maintained the quality of domestic abuse investigation during the pandemic. In May 2020, the force carried out a domestic abuse internal inspection. It examined ten domestic abuse calls and crime reports from each policing area following the March lockdown. It looked for any notable changes in working practices, other organisations’ involvement, Safeguarding Protection of an individual’s health, well-being and human rights, enabling them to live free from harm, abuse and neglect. " >safeguarding or service provision. Most investigations it reviewed were approached in the same way as cases before the pandemic.

Sussex Police created a local resolution team of specialist officers and staff to deal with standard-risk domestic abuse cases. The team conducts virtual interviews with Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims by using discreet video conferencing technology. This helps officers to speak with Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims face-to-face while listening to their reports. The team gives Safeguarding Protection of an individual’s health, well-being and human rights, enabling them to live free from harm, abuse and neglect. " >safeguarding advice during the initial stages of an investigation. This approach hasn’t yet been evaluated.

Forces told us that online contact from the public increased during the pandemic. The public’s ability to choose its preferred contact method is now better (and more widely) publicised than before the pandemic. It is important that, from their very first contact, Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims feel supported and safe while an investigation is underway.

Forces have reported contact methods such as Facebook and other social media platforms, surgeries, online chats and webinars as being hugely successful. Forces that are adopting these alternative contact methods include Cumbria Constabulary, Cambridgeshire Constabulary, Greater Manchester Police, Cheshire Constabulary and Derbyshire Constabulary.

Several forces also tried to target their social media campaigns to specific groups of people who may be at higher risk of domestic abuse . They include those who live with their perpetrator, are repeat Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims or can’t make contact to get support.

Forces adopted other digital solutions for contacting Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims . For example, Bedfordshire Police introduced secure links to facilitate face-to-face video calls.

Nottinghamshire Police moved the follow-up visits for Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims at medium risk of domestic abuse from its neighbourhood policing teams to its research and insight team. That team could telephone Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and guide them to support services. Some early evaluation showed that between May and October 2020, the team contacted 676 domestic abuse Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims by telephone or letter. This ensured the Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims had details of any support services that might be able to help them following the report to the police.

Several forces contacted previous Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims by telephone, text, email and newsletter to offer reassurance and advice.

We welcome the increased choices for Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims to maintain contact. And forces should be applauded for the rapid, innovative steps they took in difficult circumstances. But we are concerned that online contact is not scrutinised through performance management and oversight in the same way as traditional reporting routes.

Forces have adapted through necessity. But online approaches need to be evaluated, with support from the College of Policing , before they are adopted long term as normal procedure for domestic abuse . It is important that Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims ’ experiences are considered. Some Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims who are unable to access digital communication will not have this option, so face-to-face contact must always be an option. The consequences of these approaches also need to be fully understood; for example, where an investigation has been less than thorough, or where it wasn’t possible to adequately assess the risk posed to the victim.

  • We recommend that forces immediately review their use of a telephone-based initial response to any domestic abuse incidents and crimes and ensure that it is in accordance with the strict parameters set out by the College of Policing .

In response to the pandemic, most forces told us they had identified perpetrators who posed the greatest risk of harm. They did this by looking at factors such as the recency, frequency and gravity of the domestic abuse incidents. They then intervened with these offenders to prevent further harm. Examples are given below.

Perpetrator programmes

Some forces made visits to known perpetrators, which were conducted as safely as possible bearing in mind the COVID-19 guidance about social distancing. South Wales Police and the perpetrator-focused Drive programme worked with probation services, targeting those who had previously been convicted and released for domestic abuse offences and who were on licence. Being on licence means that a person is still serving a prison sentence, but they can live in the community rather than in prison. They must follow certain rules, the duration of which depends on the length of the sentence. If the rules are broken, the person may be returned (‘be recalled’) to prison.

In Cambridgeshire Constabulary, the CARA ( Cautions A form of warning that can be given to anyone aged 10 or over, usually for minor crimes. The person has to admit committing an offence and agree to be cautioned.There are currently two types of cautions used for adults: simple and conditional.A simple caution is a formal notice issued by a police officer that warns a person not to re-offend, and about what could happen if they do. It is used in cases where it isn’t in the public interest to prosecute the person who has offended. This usually relates to relatively low-level offending.A conditional caution sets specific conditions that the person is required to keep to. If the person doesn’t comply with the conditions, then the police may choose to recommend prosecution. It is likely to be used in cases where prosecution isn’t in the public interest, but the police consider that specific actions are required. This may be to reduce the likelihood of further offending, to protect a specific victim, or where previous out-of-court disposals haven’t been effective. " >Cautions and Relationship Abuse) programme aims to rehabilitate domestic abuse offenders. The programme changed from a group session to one-to-one sessions, held virtually or by telephone. The constabulary told us that feedback from Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and practitioners suggests this change has been positive. Perpetrators have become more involved, due to working alone with practitioners.

Derbyshire Constabulary created the MARAC+. This involves a team of officers reviewing all serial and repeat domestic abuse data. They determine which Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and perpetrators need enhanced intervention. A multi-agency response then makes the intervention.

Dyfed-Powys Police piloted a domestic abuse perpetrator scheme that was developed with academia. It is intended to educate and divert non-convicted perpetrators away from domestic abuse . The force carried out the scheme remotely and online. On completion of the pilot, the force will publish its results and an evaluation.

Integrated offender management

Integrated offender management is a multi-agency approach to tackling persistent offenders who commit a lot of crime, causing damage and harm to individuals and communities.

South Wales Police told us that it linked activity between domestic abuse investigation, Safeguarding Protection of an individual’s health, well-being and human rights, enabling them to live free from harm, abuse and neglect. " >safeguarding units and integrated offender management. It did this by introducing referral methods. The force referred more domestic abuse perpetrators with complex needs (over and above the existing integrated offender management domestic abuse group) for early intervention and online diversionary work.

For the South Wales programme, prevention is the priority. This is followed by early intervention, reducing repeat victimisation and then escalation through the criminal justice system if no other method is successful. In December 2020, the force created an online intervention programme for low-risk domestic abuse perpetrators. As it has been commissioned as a two-year pilot, there isn’t yet an evaluation.

Greater Manchester Police and local probation services gave the offender management teams a list of domestic abuse perpetrators who they considered to be of concern. The list, which was outside of the usual group, triggered home visits. The police conducted visits to assess likely re-offending throughout the lockdown period. The visits also served as a Safeguarding Protection of an individual’s health, well-being and human rights, enabling them to live free from harm, abuse and neglect. " >safeguarding check on vulnerable Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and children.

Nottinghamshire Police’s neighbourhood teams focused on perpetrators and the use of perpetrator-centred orders. These are court orders, such as the DVPO, or a domestic abuse perpetrator programme. They can be issued as part of a court sentence. There has been some limited evaluation of Nottinghamshire Police’s scheme, through measuring the number of Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims applying to support services. The number has increased. The full impact of this scheme on victim involvement and enforcement against perpetrators hasn’t yet been assessed.

In Manchester city centre, Operation Mantle involves plain-clothed officers proactively identifying and talking to perpetrators and potential vulnerable Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse . This is a multi-agency operation. It includes volunteer organisations such as the Village Angels, Student Angels and Street Pastors.

Reducing risk by managing perpetrators

The number of domestic violence remedy orders showed a mixed picture. From mid‑April to the end of June 2020, both the weekly number of non-molestation applications and the number of orders granted were above the pre-lockdown starting point.

A non-molestation order prohibits a person (the respondent) from molesting the person who is applying for an order (the applicant) or a related Child A person under the age of 18. " >child . The order is to protect the person who is applying for it from the respondent’s behaviour. Most non-molestation orders are issued outside of criminal proceedings by the family court, so the police would not be involved at this stage.

The weekly number of occupation orders granted between March and the end of June 2020 was generally below the pre-lockdown starting point. An occupation order is a court order that specifies who can and can’t live in a property as a way to protect Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse (not only physical abuse but also other forms such as emotional or financial abuse).

Due to the protracted period courts were closed during lockdown, the number of protective order applications will have reduced.

Domestic Violence Protection Orders and the Domestic Violence Disclosure Scheme

During the first lockdown, most courts closed. However, Her Majesty’s Courts and Tribunal Service (HMCTS) agreed that applications for DVPOs could continue virtually through the remand courts. The CPS and courts prioritised applications for DVPOs. Many forces reported that making DVPO applications remotely was more efficient, and that they would continue to do this beyond the pandemic.

The police service recognised that DVPO powers to eject a potentially violent perpetrator from the home conflicted with the government’s advice on self-isolation and the message “You must stay at home”.

The Home Office addressed this issue in conjunction with local authorities and housing providers. It issued specific advice:

If a suspect is ordered to leave premises (DVPN/O or Bail An alternative to custody. Types of bail include: pre-charge bail or police bail, imposed by the police, when there isn’t sufficient evidence to charge the individual with an offence;<br/> post-charge bail, imposed by the police, when an individual has been charged; and<br/> court bail, imposed by the courts when an individual has been charged.<br/><br/>Bail can be either unconditional or conditional.Conditional bail means that restrictions and conditions are imposed on defendants. This may mean the defendant can’t contact a complainant or go to a certain location.Unconditional bail means that there are no restrictions and conditions imposed on defendants. It is usually granted when there is no flight risk and it is unlikely that the defendant will reoffend or interfere with victims and witnesses. " >bail conditions) they may claim to be homeless and contravening COVID-related legislation. Forces will wish to consider options to ensure the suspect does not suffer disproportionate consequences, e.g. assisting the suspect to find a place to stay with friends or relatives or referring them to the local authority. Forces will want to consider similar support for Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims who feel unable to remain at home.

Northumbria Police established agreements with all local authority housing providers to ensure 24/7 housing provision for domestic abuse perpetrators who were displaced after being served with a Domestic Violence Protection Notice (DVPN) or Order (DVPO). This was to reduce the risk of them returning to their victim’s home.

Forces used technology to manage the Domestic Violence Disclosure Scheme (DVDS) effectively. They made disclosures securely online. Previously, this could only be done at police stations.

As a result, most forces substantially increased the numbers of DVPO and DVDS applications.

Essex Police was proactive in its approach. Between March and October 2020, it granted 181 DVPOs and dealt with 51 breaches.

Within Nottinghamshire Police, every domestic abuse occurrence is now subject to consideration for right to know, as part of the risk assessment process. Subsequently, the force is on track to have more DVDS applications that last year but it is too early to provide a final figure.

Figure 5: Number of DVPOs, England and Wales

domestic violence cases uk 2021

Despite DVPO applications remaining nearly level, DVPOs granted at court continued to increase to Q2 2020–21, and breaches have also increased but remain in the same proportion as the historic trend.

Figure 6: Number of DVPOs granted per 1,000 domestic abuse -related offences, by force, in the 12 months to 30 September 2020

domestic violence cases uk 2021

Source: HMICFRS data collection, Home Office domestic abuse data

Suffolk Constabulary, the Metropolitan Police Service and Hampshire Constabulary could not provide data on DVPO applications. The England and Wales average number of DVPOs granted is just over 1 per 1,000. Most forces grant numbers of DVPOs around this average, but numbers range from 7 per 1,000 to nearly zero. On average, 88 percent of DVPOs applications are granted. This figure is reduced by relatively few forces with lower than average grant rates. However, the bottom four forces also received well below average numbers of applications (the England and Wales average being 44, and the total for Lincolnshire Police being 12), meaning that even slight changes will result in large differences.

Through the initial stages of the pandemic, some forces continued to contribute to the work they do with other organisations. This included the Safeguarding Protection of an individual’s health, well-being and human rights, enabling them to live free from harm, abuse and neglect. " >safeguarding children partnerships and the Safeguarding Protection of an individual’s health, well-being and human rights, enabling them to live free from harm, abuse and neglect. " >safeguarding adults boards.

Home working became common for many officers and staff, who held meetings with other organisations via virtual platforms. Forces adapted well. Initially, there were concerns about the ability of probation staff and children’s social care to access technology from their homes. This was due to a lack of technical compatibility. There were times when police officers took on the roles of other bodies, such as visiting perpetrators to check their compliance with sentence and order conditions, supporting Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims awaiting court processes and carrying out safety checks on children at home.

The effectiveness of joint visits by police and probation staff with offenders was curbed until most partners could access technology and particularly Microsoft Teams, the system that is used by most other organisations.

Hertfordshire Constabulary worked with the Domestic Abuse Alliance on a national launch of We Protect, a victim referral app. Frontline officers use the app to refer Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims to free legal advice (with their consent). A panel of solicitors then offers help in securing non-molestation orders.

Hampshire Constabulary works with other organisations to maintain a COVID-19 domestic abuse Gold group A strategic meeting designed to improve the police response to an incident, crime or other matter. This involves bringing together appropriately skilled and qualified interested parties who can advise, guide or otherwise support the management of an effective response to the identified incident, crime or other matter. " >gold group . Attendees at this group include local specialist domestic abuse services, the Office of the Police and Crime Commissioner, IDVAs and housing associations. The focus is on reviewing domestic abuse demand and risk, and ways to support vulnerable people.

At the start of the pandemic, some forces’ investigations were initially delayed. This was because investigators couldn’t access evidential material from other organisations, such as information from GPs and children’s social care records.

Multi-agency risk assessment conference

A MARAC is a meeting where information on the highest risk domestic abuse cases is shared between representatives of local police, health, Child A person under the age of 18. " >child protection, housing practitioners, independent domestic violence advisers (IDVAs), probation and other specialists from the statutory and voluntary sectors. After sharing all relevant information about a victim, the representatives discuss options for increasing the safety of the victim and create a co-ordinated action plan. The primary focus of the MARAC is to safeguard the adult victim. The MARAC will also make links with others to safeguard children and manage the behaviour of the perpetrator. At the heart of a MARAC is the working assumption that no single agency or individual can see the complete picture of the life of a victim, but all may have insights that are crucial to their safety. The victim does not attend the meeting but is represented by an IDVA who speaks on their behalf.

MARACs take place after domestic abuse is reported to the police. The case is either established as high risk, or a support organisation assesses it as needing discussion at a MARAC.

The use of MARACs is broadly proportionate to that suggested by SafeLives A UK-wide charity with the objective of "ending domestic abuse, for everyone and for good". It works with organisations throughout the UK to transform the response to domestic abuse. It assesses the whole picture for each individual and family to get the right help at the right time to make families everywhere safe and well. " >SafeLives for the local population. SafeLives A UK-wide charity with the objective of "ending domestic abuse, for everyone and for good". It works with organisations throughout the UK to transform the response to domestic abuse. It assesses the whole picture for each individual and family to get the right help at the right time to make families everywhere safe and well. " >SafeLives is a national charity dedicated to improving the response to domestic abuse in conjunction with other organisations. It recommends 40 MARACs per 10,000 women in the population, based on its analysis of the prevalence of domestic violence. The suggested level was exceeded by West Midlands, Greater Manchester, West Yorkshire, Lancashire, Northumbria, Merseyside, South Yorkshire, South Wales, Nottinghamshire, Cheshire, Humberside, Cambridgeshire, Suffolk, North Wales, Northamptonshire, Wiltshire, Bedfordshire, and Gwent police forces. We were unable to source data for Dyfed-Powys for 2020, but it exceeded the SafeLives A UK-wide charity with the objective of "ending domestic abuse, for everyone and for good". It works with organisations throughout the UK to transform the response to domestic abuse. It assesses the whole picture for each individual and family to get the right help at the right time to make families everywhere safe and well. " >SafeLives recommended number in 2019.

Figure 7: Number of cases discussed at MARACs per 10,000 adult females, per force, in the 12 months to 31 March 2020

domestic violence cases uk 2021

Source: SafeLives A UK-wide charity with the objective of "ending domestic abuse, for everyone and for good". It works with organisations throughout the UK to transform the response to domestic abuse. It assesses the whole picture for each individual and family to get the right help at the right time to make families everywhere safe and well. " >SafeLives

The most recent data from SafeLives A UK-wide charity with the objective of "ending domestic abuse, for everyone and for good". It works with organisations throughout the UK to transform the response to domestic abuse. It assesses the whole picture for each individual and family to get the right help at the right time to make families everywhere safe and well. " >SafeLives indicates that the total number of cases discussed at MARACs decreased in April to June 2020 compared with the previous quarter (see the Women’s Aid report, A perfect storm ). This was the first time in five years that one quarter’s data had reduced compared with that of the previous quarter. This may reflect the difficulties that Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims at high risk of domestic abuse faced reporting abuse or attempting to safely contact the police during the first lockdown. ( Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >Victims at high risk of domestic abuse are the main source of referral to MARACs.)

Soon after the initial lockdown, MARAC processes moved online. Most forces reported better attendance and contributions to the process. However, 30 percent of MARAC attendees interviewed in the SafeLives A UK-wide charity with the objective of "ending domestic abuse, for everyone and for good". It works with organisations throughout the UK to transform the response to domestic abuse. It assesses the whole picture for each individual and family to get the right help at the right time to make families everywhere safe and well. " >SafeLives survey said they were not meeting virtually, with some opting for a reduced attendance. Some MARACs reported improvement in multi-agency working, but well over half reported IT issues. Those MARACs sitting virtually should strive for full attendance for all nine core agencies, as detailed in the SafeLives guidance for multi-agency forums released at the start of the COVID-19 pandemic.

Durham Constabulary reviewed the cases of all Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims who have been discussed at a MARAC and contacted those Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims . The constabulary also reviewed repeat domestic abuse incidents. It defined ‘repeats’ as two incidents in five days. It then reviewed the incidents or further lines of enquiry.

Prior to the pandemic, Humberside Police referred approximately 200 people a week to a MARAC. At the start of the lockdown, referrals from other agencies to a MARAC reduced significantly. This raised concerns about Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims at risk who would ordinarily have been protected through a referral.

Together with other organisations, the force agreed a process for maintaining contact with Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims at high risk of domestic abuse . IDVAs arranged contact calls with Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims . If the IDVA couldn’t speak with a victim after two calls, the case was referred to the police. An officer then visited and conducted a safe and well check. The force extended this service to the top 15 medium-risk Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims . As a result, it identified and dealt with more than 20 breaches of DVPNs and DVPOs.

During the initial phase of the pandemic, forces used creative ways to interact with callers

Lincolnshire Police produced a short video made in collaboration with EDAN Lincs Domestic Abuse Service. The service offers emergency accommodation and support to people who are experiencing domestic abuse . Police show Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims the video at the scene of an enquiry. The video educates them about domestic abuse and its effects and advises about support.

Sussex Police bought a new IT system so it could have virtual appointments with Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse .

This simple and intuitive program sends a one-time link to the victim, at a time of their choosing, to any internet-enabled SMART An acronym that provides criteria to setting goals and objectives that are specific, measurable, achievable, realistic and time-bound. " >smart device. The victim clicks on the link and arrives at a virtual consultation room, where an officer is waiting.

At the end of the consultation, the victim is asked to delete the link and all evidence of the appointment is gone. This helps to protect Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims if their abusers check their devices.

Local feedback indicates high levels of satisfaction with the program. But it hasn’t yet been fully evaluated.

West Mercia Police worked with TSB Bank to offer Safe Spaces in some of the bank’s branches as part of the ‘UK says no more’ campaign.

The force trained bank staff and agreed how they should respond to calls from Safe Space branches. Worcestershire became the first region in the UK where TSB Bank offers support through the Safe Spaces initiative. Four of the bank’s branches have dedicated space to help local people who are suffering domestic abuse . The intention is that Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims will have someone to talk to who is trained to understand domestic abuse , in a safe environment. Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >Victims can then tell the police what is happening to them.

Norfolk and Suffolk constabularies worked with a victim advocacy agency to trial Ring doorbells for Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse . These are usually used for burglary Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims . They help Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims to identify callers via an app on their mobile phone, which accesses a camera at their Front door An arrangement that local authorities make to respond to an initial contact from a professional or member of the public who is concerned about a child. Local authorities provide advice and make decisions about how they will act on information about the health, well-being and safety of children. " >front door . This helps to deter perpetrators from attending the address. The constabularies told us that the trial was reported to be successful.

Staffordshire Police trialled a scheme that gave domestic abuse and Stalking Fixed, obsessive, unwanted, and repeated behaviour directed by one person to another. The behaviour can engender fear and distress in the victim. See offences under sections 2A and 4A of the Protection from Harassment Act 1997. Examples of the types of behaviour that may be displayed in a stalking offences are given in section 2A(3) of the Protection from Harassment Act 1997, and include: following a person;<br/> contacting, or attempting to contact, a person by any means; and<br/> monitoring the use by a person of the internet, email or any form of electronic communication.<br/><br/> " >stalking Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims links to the Hollie Guard and Bright Sky apps. Hollie Guard gives real-time alert notifications if a victim feels in danger. It has 24/7 monitoring by trained security personnel. If a victim can’t call the police directly, they can use the app to enable a third party to contact the police on their behalf.

Bright Sky is a mobile app that is free to download. It was launched in partnership between Hestia and the Vodafone Foundation. Thames Valley Police, as part of the Thames Valley Partnership, promoted the app locally. It offers support and information to anyone who may be experiencing domestic abuse or is concerned about someone they know. The app offers information about domestic abuse , covering matters such as online safety, Stalking Fixed, obsessive, unwanted, and repeated behaviour directed by one person to another. The behaviour can engender fear and distress in the victim. See offences under sections 2A and 4A of the Protection from Harassment Act 1997. Examples of the types of behaviour that may be displayed in a stalking offences are given in section 2A(3) of the Protection from Harassment Act 1997, and include: following a person;<br/> contacting, or attempting to contact, a person by any means; and<br/> monitoring the use by a person of the internet, email or any form of electronic communication.<br/><br/> " >stalking and Harassment Causing alarm or distress and/or putting a person in fear of violence; it includes the offence of stalking, either in person or through other means of communication. It is defined in sections 2 and 4 of the Protection from Harassment Act 1997. High-risk harassment means it is likely that a victim will be subject to an incident that is life-threatening and/or traumatic, and recovery, whether physical or psychological, can be difficult or impossible. " >harassment , and sexual offences. The app is available in Polish, Punjabi and Urdu. It features a UK-wide directory of specialist domestic abuse support services, so Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims can contact their nearest service from the app.

Hampshire Constabulary told us about its work with a local charity, Aurora New Dawn. The charity has a 24-hour helpline and allows Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and police to speak to a domestic abuse advocate at any point.

The COVID-19 pandemic has presented significant difficulties for the criminal justice system in England and Wales. It has meant that criminal justice procedures, including court processes, couldn’t operate as they normally do. This has created delays and backlogs in timescales for cases to be heard at court and caused trial dates to be repeatedly rescheduled.

The impact on Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse should not be underestimated. We know that ordinarily a high proportion of Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse are reluctant to support a prosecution for a variety of reasons. Delays in investigations, lack of contact and lengthy court processes more generally result in high levels of disengagement. Extended waiting times between a charge being made and a case being heard at court increase the risk of Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims disengaging.

In the report CPS response to COVID-19: dealing with backlogs , it was highlighted that Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims were left in a state of limbo while waiting for new hearing dates to be set when previous ones had been adjourned. Witness Care Units (run by the police who contact, update, and warn Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and witnesses for court) made huge efforts to work through lists of postponed cases to update Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and provide reassurance and access to support. However, in nearly all cases, a clear indication of a future hearing date could not be given.

The report highlights that some magistrates’ courts fixed single future dates for all trials – locally called ‘bucket lists’ trial dates. The rationale for this was that there needed to be a court date for all parties to plan for. While this may seem better than having no clear indication of when a hearing might happen, in reality it meant that the vast majority of Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and witnesses would end up with entirely different dates for hearings when magistrate courts reopened. The impact of this on Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims is at best unsettling.

Sometimes, courts listed multiple cases for the same time to maximise court time, which often led to repeated trial date rescheduling. This only serves to support Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims ’ views that their experiences and the harm they are enduring is not taken seriously. This in turn can have longer term implications regarding their willingness to report future offences and engage in future prosecutions. Individually and collectively, these issues place Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims at greater risk of harm from perpetrators and enable a cycle of abuse to continue.

More detail regarding the backlogs and measures to reduce their impact is contained in the report by the four criminal justice inspectorates entitled Impact of the pandemic on the criminal justice system – A joint view of the criminal justice chief inspectors on the criminal justice system’s response to COVID-19 . (The four inspectorates are Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, Her Majesty’s Crown Prosecution Service Inspectorate, Her Majesty’s Inspectorate of Prisons, and Her Majesty’s Inspectorate of Probation.)

According to this joint statement, the length of time to trial increased greatly during 2020. On 14 December 2020, HMCTS released data showing that the volume of live magistrates’ court cases at that time was 83 percent higher than usual, with Crown Court cases 44 percent higher. The Lord Chancellor told the Justice Select Committee at that time that cases were being listed in 2022, but that it was hoped additional funding would allow listing officers to bring trials forward. A report published by HM Crown Prosecution Service Inspectorate in March 2021 stated that in some areas trial dates are now having to be set into 2023 ( CPS response to COVID-19: dealing with backlogs ).

As previously mentioned in this report, at the time of reviewing data, other than coercive control, there was no specific criminal offence for domestic abuse . Cases are dealt with in line with the offence recorded (such as assault or Harassment Causing alarm or distress and/or putting a person in fear of violence; it includes the offence of stalking, either in person or through other means of communication. It is defined in sections 2 and 4 of the Protection from Harassment Act 1997. High-risk harassment means it is likely that a victim will be subject to an incident that is life-threatening and/or traumatic, and recovery, whether physical or psychological, can be difficult or impossible. " >harassment ). These are summary only offences and have a time limit: court proceedings should begin no later than six months after the date of the offence. A summary only offence is assessed as lower severity. It includes most driving offences and common assault. These can only be tried in magistrates’ courts.

The Coronavirus Crisis Protocol was agreed between the CPS, HMCTS and the senior presiding judge. As part of the protocol, time restrictions were extended on prosecuting summary only offences in domestic abuse cases.

CPS Direct gives charging decisions on priority cases throughout England and Wales. Much of its work is out of hours; it offers an emergency response 24 hours a day, 365 days a year. Many forces said that CPS Direct’s approach of dealing only with in‑custody remand charging decisions has been detrimental, as it resulted in delays obtaining advice and charging decisions for some domestic abuse crimes. This left suspects on Bail An alternative to custody. Types of bail include: pre-charge bail or police bail, imposed by the police, when there isn’t sufficient evidence to charge the individual with an offence;<br/> post-charge bail, imposed by the police, when an individual has been charged; and<br/> court bail, imposed by the courts when an individual has been charged.<br/><br/>Bail can be either unconditional or conditional.Conditional bail means that restrictions and conditions are imposed on defendants. This may mean the defendant can’t contact a complainant or go to a certain location.Unconditional bail means that there are no restrictions and conditions imposed on defendants. It is usually granted when there is no flight risk and it is unlikely that the defendant will reoffend or interfere with victims and witnesses. " >bail for longer, which could result in Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims being exposed to further risk of harm, particularly those who were still living with their Abuser A person who causes harm or distress to another. " >abuser . In some cases, Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims withdrew their support for a prosecution to due delays in charging decisions.

Pre-charge bail and released under investigation

An aim of the Policing and Crime Act 2017 was to end the police practice of keeping people on pre-charge Bail An alternative to custody. Types of bail include: pre-charge bail or police bail, imposed by the police, when there isn’t sufficient evidence to charge the individual with an offence;<br/> post-charge bail, imposed by the police, when an individual has been charged; and<br/> court bail, imposed by the courts when an individual has been charged.<br/><br/>Bail can be either unconditional or conditional.Conditional bail means that restrictions and conditions are imposed on defendants. This may mean the defendant can’t contact a complainant or go to a certain location.Unconditional bail means that there are no restrictions and conditions imposed on defendants. It is usually granted when there is no flight risk and it is unlikely that the defendant will reoffend or interfere with victims and witnesses. " >bail for long periods without independent judicial scrutiny. Where Bail An alternative to custody. Types of bail include: pre-charge bail or police bail, imposed by the police, when there isn’t sufficient evidence to charge the individual with an offence;<br/> post-charge bail, imposed by the police, when an individual has been charged; and<br/> court bail, imposed by the courts when an individual has been charged.<br/><br/>Bail can be either unconditional or conditional.Conditional bail means that restrictions and conditions are imposed on defendants. This may mean the defendant can’t contact a complainant or go to a certain location.Unconditional bail means that there are no restrictions and conditions imposed on defendants. It is usually granted when there is no flight risk and it is unlikely that the defendant will reoffend or interfere with victims and witnesses. " >bail is still used, the circumstances of the investigation must fully justify it. When Bail An alternative to custody. Types of bail include: pre-charge bail or police bail, imposed by the police, when there isn’t sufficient evidence to charge the individual with an offence;<br/> post-charge bail, imposed by the police, when an individual has been charged; and<br/> court bail, imposed by the courts when an individual has been charged.<br/><br/>Bail can be either unconditional or conditional.Conditional bail means that restrictions and conditions are imposed on defendants. This may mean the defendant can’t contact a complainant or go to a certain location.Unconditional bail means that there are no restrictions and conditions imposed on defendants. It is usually granted when there is no flight risk and it is unlikely that the defendant will reoffend or interfere with victims and witnesses. " >bail can’t be justified, accused persons are released under investigation. In these cases, the police can’t place restrictions on the person’s release, for example to prevent them from contacting the victim, witnesses or otherwise interfering with an investigation.

Often conditions are needed for suspects who are released on Bail An alternative to custody. Types of bail include: pre-charge bail or police bail, imposed by the police, when there isn’t sufficient evidence to charge the individual with an offence;<br/> post-charge bail, imposed by the police, when an individual has been charged; and<br/> court bail, imposed by the courts when an individual has been charged.<br/><br/>Bail can be either unconditional or conditional.Conditional bail means that restrictions and conditions are imposed on defendants. This may mean the defendant can’t contact a complainant or go to a certain location.Unconditional bail means that there are no restrictions and conditions imposed on defendants. It is usually granted when there is no flight risk and it is unlikely that the defendant will reoffend or interfere with victims and witnesses. " >bail while being investigated for domestic abuse offences. The conditions are to help safeguard Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims from further abuse. Domestic abuse crimes can result in tragic outcomes if Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims aren’t protected.

Our joint thematic inspection in 2019 with Her Majesty’s Crown Prosecution Service Inspectorate found cases of released under investigation without Bail An alternative to custody. Types of bail include: pre-charge bail or police bail, imposed by the police, when there isn’t sufficient evidence to charge the individual with an offence;<br/> post-charge bail, imposed by the police, when an individual has been charged; and<br/> court bail, imposed by the courts when an individual has been charged.<br/><br/>Bail can be either unconditional or conditional.Conditional bail means that restrictions and conditions are imposed on defendants. This may mean the defendant can’t contact a complainant or go to a certain location.Unconditional bail means that there are no restrictions and conditions imposed on defendants. It is usually granted when there is no flight risk and it is unlikely that the defendant will reoffend or interfere with victims and witnesses. " >bail conditions in place to protect domestic abuse Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims . When those cases were finalised in court, the court imposed restraining orders to prevent the suspects from contacting their Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims . However, in many cases the victim had been left for several months prior to that without the protection that Bail An alternative to custody. Types of bail include: pre-charge bail or police bail, imposed by the police, when there isn’t sufficient evidence to charge the individual with an offence;<br/> post-charge bail, imposed by the police, when an individual has been charged; and<br/> court bail, imposed by the courts when an individual has been charged.<br/><br/>Bail can be either unconditional or conditional.Conditional bail means that restrictions and conditions are imposed on defendants. This may mean the defendant can’t contact a complainant or go to a certain location.Unconditional bail means that there are no restrictions and conditions imposed on defendants. It is usually granted when there is no flight risk and it is unlikely that the defendant will reoffend or interfere with victims and witnesses. " >bail can offer. More details can be found in the report Pre‑charge bail and released under investigation: striking a balance .

Since the joint thematic inspection , every force increased the use of Bail An alternative to custody. Types of bail include: pre-charge bail or police bail, imposed by the police, when there isn’t sufficient evidence to charge the individual with an offence;<br/> post-charge bail, imposed by the police, when an individual has been charged; and<br/> court bail, imposed by the courts when an individual has been charged.<br/><br/>Bail can be either unconditional or conditional.Conditional bail means that restrictions and conditions are imposed on defendants. This may mean the defendant can’t contact a complainant or go to a certain location.Unconditional bail means that there are no restrictions and conditions imposed on defendants. It is usually granted when there is no flight risk and it is unlikely that the defendant will reoffend or interfere with victims and witnesses. " >bail in domestic abuse cases and significantly reduced the use of released under investigation, which was a very positive move.

However, during the pandemic, some investigations couldn’t be finalised due to delays in getting necessary information from other parties within initial Bail An alternative to custody. Types of bail include: pre-charge bail or police bail, imposed by the police, when there isn’t sufficient evidence to charge the individual with an offence;<br/> post-charge bail, imposed by the police, when an individual has been charged; and<br/> court bail, imposed by the courts when an individual has been charged.<br/><br/>Bail can be either unconditional or conditional.Conditional bail means that restrictions and conditions are imposed on defendants. This may mean the defendant can’t contact a complainant or go to a certain location.Unconditional bail means that there are no restrictions and conditions imposed on defendants. It is usually granted when there is no flight risk and it is unlikely that the defendant will reoffend or interfere with victims and witnesses. " >bail periods. While offenders can be bailed on more than one occasion if enquiries are taking longer than expected, some suspects were released under investigation. This is worrying in domestic abuse cases, as perpetrators will have no conditions to deter them from re-offending against the victim.

Some forces told us they were concerned about an increased use of pre-charge Bail An alternative to custody. Types of bail include: pre-charge bail or police bail, imposed by the police, when there isn’t sufficient evidence to charge the individual with an offence;<br/> post-charge bail, imposed by the police, when an individual has been charged; and<br/> court bail, imposed by the courts when an individual has been charged.<br/><br/>Bail can be either unconditional or conditional.Conditional bail means that restrictions and conditions are imposed on defendants. This may mean the defendant can’t contact a complainant or go to a certain location.Unconditional bail means that there are no restrictions and conditions imposed on defendants. It is usually granted when there is no flight risk and it is unlikely that the defendant will reoffend or interfere with victims and witnesses. " >bail during the pandemic in case it negatively affected Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and witnesses.

Court closures and delays

Some forces continued to staff the running of the virtual court systems. All court buildings were closed, and remand hearings for prisoners who were in custody at police stations still needed to continue. The hearings ran from police stations, linking remotely with the judiciary.

This arrangement came with additional responsibilities for managing risks, as well as caring for Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and witnesses, and detainees during their stay in police custody. More detail can be found in Impact of the pandemic on the criminal justice system – A joint view of the criminal justice chief inspectors on the criminal justice system’s response to COVID-19 .

The length of time to trial increased significantly during 2020, with magistrate cases charge to finalisation timeframes almost doubling from 8 to 14 weeks. The true impact will only be clear when all outcome data is available for cases that are currently in the criminal justice system and awaiting decisions and trials.

As all four criminal justice inspectorates highlighted in the report, delays in courts represent a fundamental risk to the effective running of the criminal justice system. These problems were present before COVID-19 and have been exacerbated by the pandemic. All inspectorates are committed to monitoring progress in this area.

Witness care and continued victim involvement

Three factors have put additional pressure on forces during the pandemic: the need to manage domestic abuse reports and support to Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims ; on occasions managing staff who were absent due to sickness, who needed support or to self-isolate; and court closures.

These factors meant that cases progressed (and continue to progress) very slowly through the criminal justice system. While the police were able to progress cases more quickly, these have been held up initially by court closures, but latterly due to courts being unable to implement COVID-secure measures, referenced in the 2020 study by Women’s Aid, A perfect storm .

Some forces told us that the slow progress did affect Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims ’ willingness to remain involved with the prosecutions. Officers involved in the cases (or witness care officers) had to manage Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims ’ expectations carefully. They had to do this alongside the long-term considerations for managing risk posed by the perpetrator.

On 12 June 2020, a memorandum of understanding was agreed across the criminal justice system. It concerned existing commitments under the Victim’s Code, and set out how witness care units, HMCTS, the CPS and the police would ensure effective court hearings. The Code of Practice for Victims of Crime is a statutory government document. It sets out the information, support and services that Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of crime are entitled to receive from criminal justice agencies in England and Wales. These agencies include the police and the CPS. The memorandum seeks to maximise the effectiveness of court hearings by identifying issues and having a clear understanding of the needs of Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims and witnesses in domestic abuse cases. It also reinforces the principle that Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims should be told about local specialist support services, including IDVAs, and should be referred to them when it is appropriate to do so.

In Devon and Cornwall, the force and the CPS developed a retraction statement. A victim gives this statement to indicate their unwillingness to attend court and give evidence. Usually, but not always, a domestic abuse expert takes such statements. The aim of creating a proforma statement is to help improve the quality of information to support evidence-led prosecutions to continue when a victim declines to continue to support a prosecution. (An evidence-led case is one where the victim doesn’t wish to support the prosecution, but the police and CPS pursue the complaint using other evidence. This includes body-worn video evidence, statements from GPs or other organisations, and the call to the operator.)

Charge rates remain low

The charge rate for domestic abuse crimes in England and Wales continues to fall. This is despite forces increasing their focus on Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims . Data highlights that in 2016 the average charge rate for domestic abuse cases was 23.2 percent. In 2020 this had dropped to 9 percent, a reduction of 14.2 percent.

The below chart lists the outcomes that can be used when finalising an investigation for domestic abuse . The chart highlights the decrease over the previous five years, in the percentage of domestic abuse cases in which a charge was applied.

For 2018/19, data is not available for Cumbria, Humberside, Kent, South Yorkshire, West Midlands or Wiltshire. For 2019/20, data is not available for Dyfed-Powys, Greater Manchester, Humberside, Kent, Nottinghamshire, South Yorkshire, Warwickshire or Wiltshire.

Table 3: Outcome comparisons in England and Wales from March 2016 to March 2020

Use of outcomes 15 and 16

An outcome code allows every crime recorded by the police to be given an outcome, showing how the police deal with all crimes (including crimes that are still under investigation).

Outcome 15 A Home Office classification used by the police to describe the finalisation of an investigation where the suspect was identified and the victim supported police action, but evidential difficulties prevented further action. " >Outcome 15 is where a victim supports the prosecution but there are evidential difficulties, which could be a lack of evidence collected, and the case is not continued. Outcome 16 A Home Office classification used by the police to describe the finalisation of an investigation where the suspect was identified, but the victim doesn’t support (or has withdrawn support for) police action. " >Outcome 16 is where a suspect has been identified but the victim no longer supports the prosecution.

The below chart provides a force by force comparator of the use of Outcome 15 A Home Office classification used by the police to describe the finalisation of an investigation where the suspect was identified and the victim supported police action, but evidential difficulties prevented further action. " >outcome 15 , Outcome 16 A Home Office classification used by the police to describe the finalisation of an investigation where the suspect was identified, but the victim doesn’t support (or has withdrawn support for) police action. " >outcome 16 and the total combined use of both outcomes. The data considers outcomes applied for during a 12-month rolling period up to March 2020.

Data for the full 12-month period was not available for Kent or Wiltshire, so the chart shows 0 outcomes for all categories for those forces.

Figure 8: Rate of use of outcomes 15 and 16 for domestic abuse -related crime, by force, in the 12 months to 31 March 2020

domestic violence cases uk 2021

The use of outcomes 15 and 16 by forces continues to increase, which is particularly concerning. It means that Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims are not receiving a criminal justice outcome and as a result may be unprotected from their Abuser A person who causes harm or distress to another. " >abuser .

Our most recent data shows that on average over 50 percent of cases are finalised using Outcome 16 A Home Office classification used by the police to describe the finalisation of an investigation where the suspect was identified, but the victim doesn’t support (or has withdrawn support for) police action. " >outcome 16 . This represents an 18.6 percent increase from 2016 to 2020. Most concerning, on average 75 percent of Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims ’ cases (combining Outcome 15 A Home Office classification used by the police to describe the finalisation of an investigation where the suspect was identified and the victim supported police action, but evidential difficulties prevented further action. " >outcome 15 and Outcome 16 A Home Office classification used by the police to describe the finalisation of an investigation where the suspect was identified, but the victim doesn’t support (or has withdrawn support for) police action. " >outcome 16 ) are being discontinued by police, which represents a 17.5 percent increase from 2016 to 2020.

As a result, on average across England and Wales, there is only a 25 percent chance that a perpetrator of domestic abuse will be charged or cautioned.

We recognise Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims ’ right to decide what a positive outcome means for them. Furthermore, we understand that Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims may not want their case to go to court and purely wish for the abuse to stop. But in many cases, there is a lack of auditable evidence to show that there has been enough engagement with Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims about discontinuation. And it often isn’t clear that forces have taken all opportunities to support Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims to engage in proceedings nor that officers understand the benefits both from a future crime prevention and successful criminal outcome perspective of enabling Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims to engage with support services.

We will continue to place close emphasis on this worrying statistic throughout our PEEL inspection processes and our violence against women and girls thematic inspection this year.

More positively, the rate at which the police issue Cautions A form of warning that can be given to anyone aged 10 or over, usually for minor crimes. The person has to admit committing an offence and agree to be cautioned.There are currently two types of cautions used for adults: simple and conditional.A simple caution is a formal notice issued by a police officer that warns a person not to re-offend, and about what could happen if they do. It is used in cases where it isn’t in the public interest to prosecute the person who has offended. This usually relates to relatively low-level offending.A conditional caution sets specific conditions that the person is required to keep to. If the person doesn’t comply with the conditions, then the police may choose to recommend prosecution. It is likely to be used in cases where prosecution isn’t in the public interest, but the police consider that specific actions are required. This may be to reduce the likelihood of further offending, to protect a specific victim, or where previous out-of-court disposals haven’t been effective. " >cautions to domestic abuse perpetrators also continues to fall. Usually, the police use a caution for low-level offending where a person admits their guilt. The offenders receive a warning, but don’t attend court or receive a conviction.

We don’t believe that a caution is appropriate in most domestic abuse cases, given the serious nature of domestic abuse . We remain confident that the police don’t consider the use of Cautions A form of warning that can be given to anyone aged 10 or over, usually for minor crimes. The person has to admit committing an offence and agree to be cautioned.There are currently two types of cautions used for adults: simple and conditional.A simple caution is a formal notice issued by a police officer that warns a person not to re-offend, and about what could happen if they do. It is used in cases where it isn’t in the public interest to prosecute the person who has offended. This usually relates to relatively low-level offending.A conditional caution sets specific conditions that the person is required to keep to. If the person doesn’t comply with the conditions, then the police may choose to recommend prosecution. It is likely to be used in cases where prosecution isn’t in the public interest, but the police consider that specific actions are required. This may be to reduce the likelihood of further offending, to protect a specific victim, or where previous out-of-court disposals haven’t been effective. " >cautions to be appropriate for the completion of most domestic abuse cases.

Annex A: Academic research

We were pleased to learn that academic research focusing on domestic abuse has continued during the pandemic. Three examples are outlined below.

Domestic Homicides – The National Policing Vulnerability Knowledge and Practice Programme working with the National Police Chiefs’ Council, the College of Policing and the Home Office

The project, established in August 2020, counted deaths from the start of the first lockdown restrictions in England and Wales on 23 March 2020. Its aim was to design and implement a national pilot to better understand domestic homicides in England and Wales during the COVID-19 pandemic and all lockdowns.

The project has adopted wider terms of reference for this work than the standard definition of domestic homicide. The wider definition includes people under 16 years of age; intimate partner homicide, and homicide from a family or household member; victim suicide following domestic abuse ; Child A person under the age of 18. " >child death; and unexplained deaths that follow domestic abuse incidents.

This wider definition allows identification of emerging issues that affect people who are living together during the COVID-19 restrictions (for example, adolescent to parent violence). Currently, there is no legal definition of adolescent to parent violence and abuse.

The project requires forces to complete an initial assessment form within 48 hours of a domestic homicide being reported. The form asks for details of deaths that meet the wide project definition outlined above. It also asks for details about the circumstances and characteristics of those involved. And it asks for any immediate learning, to support wider practice and policy development.

The process of completing the form and reviewing the details isn’t designed to replace a domestic homicide review or the necessity for gathering wider learning from those working together. (A domestic homicide review is carried out after the murder. Safeguarding Protection of an individual’s health, well-being and human rights, enabling them to live free from harm, abuse and neglect. " >Safeguarding organisations such as health, police, social care and others establish what lessons should be learned from a domestic homicide regarding the way in which local professionals and organisations worked individually and together to safeguard the victim.)

The process is designed to inform the development of a national repository of the features and immediate police learning from domestic homicides. It will also support practice and policy development and improved national reporting.

We support the project’s approach, its use by forces and the achievements to date. It has established:

  • a unique live-time repository of all domestic homicides, including victim suicides and unexplained deaths following domestic abuse ; this doesn’t exist elsewhere and makes this work more relevant to understanding the dynamic of domestic homicide in all its forms;
  • a new central unit to collate domestic homicide deaths nationally, with contacts in each English and Welsh force;
  • the evidence base on domestic homicide deaths, including what is known and what is contested on definitions of ‘domestic homicide’, as well as risk and predictive factors, and typologies of perpetrators and Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims ;
  • a process whereby police forces routinely establish and report all deaths related to domestic abuse to a central unit (the domestic homicide project team), achieving a high quality of data return and completion;
  • governance and expert advisory panels consisting of police leaders, government, and an extensive network of third sector interested parties, commissioners and academics in the field of domestic abuse , homicide and Child A person under the age of 18. " >child deaths; and
  • quick-time data and briefings to assist current debates.

Domestic homicide continued during lockdown, including at least two cases of mothers and their children being murdered by their husband/father, but not all Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims were female. There were cases where women killed their sons and/or husbands. There were large differences in the profiles of victim–suspect relationships between male and female Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims .

In the year ending March 2020, female Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims were more commonly killed by a partner or ex-partner or a family member, while for males the suspected killer was more commonly a friend or acquaintance, stranger or another known person. Almost half (46 percent) of adult female homicide Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims were killed in a domestic homicide (81). This type of homicide decreased by 24 compared with the previous year. The 81 in the latest year was the lowest figure since relationship data first started to be collected on the Homicide Index in 1977, and there has been a general downward trend in the number of domestic homicides over the last ten years.

Males were much less likely to be the victim of a domestic homicide, with only 7 percent (33) of male homicides being domestic abuse related. This was an increase of four homicides compared with the previous year (Office for National Statistics, Homicide in England and Wales: year ending March 2020 ).

Early findings from the interim report in November 2020 show that most domestic homicides are still carried out by a current or former partner (50 percent). Victim suicide following domestic abuse was the second most common type (20 percent). Adult family homicide and Child A person under the age of 18. " >child deaths accounted for 13 percent and 12 percent respectively.

According to the interim report, there was no apparent rise in the overall number of domestic homicides based on previous years’ data. There is no comparative dataset for previous years for domestic suicides or unexplained deaths, so these numbers cannot be contextualised. The project aims to build a comparative dataset on suicides in future.

With intimate partner and adult family homicide, it is easier to draw comparisons with previous years’ data. The average number of weekly deaths since the start of the first lockdown appears to be consistent with previous years.

Domestic abuse during COVID-19 – developing a rapid police evidence base (June 2020–December 2021)

This is a national project funded by the Economic and Social Research Council. It is led by Dr Katrin Hohl (City, University of London) and Dr Kelly Johnson is a co‑investigator (Durham University). The project brings together several organisations, including the Home Office, the College of Policing , the National Police Chiefs’ Council, seven police forces across England and Wales, and domestic abuse third-sector interested parties.

The project provides an evidence base to inform the police approach to domestic violence and abuse during the COVID-19 lockdowns in the UK. Police case file data from seven diverse police forces is being pooled to track the impact of the pandemic on domestic abuse , analysing changes in the risk factors, frequency, nature and profile of domestic abuse reported to police. These changes are being mapped onto changes in the restrictions imposed during lockdowns, transitional phases and post lockdowns, when domestic abuse calls to police are expected to spike. The study is the largest and most rigorous analysis of police domestic abuse case file data conducted anywhere in the world to date. The statistical analysis is complemented by regular focused semi-structured phone interviews with police officers, to identify emerging challenges and best practice in the frontline approach to domestic abuse . The mixed-methods study addresses urgent questions on the impact of COVID-19 on domestic abuse , which may have significant implications for the complex task of accurate police risk assessment , victim Safeguarding Protection of an individual’s health, well-being and human rights, enabling them to live free from harm, abuse and neglect. " >safeguarding and criminal prosecution as the COVID-19 pandemic evolves.

Initial findings suggest that the pandemic has exposed, rather than created, the domestic abuse crisis, with long-term trends largely accounting for the observed increase in domestic abuse reporting during 2020. The research suggests that lockdown effects are complex, impacting differently on different types of abusive relationships, and that the pandemic context is keeping Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims in abusive relationships for longer, delaying separations until after lockdown. Victim-survivor attempts to separate from the Abuser A person who causes harm or distress to another. " >abuser are a known trigger of an escalation in domestic violence. Consequently, the researchers are recommending that police forces and domestic abuse charities prepare for a post-lockdown surge in reports from Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims at high risk of domestic abuse and prepare to support victim- Survivors An alternative term for victims of crime that may be seen as a better reflection of people who have survived or experienced an ordeal (for example, rape and serious sexual violence, honour-based violence, forced marriage or female genital mutilation). Some support agencies and victims of crime prefer this term as it can feel more empowering to those who have experienced and are in recovery from these types of crime. " >survivors wishing to safely exit abusive relationships. More preliminary findings can be found on the Campaign for Social Science website and in written evidence to the Home Affairs Committee inquiry into Home Office preparedness for COVID-19 .

The research directly addresses current knowledge gaps in how lockdown and social distancing measures affect domestic abuse . It provides robust evidence for domestic abuse plans in the event of another pandemic (or similar circumstances). The findings also have the potential to help the UK Government weigh up the benefits of lockdown restrictions versus their impact on vulnerable people. The research will give guidance to police forces on handling domestic abuse incidents. It will also inform the planning and allocation of resources.

For further information, contact Dr Katrin Hohl , Senior Lecturer, City, University of London.

The University of Liverpool, funded by the Economic Social Research Council (Research and Innovation), is carrying out research on domestic abuse . This 18‑month project runs until December 2021 and is based on an analysis of 26 questionnaire responses from 25 police forces (sent to 43 eligible forces in England and Wales), supplemented by 21 interviews with domestic abuse leads and senior police officers. It focuses on:

  • the police and court response to domestic abuse under lockdown, while transitioning out of lockdown, the time following the easing of all restrictions and during the post-lockdown period in England and Wales;
  • the innovative practices developed and their longevity; and
  • making recommendations on responding to domestic abuse , using examples of good practice.

Findings have shown a mixed picture about the clarity and availability of information on domestic abuse on force websites. During the periods of national lockdown, online video platforms (such as MS Teams) appear to have been vital for a wide range of organisations, including the police. All respondents commented on the significance and value of being able to maintain virtual working relationships with other organisations. Some focused on the absence of face-to-face men’s behavioural programmes, and the lack of emergency accommodation. A few forces highlighted the impact of court closures during the lockdown but were largely unaware of the longer term implications of the court backlog for Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims of domestic abuse .

Highlighted good practice includes:

  • using multimedia platforms to emphasise a ‘business as usual’ message;
  • implementing a single point of contact for all domestic abuse support;
  • using Facebook/online forums, and working with community leaders to access hard-to-reach audiences;
  • having a police presence in supermarkets, pharmacies and local shops, offering safe spaces for Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims to report domestic abuse , and giving doorbell cameras to Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims at high risk of domestic abuse ;
  • using analytics to identify Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims at high risk of domestic abuse with whom contact had been lost and to identify high-risk offenders, and reminding people on Bail An alternative to custody. Types of bail include: pre-charge bail or police bail, imposed by the police, when there isn’t sufficient evidence to charge the individual with an offence;<br/> post-charge bail, imposed by the police, when an individual has been charged; and<br/> court bail, imposed by the courts when an individual has been charged.<br/><br/>Bail can be either unconditional or conditional.Conditional bail means that restrictions and conditions are imposed on defendants. This may mean the defendant can’t contact a complainant or go to a certain location.Unconditional bail means that there are no restrictions and conditions imposed on defendants. It is usually granted when there is no flight risk and it is unlikely that the defendant will reoffend or interfere with victims and witnesses. " >bail or released under investigation of any conditions they have to abide by; and
  • holding regular (daily or weekly) online MARACs to ensure swift responses and the development of safety plans for Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims at high risk of domestic abuse .

Other findings are available on the University of Liverpool School of Law and Social Justice website .

For further information, contact S L Walklate , University of Liverpool.

This year we saw the domestic abuse bill making its way through the legislative process and receiving Royal Assent on 29 April 2021. This new legislation:

  • gives a statutory definition of domestic abuse , which recognises children as Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims in their own right;
  • establishes the office of Domestic Abuse Commissioner and set out the Commissioner’s functions and powers;
  • provides for a new Domestic Abuse Protection Notice and Domestic Abuse Protection Order;
  • identifies non-fatal strangulation as an offence;
  • extends coercive and controlling behaviour to post-separation abuse;
  • extends the offence of disclosing a private sexual photograph or film with intent to cause distress to an individual who appears in the photograph or film (the so-called ‘revenge porn’ offence) to include threats to disclose private sexual photographs and films;
  • prohibits perpetrators of domestic and other forms of abuse from cross-examining their Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims in person in the family courts (and prevents Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims from having to cross-examine their abusers);
  • gives the courts discretion to prevent cross-examination in person, where it would diminish the quality of the witness’s evidence or cause the witness significant distress;
  • creates a statutory presumption that complainants of an offence involving behaviour that amounts to domestic abuse are eligible for special measures in the criminal courts, family and civil courts;
  • enables domestic abuse offenders to be subject to polygraph testing as a condition of their licence following their release from custody;
  • places the guidance supporting the Domestic Violence Disclosure Providing the defence with any material that could undermine the prosecution or help the defendant’s case. Prosecutors and investigators are required to do this, to help guarantee the defendant’s right to an open and honest prosecution and a fair trial. " >Disclosure Scheme on a statutory footing;
  • ensures a secure lifetime tenancy where a local authority grants a new secure tenancy to a social tenant who has (or had) a secure lifetime or assured tenancy (other than an assured shorthold tenancy); and
  • extends the extra-territorial jurisdiction of the criminal courts in England and Wales to further violent and sexual offences.

We welcome the Domestic Abuse Act, which will equip the police with new tools to provide Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >victims with better support and immediate protection from abusers.

In this review, the following words, phrases and expressions in the left-hand column have the meanings assigned to them in the right-hand column.

Sometimes, the definition will be followed by a fuller explanation of the matter in question, with references to sources and other material which may be of help to the reader.

Annex D: About the data

The information presented in this review comes from a range of sources, including data published by the Home Office, the Office for National Statistics, inspection fieldwork from 19 forces, and self-assessment returns from all 43 police forces in England and Wales.

Where we collected data directly from police forces, we took reasonable steps to agree the design of the data collection with forces and with other interested parties (such as the Home Office).

We gave forces several opportunities to quality assure and validate the data they gave us, to make sure the evidence presented was accurate. For instance:

  • we checked and queried data with forces where they had submitted data that was notably different from other forces’ data or was internally inconsistent; and
  • we asked all forces to check the final data used in the report and to correct any errors found.

Forces not included or where the data return isn’t comparable to others are listed alongside their respective graphs. Our data is sourced from a combination of published sources and HMICFRS data. British Transport Police was outside the scope of inspection. Any aggregated totals for England and Wales exclude British Transport Police data, so will differ from those published by the Home Office.

For all uses of population as a denominator in our calculations, we use the Office for National Statistics mid-2016 population estimates (unless otherwise noted). This was the most recent data available at the time.

For the specific case of City of London Police, we include both resident and transient populations within our calculations. This is to account for the unique nature and demographics of this force’s responsibility.

In the chart ‘ Domestic abuse crimes per 1,000 population’, we were not able to source directly comparable incident data for South Wales Police. Using comparable data, 26.5 domestic abuse marked crimes per 100 were detected; the force told us that that approximately 28 domestic abuse incidents were detected per 1,000 people in South Wales Police. Both figures are significantly above the average for England and Wales. We were not able to source incidents data for Hampshire. City of London had very low incidents and crimes due to its small resident population.

We obtained this data from Home Office police-recorded crime and outcomes data tables for the 12 months to 31 March 2020.

Total police-recorded crime includes all crime, except fraud offences, recorded by all police forces in England and Wales. Home Office publications on the overall volumes and rates of recorded crime and outcomes include the British Transport Police, which is outside the scope of this inspection. Therefore, England and Wales rates in this report will differ from those published by the Home Office.

Any data referring to police-recorded crime should be treated with care. Recent increases may be attributed to the renewed focus on the quality and compliance of crime recording since our national inspection of crime data in 2014, and continuing crime data integrity inspection programme.

Other notable points to consider when interpreting outcomes data are as follows:

  • Crime outcome proportions show the percentage of crimes recorded in the 12 months to 30 June 2020 that have been assigned each outcome. This means that each crime is tracked or linked to its outcome. Therefore, this data is subject to change, as more crimes are assigned outcomes over time.
  • Under the new framework, 37 police forces in England and Wales give outcomes data through the Home Office data hub every month. All other forces give this data via a manual return. They also do this monthly.
  • Direct comparisons shouldn’t be made between general crime outcomes and domestic abuse -related outcomes. Domestic abuse -related outcomes are based on the number of outcomes for domestic-abuse related offences recorded in the 12 months to 30 June 2020, irrespective of when the crime was recorded. Therefore, the domestic abuse -related crimes and outcomes recorded in the reporting year aren’t tracked, whereas the general outcomes are.

Domestic abuse-related offences

Data relating to domestic abuse -related offences is obtained through the Home Office for the 12 months to 31 March 2020. The Home Office collects this data regularly and requires all forces to record accurately, and flag, domestic abuse crimes. Domestic abuse Flags ‘Red flags’ which are typically used on police systems other than the Police National Computer. These systems include local crime recording, intelligence and incident management systems. The flags identify where an individual may: pose a risk to themselves;<br/> pose a risk to others;<br/> be vulnerable; or<br/> be wanted in connection to an offence.<br/><br/> " >flags should be applied in accordance with the Home Office Counting Rules for Recorded Crime to ensure consistency across forces, and within published datasets.

The Office for National Statistics collected data relating to domestic abuse arrests and outcomes directly from all 43 geographic police forces in England and Wales.

Further information about the domestic abuse statistics and recent releases is available from the Office for National Statistics.

Domestic abuse arrest rate (per 100 domestic abuse-related offences) in England and Wales in the 12 months to 31 March 2020

The arrest rate is calculated using a common time period for arrests and offences. It is important to note that each arrest isn’t necessarily directly linked to its specific domestic abuse offence recorded in the 12 months to 31 March 2020 in this calculation. It is also possible to have more than one arrest per offence.

In addition, the reader should note the increase in police-recorded crime which affected most forces over the last year. This may mean arrest rates are higher than the figures suggest. Despite this, the calculation still indicates whether the force prioritises arrests for domestic abuse offenders over other potential forms of action.

During our inspection process, we evaluated the arrest rate alongside other measures (such as use of voluntary attendance or body-worn video cameras), to understand how each force deals with domestic abuse overall.

The reference group supports the development and delivery of the domestic abuse elements of the HMICFRS inspection programme. The group also provides expertise and challenge when developing recommendations on police practice. Their input over the years has been invaluable.

  • Karen Morgan-Read, Crown Prosecution Service
  • Sophie Linden, Deputy Mayor, The Mayor’s Office for Policing and Crime
  • Nicole Jacobs, Domestic Abuse Commissioner
  • Veronica Oakeshott, Drive Partnership
  • Helen Davies, Her Majesty’s Inspectorate of Probation
  • Priya Patel, Home Office
  • Karen Reader, Home Office
  • AC Louisa Rolfe, Metropolitan Police and the National Policing Lead on Domestic Abuse
  • Julia Mulligan, North Yorkshire Police and Crime Commissioner
  • Julia Dwyer, Refuge
  • Jane Keeper, Refuge
  • Kelly Maguire, Respect
  • Jo Todd, Respect
  • Jessica Asato, SafeLives A UK-wide charity with the objective of "ending domestic abuse, for everyone and for good". It works with organisations throughout the UK to transform the response to domestic abuse. It assesses the whole picture for each individual and family to get the right help at the right time to make families everywhere safe and well. " >SafeLives
  • ACC David Thorne, South Wales Police
  • David Tucker, The College of Policing
  • Vera Baird QC, Victims In our inspection reports and other published documents, we often refer to ‘victims’ of crime. In many cases, the people in question are victims and offences have been committed against them, and the position is clear.However, and depending on context, it must be understood that when we use this term in relation to circumstances where it hasn’t been established that an offence has been committed, or who is the person against whom an offence was committed, we are referring to the person who: says they are the person against whom that offence was or may be committed; or<br/> is said or considered by another person to be the person against whom that offence was or may be committed.<br/><br/>In using the term ‘victim’, there is no suggestion that the fundamental criminal justice principle of the presumption of innocence of a suspect or accused person is being disregarded. " >Victims ’ Commissioner
  • Rachel Nicholas, Victim Support
  • Angie Whitaker, West Midlands Police and Staff Officer to AC Louisa Rolfe
  • Lucy Hadley, Women’s Aid

Review of policing domestic abuse during the pandemic – 2021

Last updated: 14 June 2021

  • HMICFRS style guide
  • Accessibility statement
  • Useful links
  • Definitions and interpretations
  • Terms and conditions
  • Freedom of information
  • Privacy notice
  • How to contact HMICFRS

Accessibility controls

Domestic abuse, introduction, terminology.

  • Violence Against Women and Girls strategy (VAWG)>

Domestic Abuse definition

Applying the code, offences available to prosecutors.

  • Extra-Territorial jurisdiction

Case building and approach to prosecuting DA cases

  • Supporting victims

Acceptability of pleas

Sentencing and ancillary orders, civil orders, breach of orders, impacts of da, domestic homicide reviews, annex a: joint evidence checklist, annex b: witness summons, annex c: important points to remember in cases of domestic abuse, annex d: impacts of domestic abuse.

  • Annex E: National Support Agencies

This guidance has been updated to reflect changes brought in by the Domestic Abuse Act 2021, (DA Act). Prosecutors should note that further sections of the DA Act will come into force in 2022 and 2023. The guidance will be updated when these sections have been commenced.

This legal guidance sets out how prosecutors should apply the  Code for Crown Prosecutors  (the Code) when considering any offences which fall within the definition of Domestic Abuse (DA) as outlined in the section of this guidance titled ‘Domestic Abuse Definition’ and regardless of the age of those involved. All DA cases should be identified on the CPS Case Management System (CMS) by applying the ‘Domestic Violence’ flag. Prosecutors dealing with DA cases should have completed the DA training and ensure they understand the impacts and dynamics of how abuse may be perpetrated.

DA cases are amongst the highest priority work dealt with in the criminal justice system. The safety of adult and child victims is imperative when prosecuting cases of DA.

There is no specific offence of ‘domestic abuse’. It is a general term describing a range of behaviour and can be applied to a number of offences. The DA Act introduced a statutory definition of domestic abuse which is set out below in the section Domestic Abuse Definition. The domestic nature of the offending is an aggravating factor because of the abuse of trust involved. Victims will know and often live with, or have lived with, the offender and there may be a continuing threat to the victim's safety. In some cases, there is a threat to their life or the lives of others around them.

DA can inflict lasting trauma on victims and their extended families, especially child victims and young people who may not see the abuse, but may be aware of it, or hear it occurring. Individuals experiencing DA will not be always be aware that what is happening to them is abusive behaviour.

In many cases a suspect’s abuse of a victim becomes more frequent and more serious the longer it continues, and, in some circumstances, it can result in death. DA cases require sensitive and careful handling taking account of the nature of the offending behaviour; the relationship between the victim and offender; the victim’s family circumstances; cultural or religious beliefs and other factors such as apostasy, sexual orientation and/or gender identity, mental capacity or physical disability, or poor health. People of all ethnicities, genders, sexualities, ages, disabilities, immigration status, religions or beliefs, and socio-economic backgrounds can be victims or offenders of DA.

Support and safety needs for victims should be identified from the outset and continually considered throughout the life of a case. Improving a victim's safety is key. It may help to raise their confidence in the criminal justice system and facilitate their participation in the investigation and prosecution process.

Prosecutors should work closely with the police to ensure that accurate and up to date information is provided to the victim throughout the case, particularly about special measures and other support that may be available, Regular liaison with Independent Domestic Violence Advisers [IDVAs] (where in place), Young People's Violence Advisers (YPVAs), or other support services (including from specialist organisations), Witness Care Units (WCUs), and voluntary sector support organisations, is recommended to ensure the victim's safety and support needs are properly understood and addressed. Local systems and protocols, specifically addressing communications processes or pathways between the CPS, WCU, and support organisations should be kept up to date. All pathways should be set up to provide a two-fold function, with the ability to address safety, progress of a case and its outcomes in a speedy and efficient manner, as well as providing victims with accurate information on the criminal justice process and the roles of the relevant agencies.

Language and terminology are important in the criminal justice system and it is acknowledged that a range of terms are used by different organisations.

In all CPS legal guidance, the term ‘victim’ encompasses other terms such as ‘complainant(s)’, and ‘survivor(s)’ and is used to denote:

  • a person who has made an allegation,
  • a person who has experienced harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence; or
  • a close relative (or a nominated family spokesperson) of a person whose death was directly caused by a criminal offence.

All CPS legal guidance uses the term “suspect” to describe a person who is under consideration as the subject of formal criminal proceedings; “defendant” to describe a person who has been charged or summonsed; “offender” to describe a person who has admitted guilt as to the commission of an offence, or who has been found guilty in a court of law.

The use of any wording does not confer any finding or judgement on the allegations that have been made. All allegations will be prosecuted impartially in accordance with the Code for Crown Prosecutors.

Violence Against Women and Girls strategy (VAWG)

The  VAWG Strategy  provides an overarching framework for crimes identified as being primarily, but not exclusively, committed by men, against women and girls within the context of power and control. Though the majority of reported victims covered by VAWG offences are women, the CPS recognises that some offenders will be women, non-binary or identify in a different way and some victims will be men, non-binary or identify in a different way.

All references in this guidance are gender neutral and are applied to all suspects and victims of crime irrespective of gender, or sexual orientation, in accordance with the Code.

DA prosecutions should be addressed within the overall framework of violence against women and girls and human rights.

The DA Act aims to raise awareness about the devastating impact of DA on victims and their families and to further improve the effectiveness of the justice system in providing protection for victims of DA and bringing offenders to justice.

It introduced a statutory definition to ensure that DA is properly understood, viewed as unacceptable and actively challenged across statutory agencies and in public attitudes.

The DA Act does not create a specific criminal offence of DA. DA can fall under a range of offences which are considered in the section of this guidance titled ‘offences available to prosecutors. The DA Act sets out who can be a victim of DA behaviours and establishes how victims need to be connected to the offender. It also makes clear that children are deemed to be victims of DA if they see, hear, or experience the effects of abuse and they are related to the victim or offender.

The relationship between the victim and perpetrator under the statutory definition

The definition of DA is in two parts, which can be found at  section 1 DA Act.  The first part deals with the relationship between the victim and the suspect: the victim and suspect must both be aged 16 or over  and they must be “personally connected”.

Prosecutors should continue to flag and apply this guidance to all cases that meet the definition of DA regardless of the age of the victim and suspect.

In what circumstances can people be personally connected in the DA Act?

Section 2 of the DA Act  sets out how people can be personally connected, and it ensures that different types of relationships are captured, including ex-partners and family members.

Section 2: Definition of “personally connected”

  • they are, or have been, married to each other;
  • they are, or have been, civil partners of each other;
  • they have agreed to marry one another (whether or not the agreement has been terminated);
  • they have entered into a civil partnership agreement (whether or not the agreement has been terminated);
  • they are, or have been, in an intimate personal relationship with each other;
  • they each have, or there has been a time when they each have had, a parental relationship in relation to the same child (see subsection (2));
  • they are relatives.
  • the person is a parent of the child, or
  • the person has parental responsibility for the child.

The DA Act uses the same definition of ‘relative’ as  Section 63 of the Family Law Act 1996 . This is wider than the previous definition and means:

  • the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson, or granddaughter of that person or of that person’s spouse, former spouse, civil partner, or former civil partner, or
  • the brother, sister, uncle, aunt, niece, nephew or first cousin (whether of the full blood or of the half blood or by marriage or civil partnership) of that person or of that person’s spouse, former spouse, civil partner, or former civil partner.

There is no requirement in the DA Act for the victim and suspect to be co-habiting.

The DA Act uses the same definition of ‘relative’ as Section 63 of the Family Law Act 1996 . This is wider than the previous definition and means:

There is no requirement in the DA Act for the victim and perpetrator to be co-habiting.

What is abusive behaviour in the DA Act?

Section 1(3) DA Act  sets out what constitutes abusive behaviour, listing broad categories to capture the different types of abuse. These include

  • physical or sexual abuse;
  • violent or threatening behaviour;
  • controlling or coercive behaviour;
  • economic abuse (see subsection (4));
  • psychological, emotional or other abuse;

The DA Act also clarifies that it does not matter whether the behaviour consists of a single incident or a course of conduct.

In terms of economic abuse, it also clarifies that this can include:

‘any behaviour that has a substantial adverse effect on B’s ability to— 

  • acquire, use, or maintain money or other property, or
  • obtain goods or services.’

Children as victims of DA

The DA Act recognises the devastating impact that DA can have on children.  Section 3 DA Act  came into force on 31 January 2022 and specifically provides that a child, (under18 years old), who sees, hears, or experiences the effects of DA and is related to the victim or the suspect is also to be regarded as a victim of DA. This will help to ensure that locally commissioned services consider and address the needs of children affected by DA. This does not create any new offence in relation to DA, but prosecutors should be reminded that children that fall within the above definition should be flagged as victims.

In what circumstances is a child related to the victim or the perpetrator in the DA act?

Section 3(3) DA Act  sets out when a child is related to a person:

  • The victim or suspect is a parent of, or has parental responsibility for, the child, or
  • The child and the victim/suspect are relatives

Prosecutors must apply the Code. CPS policy and legal guidance does not take precedence over the code but is intended to support prosecutors in their decision-making and in the proper application of the Code. Prosecutors should note the  Director’s Guidance on Charging - sixth edition, Annex 1 , sets out the division of charging responsibility between the police and CPS in domestic abuse cases. It makes clear that the police cannot charge any domestic abuse offence without referral and a threshold or full code test advice of the CPS.

The test for DA prosecutions is the same as for any other offence (‘the Full Code Test’):

  • the prosecutor must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction, and
  • the prosecutor is satisfied that a prosecution is required in the public interest.

In accordance with paragraph 3.3 of the Code, prosecutors must have regard to the impact of any failure on the part of the police to pursue an advised reasonable line of enquiry or to comply with a request for information, when deciding whether the application of the Full Code Test should be deferred or whether the test can be met at all.

Evidential Stage

The key principles can be summarised as follows:

  • The evidential stage of the Code test requires prosecutors to conduct an “objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or on which they might rely. It means that an objective, impartial and reasonable jury or bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the suspect of the charge alleged." This is a different test from the one that the criminal courts themselves must apply. A court may only convict if it is sure that the defendant is guilty.
  • Prosecutors must not allow DA Misconceptions or assumptions to influence their evaluation of the evidence.
  • These cases require a careful and balanced assessment of all relevant evidence, particularly those related to the suspect. A suspect-centric approach is an effective strategy for investigating and prosecuting DA offences. This might involve scrutiny of accounts given of the event, forensic examination and careful consideration of relevant digital material and CCTV coverage and advising on actions that can be taken to address weaknesses in the case. This approach to case building is aimed at building the strongest case possible whilst ensuring that the investigation is fair.
  • Victims may not realise that they are in a relationship with a suspect of abuse as some abusive behaviours may not be violent or immediately obvious; prosecutors should therefore handle cases without any preconceptions.
  • Victims will often adjust their behaviour to try and prevent any further abuse, especially where child victims or other dependents are present, or to simply have an ‘easier time’; such behaviour may as a result be ‘normalised’, with the victim showing no obvious stereotypical behaviours. This does not mean that the victim has not been subject to abusive behaviour.
  • A number of factors have been previously stereotyped as militating against some victims, including delay in reporting the matter; inconsistencies in accounts; the victim carrying on with their everyday life; voluntarily returning to their abuser; or victim’s or reliance on alcohol or other substances. Rather than undermining the credibility and reliability of the victim’s account, these factors may in fact provide evidence that the victim has been, and/or continues to be abused. Victims of DA typically experience a number of abusive incidents before they feel able to report the matter.
  • The Code requires prosecutors to consider what the defence may be and whether there is any material which may undermine the prosecution case. Prosecutors must assess each undermining feature objectively and then assess the cumulative effect in the overall context of the strengths of the case. Ultimately, a prosecutor must decide if the combined effect of such factors after an objective analysis is such that the evidential stage is not met. Prosecutors must not introduce a requirement for corroboration in the review process - one person's word can be enough (and often is) but the quality of the evidence must be assessed in the manner described above.
  • Domestic abuse often involves a series of incidents or behaviours within a course of conduct, although one occurrence may create the impetus for a victim to report the offending. It is therefore important for prosecutors to satisfy themselves that they have all the available information including that which might support controlling or coercive behaviour and stalking, before deciding on the appropriate charge. 
  • Prosecutors must consider whether there is any material that may affect the assessment of the sufficiency of evidence, including examined and unexamined material in the possession of the police, and advise on any further reasonable lines of enquiry.
  • Once it becomes clear that a case is not going to meet the Full Code Test, it is important to take a decision as soon as possible so that those impacted can be informed promptly.

Is it in the public interest to prosecute?

Paragraph 4.14 of the  Code for Crown Prosecutors  sets out the factors a prosecutor must address in their review when considering whether it is in the public interest to proceed with a prosecution.

It does not automatically follow that if there is sufficient evidence, there will always be a prosecution. A prosecution will usually take place unless there are public interest factors tending against prosecution that outweigh those tending in favour. Given the seriousness of DA offending, a prosecution will normally be required when the evidential requirements under the Code are met. There are, however, many factors, which may influence consideration of the public interest in prosecution, especially in relation to offending by  youths .

Where the evidential stage has been met, but in circumstances where a victim is not willing to support a prosecution, prosecutors will need to carefully consider the interests and safety of the adult and child victim, other family members and other dependents when assessing whether a prosecution is in the public interest.

Prosecutors should be made aware of any children living with or frequently visiting the address of a DA suspect.  The impact on children is relevant to the assessment of the public interest test, given that it can increase the seriousness of the offence and the final charging decision. It is also possible that other agencies or organisations (such as support and voluntary organisations, Children's Services and schools) may have been made aware of the abuse, or other proceedings such as family proceedings may be taking place as a result. When it is a reasonable line of enquiry, prosecutors should ask the police to seek such information to help inform the final charging decision to be made.

Avoid charging delays/cooling off periods

All charging decisions should be made expeditiously and with the consideration for the safety of the victim and any dependants. Delaying charging decisions to allow for a ‘cooling off’ period for either the victim or the suspect should not be applied in any circumstance.

Out of court disposals and diversionary tools

Restorative justice.

Restorative justice is the process of bringing together those harmed by crime or conflict with those responsible for the harm to find a positive way forward.

Restorative Justice is rarely appropriate in DA cases and is not recommended in cases involving intimate partner abuse. Any officer considering the use of restorative justice in a DA case must take advice from their supervisors and other agency experts. Each individual police force will have their own established policy for the use of restorative justice in DA cases.

More information can be found in the  Restorative Justice  legal guidance, the  Restorative Justice Council website  and the  College of Policing guidance .

Simple cautions

The police should consider cautions carefully in DA cases. This is because such cases involve a breach of trust and may involve a pattern of behaviour. The police can only consider offering a simple caution for a DA case if it involves a summary or either way offence. Conditional cautions are also available but only in limited circumstances.

Prosecutors should note guidance on  Simple Cautions for Adult Offenders  recommends 'positive action' is taken to ensure the safety and protection of an adult and child victim while allowing the offender to be held to account.

It will rarely be appropriate to deal with a DA case by way of a simple caution. A simple caution can only be considered when the evidential stage of the Full Code Test is satisfied. The public interest test requires consideration of whether prosecution is a proportionate response and whether there is an alternative. However, where a positive action policy has been adhered to, the victim does not support a prosecution, and the available evidence (including any additional evidence adduced) would only disclose a very minor offence, the police may consider a simple caution.

Conditional cautions

Part 3 of the Criminal Justice Act 2003 makes provisions for offenders to be diverted from the courts by issuing them with a conditional caution. As stated in the  DPP's Guidance on Adult Conditional Cautions , for offences involving DA, will only be available in exceptional circumstances for lower-level offending which does not involve controlling or coercive behaviour or stalking, and rarely in cases involving intimate partner violence. For further information prosecutors should refer to the Conditional Cautioning Adults – DPP Guidance on  Conditional Cautioning Adults – DPP Guidance .

Youth cautions and youth conditional cautions

The police can offer a Youth Caution (YC) for a DA case without consulting the CPS (unless the offence is one that would be indictable only if committed by an adult) for an offence of DA that scores 3 or less on the  gravity matrix .

When a prosecutor is considering a Youth Conditional Caution (YCC), they must consult with the Youth Offending Service and consider the case in accordance with the  Code  with reference to the legal guidance on Y outh Offenders  and the  DPP Guidance on Conditional Cautioning Youths .

Prosecutors should consider each case based on the facts presented to them and determine the appropriate offence(s) to charge on a case by case basis. Prosecutors should ensure they consider the wider context of any incidents reported by victims and ensure that any other relevant potential charge(s) or ongoing investigations are considered . Prosecutors should always consider if a pattern of behaviour demonstrates controlling or coercive behaviour. Prosecutors may need to seek further information or evidence to ensure the most appropriate charges are brought. Most incidents reported to the police are not isolated and it is well documented that DA usually escalates over time.

Prosecutors are reminded that there are no specific offences of DA, and any number of offences could fall within the definition. Prosecutors should consider this as overarching guidance regarding DA but must refer to individual legal guidance regarding specific offence(s) being considered.

Prosecutors should also be aware that on 29 April 2021  section 71 DA Act  came into force which states that a person may not consent to the infliction of serious harm for the purposes of obtaining sexual gratification, and by extension, is unable to consent to their own death. Further guidance can be found in the RASSO guidance at the section titled ' consent to serious harm for sexual gratification. '

DA offences will be prosecuted under the specific offences committed but it is important that consideration is given to all the circumstances when assessing which offences are the most appropriate. Prosecutors should refer to paragraph 6 of the  Code  for further guidance on selection of charges. Below is a list of links to relevant legal guidance for potential offences that prosecutors should consider. Please note this is not an exhaustive list and other offence(s) may be appropriate in the circumstances of the case:

  • Controlling or Coercive  behaviour legal guidance. Prosecutors should note that  section 68 DA Act  will expand the definition of “personally connected” to reflect that there  is no longer a requirement for the victim and suspect to live together. It will include post-separation and familial abuse where the parties do not live together. Prosecutors should note that this section is not currently in force and the guidance will be updated when this section of the DA Act has been implemented.
  • Disclosing Private Sexual Photographs and Films without Consent  legal guidance. Prosecutors should note that on 29 June 2021  section 69 DA Act  extended this offence to include threats to disclose such material.
  • Offences Against the Person - Charging Standard  legal guidance
  • Rape and Sexual Offences  legal guidance
  • Stalking and Harassment  legal guidance
  • Social Media Communication  legal guidance
  • So-Called Honour-Based Abuse and Forced Marriage  legal guidance
  • Child Abuse (non-sexual)  legal guidance
  • Offensive Weapons, Knives, Bladed and Pointed Articles  legal guidance
  • Non-fatal strangulation and non-fatal suffocation legal guidance
  • Prosecutors are also reminded to consider any relevant breach offences, such as: breach of a restraining order, breach of a non-molestation order and breach of a stalking protection order. Restraining orders  legal guidance (prosecutors should refer to the breach of restraining orders section)
  • Modern Slavery, Human Trafficking and Smuggling  legal guidance
  • Female Genital Mutilation legal guidance

Statutory time limits for offences of common assault or battery which amount to DA

Prosecutors should have regard to section 39A Criminal Justice Act 1988 (CJA 1988), inserted by section 49 Police Crime and Sentencing Act 2022 (PCSCA 2022). This section applies to any offences of common assault or battery which amount to domestic abuse, as defined in section 1 Domestic Abuse Act 2021 and applies to offences committed on or after 28 June 2022, it is not retrospective, (section 39A(7) CJA 1988).

When a victim has made a statement or a video recorded interview (VRI) with the view to its possible admission as evidence in proceedings and it has been provided to a police officer or person authorised by the police, (section 39A(2) and (3) CJA 1988). The proceedings can be commenced when both the following apply:

  • at any time within 2 years from the date of the offence to which the proceedings relate, and
  • within six months from the first date the victim made a statement or was interviewed about the incident, (section 39A(4) CJA 1988).

This has effect despite the limitations in section 127 Magistrates' Court Act 1980 , which states that summary only proceedings must be commenced within 6 months of the date of the offence was committed, (section 39A(5) CJA 1988).

Extra-territorial jurisdiction

On 29 June 2021,  sections 72, 74(1) & (2) , and Parts 1 & 2 of  Schedule 3  of the DA Act were implemented. These provide extraterritorial jurisdiction of the criminal courts in England, Wales, Scotland, and Northern Ireland. Where appropriate, UK nationals and those habitually resident in the UK who commit certain violent and sexual offences outside the UK they may be brought to trial here. The offences to which this applies are:

  • Manslaughter
  • An offence under section18, 20 or 47 of the Offences Against the Person Act 1861
  • An offence under section 23 or 24 if the Offences Against the Person Act 1861
  • An offence under section 1 of the Infant Life (Preservation) Act 1929
  • An offence under section 4 and 4A of the Protection from Harassment Act 1997
  • Certain offences under the Sexual Offences Act 2003 (for further guidance prosecutors should refer to the  RASSO  legal guidance)
  • An offence under section 76 Serious Crime Act 2015

Prosecutors should refer to the  Jurisdiction  guidance for further guidance in relation to extra-territorial jurisdiction and how to prosecute these cases.

It is important that evidence is gathered to build a robust prosecution case which takes a suspect-centric approach and is not focused solely on the evidence of the victim. The stronger the overall case, the less likely it is that it will be contested or, if it is, that the prosecution will need to call upon the victim to give evidence. The starting point should be to build cases in which the prosecution does not need to rely on the victim. However, prosecutors should ensure that the views of the victim are balanced with this approach, and they are not overlooked during proceedings.

Early Advice (EA)

Investigators should consider seeking Early Advice in sensitive, or complex DA cases. Cases involving a death, rape, or other serious sexual offence should always be considered for early referral, particularly once a suspect has been identified and it appears that continuing the investigation will provide evidence upon which a charging decision may be made. Further guidance on Early Advice can be found in the  Director's Guidance on Charging, 6th edition .

Suspect - centric approach

An effective strategy for investigating and prosecuting DA offences requires focus on the actions of, and tactics used, by suspects. Prosecutors must encourage investigators to take a suspect-centric approach to case building which involves looking closely at the actions of the suspect before, during and after the alleged offence. DA incidents often take place in private, and the victim may be the only witness. Prosecutors should advise investigators to pursue reasonable lines of enquiry which may include an analysis of the suspect’s digital communications, analysis of their behaviour from CCTV or statements from third parties who may have knowledge of the parties or had disclosures made to them. Prosecutors should look at the wider pattern of behaviours and not focus solely on the incident before them. This should include considering any bad character evidence, including any previous incidents against others, patterns of behaviour such as: previous call outs, reports by the same victim, previous DVPOs/DVPNs and previous acquittals. Whether the victim is dependent on the suspect for finances, care, provision of medication or immigration security. This approach to case building is aimed at building the strongest case possible whilst ensuring that the investigation is fair.

Prosecutors should consult the  Vulnerable Victims Toolkit  which highlights common types of offender tactics and behaviours.

Factors to consider when making charging decisions

Charging decisions in DA cases must be made by the CPS and not the police. The police may make the decision to offer a simple caution for a DA case if it involves a summary or either way offence, but they must refer any indictable only offence to the CPS for further advice. The police can take no further action without referring a case to the CPS, but only if they decide that the evidential test is not met. The police are not authorised to take no further action on public interest grounds (paragraph 4.4 Director’s Guidance on Charging 6 th edition).

Prosecutors should work closely with the police from the outset to ensure effective gathering and collation of evidence to build strong prosecution cases:

  • all cases should be built by ensuring the investigator follows all reasonable lines of enquiry including those which do not rely upon evidence solely from the victim
  • police and prosecutors should use the Joint Evidence Checklist as a matter of routine to ensure that all evidential opportunities have been taken
  • effective information sharing with other agencies and support organisations may assist prosecutors and police in case building
  • police and prosecutors need to work closely to ensure that a victim’s safety and welfare needs are addressed through receipt of informed risk assessments and risk identification
  • bail and remand should be considered in respect of the specific facts of the case
  • in all cases prosecutors should consider not only the offence presented to them by police but the background and any other potential offences, particularly where there are a number of allegations which, together, might amount to a more serious offence. For example: ABH and controlling or coercive behaviour
  • Police and prosecutors should ensure the views of the victim are obtained to understand if they are supportive of a prosecution and wish to take part in proceedings .

Joint working by police and prosecutors is required to a build a case and prosecutors should always advise the police where it is considered that there are outstanding reasonable lines of enquiry. Clear action plans setting out the additional lines of enquiry, with timescales, should be provided to the police.

The  Attorney General's Disclosure Guidelines  and the  CPIA Code of Practice  make it clear that a fair investigation involves following all reasonable lines of enquiry, whether they point towards or away from the suspect. What is ‘reasonable’ will depend on the context of the case. A fair investigation does not mean an endless investigation: investigators and disclosure officers must give thought to defining, and thereby limiting the scope of their investigations to what is reasonable, seeking the guidance of the prosecutor where appropriate. Prosecutors should consider what the identified or likely issues in the case are and should develop a case strategy based on those issues. This will inform the reasonable lines of enquiry to be pursued.

Further guidance can be found in the  Attorney General's Disclosure Guidelines.

When charging decisions are being considered victims should be kept appraised of the progress of the case by the police and should be notified when a final decision regarding charge has been made, in accordance with Right 6 in the Victim’s Code.

Self-defence and counter allegations

Prosecutors may often be presented with conflicting accounts of the incident, with each party claiming to be the victim. The suspect may make a counter-allegation of abuse, or argue that they have acted in self-defence, making it difficult to identify and distinguish between the primary victim and primary suspect.

In cases where a counter allegation has been made, police officers should conduct an immediate further investigation at the scene (or as soon as is practicable) to attempt to establish the primary suspect and to assess whether the primary victim may have been justified in using a reasonable level of force to defend themself or another person, such as a child. Police and prosecutors should be alert that some counter allegations may be made to further the abuse perpetrated on the primary victim. A thorough investigation should be conducted into the background of the relationship between the victim and alleged suspect to ensure that the full context of the incident is understood. Prosecutors should consider each case on the circumstances and facts known and ensure all reasonable lines of inquiry are followed including information that maybe available from specialist support organisations such as from IDVAs is considered before determining whether a prosecution is appropriate by applying the Code.

The police should record the following information:

  • the nature of the relationship between the victim and suspect;
  • whether either party, or both, are involved in other proceedings, such as civil proceedings/orders, or family proceedings;
  • the comparative severity of any injuries inflicted by the parties;
  • any information regarding controlling or coercive behaviour (including emotional or economic abuse); 
  • whether either party has made threats of future harm to others or themselves (including children, other family members, or others living in the same household);
  • any prior history of abuse by either party;
  • any previous counter allegations by either party and the results of those allegations; and,
  • whether either party acted defensively to protect themselves or a third party from injury.

First response officers will be able to record the behaviour of the parties or note any other information which may assist in building the case. It is also possible that officers attending the scene may be wearing body-worn cameras which might capture vital evidence. Where possible, and when relevant, prosecutors should request to view this footage prior to their charging decision.

The victim in the reported incident may also have acted in retaliation, which may add to the complexity of the report. If there is uncertainty prosecutors should request further information from the police to help clarify the situation as soon as possible. This will help prosecutors assess circumstances where, for example, a primary victim of abuse has retaliated against a suspect who has been abusing them for many years, as well as other scenarios, such as victims of alleged reciprocal abuse.

Police and prosecutors should understand the vulnerability of victims and the impact that control, coercion, and psychological abuse may have on the individual. There may be some circumstances in which the suspect will accuse the victim of having mental health difficulties and use this to suggest that the allegation reported did not occur. In this situation, prosecutors should carefully review all known information about the suspect and victim.  It may be a reasonable line of inquiry to obtain information about a victim’s mental health from an independent health care professional such as a GP or a mental health team. Each case should be considered on its own facts. Victims should not be subjected to any Misconceptions or assumptions.

When reviewing DA cases prosecutors should consider any previous convictions or cautions that the suspect has on their police national computer (PNC) record. Prosecutors should pay particular attention to any previous convictions or intelligence which are DA related involving the same victim or another victim. Where these exist, the prosecutor must seek further information from the police about the facts and circumstances of each offence. The prosecutor should then analyse each previous offence and record in their charging decision any impact this has on their decision to charge. If charged, the rationale for applying to adduce bad character and its admissibility should be recorded.

As well as previous convictions/cautions prosecutors should consider any background information and previous misconduct, such as police call outs, allegations not previously proceeded or acquittals, or relevant proceedings in the civil or family courts and review any relevant material to determine if this should be subject to a bad character application. Prosecutors should consider if this information falls within any of the gateways under  s101 CJA 2003 , such as important explanatory evidence or to correct a false impression given.

Prosecutors should consider whether an offence(s) that has not been prosecuted previously has sufficient nexus to be joined with the latest indictment or charge(s), having in mind any statutory time limits on prosecutions. Where a summary only offence has been committed, any charge(s) may be commenced at any time within 2 years from the date of the offence to which proceedings related and within six months from the first date the victim made a statement or was interviewed about the incident.  This time limit may prevent some previous cases being joined with those involving later offences or victim(s). Prosecutors should also consider if previous incidents assist in demonstrating a pattern of behaviour that supports additional charges such as controlling or coercive behaviour. Prosecutors should also consider whether a judge is likely to rule that fairness requires separate trials (severance).

Prosecutors should note that counter allegations may be used as the basis of bad character applications against the victim (section 100 of the CJA 2003 allows for the bad character of any witness to be admitted, subject to certain conditions). A thorough investigation of such claims should take place to ensure that factually incorrect or misleading information is not put before the court.

Prosecutors should refer to the legal guidance on  bad character  for further guidance regarding admissibility and how to make an application/respond to an application.

Previous domestic abuse incidents and serial offenders

Proactive enquiries into the suspect’s s previous criminal behaviour, or intelligence reports relating to DA incidents (even if they concern a different victim) should be obtained.

Additionally, prosecutors may find it useful to enquire of the police whether any information has been made available about the suspect’s behaviour through the police-led Domestic Violence Disclosure Scheme that includes two routes for disclosing information:

  • “Right to Ask” is triggered by a member of the public or professionals who have concerns applying to the police for a disclosure; and
  • “Right to Know” is triggered by the police making a proactive decision to disclose information to protect a potential victim.

Joint Evidence Checklist

The Joint Evidence Checklist (see Annex A) must be supplied by the police to the CPS in every DA case submitted for a charging decision. It is designed to provide a series of prompts to police and prosecutors to assist in building DA cases based on evidence other than that of the victim, to ensure a full history of offending behaviour has been captured and to ensure consideration is given to support mechanisms to maximise the safety of victims. This is not an exhaustive list, and any other relevant evidence or information should be considered by the police and prosecutors. Prosecutors should prompt the police where it is considered that further supporting evidence may be useful to build the file.

Risk assessments and risk indication checklists

Risk assessments are usually conducted by the police upon notification of an incident. Risk assessments will vary between forces but the most common used are DASH (Domestic Abuse Stalking and Honour based violence) and DARA (Domestic Abuse Risk Assessment) risk assessments. There are a number of other risk identification checklists and tools available for adults, and Young People's risk assessment tools which help identify the risk to a victim.

Multi-Agency Risk Assessment Conferences (MARAC) may also take place. These are meetings for victims of DA who have been identified by local partner agencies as high risk. The MARAC is an opportunity for partners to share information which might identify further risk to the victim and develop a multi-agency action plan to address those risks.

Prosecutors should request from the police a copy of the risk assessment for each case as a matter of routine.

The safety of the adult and child victim, and other dependents or family members should be considered throughout a prosecution case and updated risk assessments requested where appropriate.

Bail and Remand

Prosecutors should read this section in conjunction with legal guidance on  Bail .

The safety of the adult and child victim and other dependents should be considered carefully when deciding whether to oppose bail. Prosecutors should ensure that the police (and through the police, IDVAs, YPVAs and other specialist support organisations) have gathered relevant information, including the victim's views. This will help to inform conditions to be applied when the defence make bail representations and will assist in opposing bail when a remand in custody in appropriate. This will include the following:

  • the victim's whereabouts or living arrangements - whether the victim is in a refuge or other safe location, the details must not be disclosed as part of the bail arrangements or any protective order;
  • fears the victim may have regarding the defendant’s behaviour;
  • in familial abuse cases - the victim may fear the defendant’s contact with other family members and the subsequent repercussions. Prosecutors may need to consider this, particularly in cases of so called honour-based abuse;
  • the victim's fear of further offences or repeat offending by the defendant;
  • information regarding any child victim or any other dependents (e.g. care arrangements for children, other family members, and/or any risk of abuse);
  • areas/locations the victim frequently visits or attends (the school attended by child victims or dependents, any social clubs that the child attends and social clubs the victim may attend);
  • the impact on the victim if the victim and defendant are at school/college/university together, or work in the same organisation;
  • methods of contact between the victim and defendant (including, but not limited to mobiles, emails or social media and networking sites, as well as face to face);
  • whether any civil orders are in force and details of those orders;
  • whether any civil or family proceedings are ongoing and the stage they have reached;
  • the proximity of any of the defendant’s relatives, to the victim and the likelihood the offender may want to visit them;
  • whether the defendant is a carer for the victim;  
  • whether the defendant may already be on bail for another offence;
  • the defendant’s history of complying with bail in the current case proceedings; and,
  • the defendant’s history of complying with bail in other proceedings, especially where the offence in question, was one of domestic abuse.

Prosecutors will need to think carefully about applications for bail where the victim and defendant will be unable to avoid each other, or it would be very difficult for them to do so such as in smaller communities. Whilst it is for the court to make the decision, prosecutors will have a duty to consider how the victim can be kept safe in the specific circumstances that apply to them in relation to the defendant.

Discussions with the Youth Offending Team (YOT) may also be necessary to ensure that properly informed decisions are made regarding defendants under 18 years. Prosecutors should refer to the legal guidance on Youth Offenders for bail issues relating to youth defendant’s as well as legal guidance on Youth Offender: Remands.

Prosecutors should ensure that any bail conditions requested prioritise the safety of the adult and child victim and any dependents. The victim should retain as much freedom of movement as possible by curbing the ability of the defendant to approach or intimidate them, such as at home, on the way to work, school or college, regular social venues, extended family homes, when taking children to school, or when socialising with friends. Due care will be required in relation to the different dynamics of the abuse, such as whether the abuse is familial, or between former or current intimate partners, and the nature of safety needs required by the victim.

It is the defendant who is subject to bail conditions, not the victim. The court should make clear to defendants that any breaches will be taken very seriously. Arrangements regarding child contact will be managed by the family court and generally will not be a matter considered within a bail hearing.

Any changes to the bail conditions or custody status of a defendant must be communicated to victims immediately, either by the police or by the CPS in accordance with local arrangements. Victims and witnesses may also be updated by the WCU, or through the IDVA, YPVA or other relevant support organisation involved in supporting them.

If a defendant breaches their bail conditions, the police will arrest them and the court may remand them in custody, or may readmit the defendant with the same, or amended bail conditions. It is important the breach is carefully considered, as new offences may also have been committed in addition to the conditions being breached; prosecutors must review all new offences to assess whether a prosecution should follow.

Where a condition has been imposed for there to be no contact with the victim, it does not matter whether the victim has agreed contact, or if the victim-initiated contact with the defendant. It is the defendant who is subject to the bail conditions and is responsible for compliance until those conditions have been lifted.

In some cases, the victim may have purposely contacted the defendant to reconcile the relationship, manage child contact, or manage other care arrangements with other dependents or family members. In such cases, prosecutors will need to consider how a breach should be effectively dealt with. It is important that wherever possible such matters are brought to the attention of the prosecutor at the outset to ensure that appropriate conditions are applied for, which are specific and suitable for the individuals concerned and designed to keep the adult and child victim and any other dependents safe.

When an application to vary bail is made, prosecutors should insist the defence gives proper notice so that enquiries can be made of the victim to seek their views and check whether any court orders already exist or are pending.

Where the proposed variation concerns contact with a child, prosecutors should note that such contact might provide the defendant with opportunities to intimidate the child and/or victim which, in the worst cases, could lead to murder or suicide. Where the victim is pregnant, prosecutors should be aware that applications by the defendant to be present at medical appointments (e.g. foetal scans) may also provide opportunities for intimidation and violence. Both issues will need to be properly highlighted to ensure that any variations avoid providing the defendant with an opportunity to exploit their relationship with the victim.

Similarly, where cases involve non-intimate partner abuse, it is possible that defendants will exploit situations, or seize on opportunities, enabling them to perpetrate further abuse, such as through the involvement of other family members, or community contacts. Specific and thorough consideration should be given in cases involving controlling or coercive behaviour. Prosecutors should be alert to this and ensure that they prioritise the victim's safety.

Evidence led prosecutions

The prosecution strategy should, from the outset, consider the possibility of proceeding without the victim's support and this should be clearly recorded within the prosecutor’s review. Prosecutors should rarely need to apply to the court for further time to investigate this possibility. Prosecutors should always consider whether there is any risk to the safety of the victim in the case proceeding without their support; a victim should not be placed at increased risk through this course of action. Where there is an evidence led prosecution, victims must still be kept informed of progress. Prosecutors should consider the following in the order outlined:

  • First contact with the police such as 999 calls or the attending officers’ statements, which may cover the demeanour of the victim and the suspect and show the state of the scene
  • Body worn footage – this could cover the demeanour of the victim or suspect (if they remain present at the time the footage was obtained), a first account, capture any injuries and may have significant comments
  • Injuries which could include photos or the comments of what the attending officers have seen and any medical evidence available
  • Independent witness statements
  • CCTV – may capture the incident or demeanour of the parties
  • Suspect’s interview – including any inconsistencies with significant statements
  • House to house enquiries
  • Telephone – messaging and social media
  • Expert evidence
  • the statement was made by a person so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded, or
  • the statement accompanied an act which can be properly evaluated as evidence only if considered in conjunction with the statement, or
  • the statement relates to a physical sensation or a mental state (such as intention or emotion).

See below for further details on how to adduce evidence under the res gestae principle.

  • the statement’s contents
  • any risk that its admission or exclusion will result in unfairness to any party to the proceedings and in particular to how difficult it will be to challenge a statement if the relevant person does not give oral evidence
  • any special measures for the giving of evidence by the fearful witness; and
  • any other relevant circumstances.

The prosecutor will need to show there is a causal link between the fear and the failure or refusal to give evidence. How this is proved will depend on the history and circumstances of the particular case ( R v Riat  [2013] 1 ALL ER 349 ). Further guidance can be found in the  Hearsay  legal guidance;

  • Making an application under section 114(1)(d) of the CJA 2003 - where there is other evidence, consideration should be given to applying to adduce hearsay if it would be in the interests of justice to do so (prosecutors should refer to the legal guidance on  Hearsay ). For example, any third-party witness statements from neighbours or support representatives assisting the victim.

Prosecutors must re-review every case where a victim subsequently withdraws or refuses to participate in a prosecution. Prosecutors should determine if a case could be prosecuted without the victim being required to attend court to give evidence. If the evidential stage of the full code test is met, they should then apply the principles for public interest considerations in the  Code .

Adducing evidence under the res gestae Principle

Before considering adducing evidence by way of res gestae prosecutors should ensure that proper inquiries have been made to determine why a victim has not/will not appear at court, in accordance with the principles set out in  Wills v CPS  [2016] EWHC 3779 (Admin).

Where the prosecutor concludes that the material is res gestae, they should indicate to the court that the prosecution position is that the evidence is admissible, and they intend to adduce it under the res gestae principle. The prosecutor should remind the court (if necessary) that the requirement for a written application under  Crim PR 20.2  does not apply and oral notice can be given of the intention to adduce the evidence as res gestae. (Crim PR 20.5(1)(b)).

Prosecutors should summarise the important details of the evidence, identifying the relevant content for example within the body worn footage or the 999 call.

The court should be referred to  s118(4) CJA 2003  which preserves the rules of law relating to res gestae:

Any rule of law under which in criminal proceedings a statement is admissible as evidence of any matter stated if-

  • The statement was made by a person so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded,
  • The statement accompanied an act which can be properly evaluated as evidence only if considered in conjunction with the statement, or
  • The statement relates to a physical sensation or a mental state (such as intention or emotion)

Prosecutors should explain which subsection above they are relying upon and how the facts of the case mean it applies. The Court should also be referred to relevant case law, such as:

R v Andrews  [1987] 84 Cr App R 382 in which the House of Lords said that the trial judge must ask whether the possibility of concoction or distortion can be disregarded. In answering that question the judge must have regard to:

  • how startling or dramatic the event was
  • how spontaneous the statement was
  • whether the triggering event was still operative when the statement was made
  • Any special features relevant to the possibility of distortion or concoction (e.g. evidence of a motive to fabricate false evidence); and
  • Any special features relevant to the possibility of error (e.g. an identification made by a witness with particularly poor eyesight).

In  Barnaby v DPP  [2015] EWHC 232 (Admin)  the victim’s account was provided to the police on a 999 call. The victim then spoke to the police 6 minutes later after the incident and refused to make a statement. The evidence consisted of a transcript of the 999 calls and the account given by the victim when she saw the police officers at the premises shortly after the alleged strangulation. It was held the court was entitled to dismiss the possibility of concoction or distortion of the victim’s evidence: the 999 telephone calls were made almost immediately after the alleged assault which “would have dominated the thoughts of the victim and her utterances would have been instinctive and spontaneous” and the police arrived within six minutes of the last phone call and observed the victim in an agitated state with visible signs of strangulation on her neck.

Notwithstanding the victim’s availability to give evidence, the decision not to call her was a sensible recognition of the potentially dangerous position in which she had been placed.

While there had been a breach of the Crown’s obligations to serve the evidence in a timely manner, the court concluded that it was entitled to decide that the provenance of the emergency 999 calls had been established beyond doubt.

If the evidence was properly admissible under the res gestae principle, the Crown was not obliged instead to rely on section 114(1)(d) in order to trigger consideration of some or all of the factors set out in section 114(2)(a)-(i) CJA 2003.

In  DC and R (Ibrahim) v CPS  [2016] EWHC 1750 (Admin) which involved a 999 call where there was a delay of 1.5 hours between the incident and the 999-call made. It was confirmed that the lapse of time between the incident and reporting was a factor to be considered but not the sole factor.

In  Morgan v DPP  [2016] EWHC 3414 (Admin) the CPS had applied for a witness summons for the victim but despite this the victim did not attend court. It was held that the victim’s 999 call about 1 hour later and the body worn footage was correctly admitted under res gestae.

Prosecutors can also remind the court that there are counter balancing measures in  s124 CJA 2003 . These permit the defence to adduce evidence relevant to the absent witness’s credibility of a matter which would have been put in cross-examination or to prove an inconsistent statement.

For further guidance regarding introducing res gestae prosecutors should refer to the  hearsay  legal guidance.

Victim withdrawals and withdrawal statements

In some circumstances a victim may withdraw their support for a prosecution. This may occur at any stage of the proceedings both pre and post charge.

The police should provide a statement for the prosecutor following contact with the victim, to explain the reasons that a retraction of the allegation/withdrawal of support has been made. Without this there cannot be an informed decision about the next steps to be taken.

Where a victim's account of the allegation in their withdrawal statement is not the same, or is inconsistent with their earlier statement, there is a possibility that the victim may have been pressurised into changing their account. In these circumstances, the police should be asked to investigate changes and consider investigating the situation.

Prosecutors should consider particularly:

  • the nature of the original allegation (if not fully covered in a previous statement);
  • the victim's reasons for withdrawing support or retracting the allegation and whether any support can be provided to them to allay their concerns;
  • details of those with whom the victim has discussed the case - particularly anyone who has advised them (for example: a community member or mediator) and obtain their details; and,
  • whether any civil, immigration or family proceedings have been, or are likely to be, commenced which may have impacted on the victim's decision.

Withdrawal statements should be accompanied by a background report containing:

  • the officer's views on the case, including the veracity of the statement, any suspicions of witness intimidation or pressure (if not already included in the withdrawal statement), and a general assessment of the reasons given by the victim;
  • the officer's views on how the case should be dealt with, including proceeding against the victim's wishes;
  • how the victim might react to being compelled to give evidence;
  • details of any identified risks to the safety of the adult and child victim any other dependents or any other person;
  • details of the support available to the victim prior to the allegation being retracted or support withdrawn and whether this was a reason for the change in position (for example, access to an IDVA, YPVA, or other support organisation, or whether the offer of a special measures application was made);
  • whether any support organisation assisting the adult and child victim or any other dependents has expressed a view; and,
  • the likely impact on the adult and child victim, and any other dependents of proceeding or not proceeding with the case.

The police officer's report may reveal the need to consider whether further charges, for example, witness intimidation, harassment or stalking should be brought, or whether there has been a breach of the defendant’s bail conditions.

The prosecutor should carefully consider if it would be appropriate to summons a victim, which is considered in more detail below.

If the reason for the victim withdrawing is based on fear or intimidation, the investigator should provide this evidence to the prosecutor. This will allow appropriate decisions to be made about any applications under s116(2)(e) CJA 2003. Prosecutors should refer to the  Hearsay  legal guidance for further guidance.

After considering a victim's reasons for retracting their allegation or withdrawal of support, if it is deemed inappropriate to make any applications, including a witness summons, the prosecutor has a duty to review the case and determine if there remains sufficient evidence to prosecute the case. If there is no longer sufficient evidence to provide a realistic prospect of conviction, then the prosecutor must offer no evidence or discontinue the case and the rationale should be clearly recorded in the prosecutor’s review.

Witness summonsing a victim

The prosecutor should carefully consider if it would be appropriate to summons a victim taking into account the distress that could be caused to a victim in giving evidence at Court.     Annex B  sets out the factors that will tend to either support or not support the decision to issue a witness summons - prosecutors may find this helpful in assisting them with their decision. The risk assessment and risk indication checklists should be reviewed at this stage. A combination of factors needs to be considered, with all options balanced; a seemingly minor incident may be serious in the context of escalating abuse.

If the reason for the victim withdrawing is based on fear or intimidation, the investigator should provide this evidence to the prosecutor. This will allow appropriate decisions to be made about any applications under s116(2)(e) CJA 2003. Prosecutors should refer to the hearsay legal guidance for further guidance.

Witness summonsing children and young people

Under the provisions of  section 97 of the Magistrates' Court Act 1980 , applications to witness summons a child are permissible; however, special regard must be given to their welfare and safeguarding in the criminal justice system, giving effect to Article 3 of the UN Convention on the Rights of the Child. All courts must have regard to the welfare of children who appear as victims, witnesses, and defendants ( section 44 of the Children and Young Persons Act 1933 ). Prosecutors may also find it useful to refer to  R v Highbury Magistrates' Court ex. parte Deering  [161 JP 138] DC where it was found that the magistrates' court had no jurisdiction to decline to issue a witness summons for a young child.

In the DA context, the issue of witness summonsing a child or young person should be considered only in very limited and exceptional cases, and prosecutors should discuss whether this is an appropriate course of action with their Deputy Chief Crown Prosecutor before making an application. Prosecutors should be aware of the distress that may be caused to a child or young person, especially where they are being compelled to give evidence in support of one parent, against the other.

Where an application is made, prosecutors should refer to the legal guidance on  Special Measures  and  Safeguarding Children: Children as Victims and Witnesses  for further guidance.

Annex B  sets out the factors that will tend to either support or not support the decision to issue a witness summons - prosecutors may find this helpful in assisting them with their decision. The risk assessment and risk indication checklists should be reviewed at this stage. A combination of factors needs to be considered, with all options balanced; a seemingly minor incident may be serious in the context of escalating abuse.

Third party witness summons

In certain cases, it may be appropriate to apply for a witness summons for third parties who may have information integral to the prosecution case.

Third party evidence may provide vital background information about the abuse that has taken place, and may even in some circumstances, lessen the risk towards the victim from the suspect.

Prosecutors should be aware that there may also be risks to a third parties being witness summonsed. The suspect may consider stalking or harassing or intimidating a third party because of their involvement and therefore that risk must be considered when deciding whether to apply for a witness summons.

To apply for a witness summons, prosecutors should follow the guidance set out in the  Disclosure Manual , at the section titled ‘obtaining access to third party material.’

Witness warrants

If a victim or witness refuses to attend court following the issue of a witness summons, prosecutors should consider whether a warrant application to the court is appropriate under  section 97(3) of the Magistrates Court Act 1980 .

The safety of the child and adult victim and any  dependants should be considered throughout. The intention of obtaining the warrant should be to assist attendance at court. Applications for warrants should be made on a case by case basis after considering issues such as the nature of an incident (whether the attack was serious or prolonged); whether a weapon has been used; if the victim is at 'high risk’ of further abuse or injury/suffering; or there is a pattern of escalating abuse.

In exceptional circumstances, a warrant can be applied for under  section 97(2) of the Magistrates' Court Act 1980  without having to apply for a witness summons. This approach may be considered in situations where it is likely that the witness summons would not procure the attendance of the victim or witness in question.

Seeking a witness warrant could deter the victim from seeking help in the future, thereby jeopardising their future safety and that of any child victim or other dependants. Arresting a victim may also have the effect of 'stigmatising' them and may have a detrimental effect on the quality of evidence given. Prosecutors should therefore use this approach as a last resort and only where necessary.

Obtaining/Disclosing family court proceedings documentation

Prosecutors may need to obtain information or documents that pertain to family proceedings. This information may be crucial to the decision to charge; the nature of the charge; bail conditions; applications in respect to witnesses; and the admissibility or otherwise of bad character and hearsay evidence. The CPS may be made aware of the existence of relevant material by:

  • the police who have obtained the material from the local authority or elsewhere in line with their child protection duties. The police cannot share this material with the CPS without the permission of the Family Court, but can make prosecutors aware that material exists; or,
  • the local authority who may contact the prosecutor to make them aware of relevant material.

Prosecutors should ensure that the police have obtained the permission of the Family Court to use such material in prosecution proceedings. Not having permission may result in contempt of court in the Family Court. CrimPD V paragraph 17A.8  states ‘No evidence or document in the family proceedings or information about the proceedings should be disclosed into criminal proceedings without the leave of the Family Court.'

The Family Procedure Rules 2010 allow for a summary of judgement in Family Court proceedings to be disclosed to the police and CPS without the permission of the court. ( Practice Direction 12G, paragraph 2.1 Family Procedure Rules ).

Prosecutors should follow the national protocol set up to manage linked direction hearings where the directions in concurrent criminal and Family Court proceedings can be made jointly by the same judge, ( 2013 Protocol and Good Practice Models  - Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings) but should also be aware that there may be local protocols. Directions may include disclosure of material between the two jurisdictions, timings of the respective proceedings and the co-ordination of the use of expert witnesses.

To obtain the documents, prosecutors should initially ascertain if all parties to the family court proceedings are willing to consent. If so, a consent order can be sought by writing to the court. Alternatively, in accordance with the 2013 Protocol and Good Practice Model (Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings), the prosecutor can ask the Local Authority to request that disclosure is considered at the next family hearing. The Local Authority will put the other parties on notice and will provide the court with details of the police to whom disclosure is to be made and the purpose for which it is to be made.

If these methods are not successful, then the prosecutor will need to make an application to the Family Court using Form C2. Forms can be obtained from the  gov.uk website .

Prosecutors should only make this application and use the C2 form at the post-charge stage of proceedings. If the case is being reviewed pre-charge and documentation is required for review, the police should make the application to the family court. If a prosecutor is considering making this application a Senior District Crown Prosecutor or above must be consulted and approve the application in advance of its submission to the Family Court.

The prosecutor will need to complete Form C2 and serve this on all parties to the Family Court proceedings; details for all respondents will need to be obtained from the Local Authority.

Form C2 must contain details of the named person or officer to whom release is sought and specify the purpose and use to which the material is intended to be put.

Prosecutors should seek leave, where appropriate, to disclose the material to the CPS/share with the police, to disclose the material to the criminal defence solicitors and, subject to  section 98(2) of the Children Act 1989 , to use the material in evidence at the criminal proceedings.

An application will be determined at a hearing at the Family Court. Police and CPS will not need to attend the hearing unless directed to do so by the Family Court. However, the prosecutor will need to prepare a position statement in advance of the hearing setting out clearly what is required and why.

In advance of receiving leave from the Family Court no material should be disclosed to the defence or third parties.

Proceedings may take place in the family court prior to criminal proceedings being instigated. If this is the case the CPS will not be a party to the proceedings but may be asked by the Local Authority to assist by providing material in the possession of the CPS. The CPS should give every assistance to the Local Authority, however, prosecutors should be aware that where disclosure is made to a local authority it is obliged to make onward disclosure to the other parties to the care proceedings. It is possible that other family members and actual or potential defendants in criminal proceedings will receive this information. In view of the sensitivities involved in requests for disclosure in care proceedings, a Senior District Crown Prosecutor or above should be consulted and approve the disclosure in advance. For further information prosecutors should refer to our Legal Guidance on  disclosure of material to third parties .

Supporting Victims

Giving evidence may be very difficult for the victim, and may cause additional challenges for them, for example, fear of reprisals; safety of their children; increased family pressures or serious financial repercussions; fear of being 'outed'; fear of a lack of support by the criminal justice system, or specialist support organisations or emotional attachment or loyalty towards the offender, leading to uncertainty about the course of action they should take.

Victims of DA are entitled to special measures to support and assist them in giving evidence at Court. Prosecutors should consider whether any particular special measures will improve the quality of the evidence given, taking into account the victim’s wishes and the ability of all parties to effectively test the evidence in court.

Available special measures should be explained to victims by the police and their preferences sought at an early stage in proceedings to ensure that appropriate support is planned for and available to the victim.

Prosecutors should refer to the Special Measures legal guidance and guidance issued by the Ministry of Justice in Achieving Best Evidence in Criminal Proceedings .

Section 36 Youth Justice and Criminal Evidence Act 1999 stops the defendant from personally cross-examining a victim/witness of Domestic Abuse. The DA Act 2021 prevents suspects and alleged suspects of abuse from cross-examining their victims in person (and vice versa) in  family  and  civil  proceedings in England and Wales. The court will appoint a qualified legal representative in some cases where the prohibition applies.

Section 62 DA Act   came into force in part on 19 May 2022 and ensures that all DA victims are automatically eligible for special measures whenever it is alleged that behaviour falls within the DA definition. However, this does not currently apply to special measures available under sections 27 and 28 of the Youth Justice and Criminal Evidence Act 1999, (video record evidence in chief and video recorded cross-examination or re-examination).  When this comes into force the guidance will be updated.

Victims of DA are entitled to receive an enhanced service under the  Code of Practice for Victims of Crime . Prosecutors should refer to the Victims and Witnesses: CPS Public Policy Statement on the Delivery of Service to Victims –  The Prosecutor's Pledge .

Victims may be supported by an Independent Domestic Violence Adviser (IDVA) and other support workers, who provide professional support, advice and help for victims of DA - whether the allegation is reported to the police or not. Some IDVA and other support worker services provide tailored support for children as well as minoritised communities. Prosecutors should work alongside IDVA’s and other support workers to support victims going through the prosecution process.

Victim Personal Statement

The police should provide the prosecutor with copies of any Victim Personal Statements (VPS) made by the victim. Victims are entitled to say whether they would like to read their VPS aloud in court or whether they would like it read for them or played, (if recorded). The VPS and information about the victim's preference should be relayed to the court.  The VPS should be treated as a live document and updated throughout the journey of a case as the full psychological, emotional, and physical impacts on the victim develop and become more apparent.

A VPS gives the victim a voice in the criminal justice process, providing them with an opportunity to explain in their own words how a crime has affected them. For DA cases, a VPS may also usefully include a victim's concerns about safety, intimidation, the defendant’s bail status and future concerns for any ancillary orders.

The VPS can be an important way to empower the victim, and project the impact of abuse and the effects on the victim and family, or other vulnerable individuals within the household to the court.

Prosecutors should refer to the legal guidance on  Victim Personal Statements  for further guidance.

Prosecutors should refer to the  Attorney General's Guidelines on the Acceptance of Pleas  and the Prosecutor's Role in the Sentencing Exercise and paragraph 9 of the Code when determining acceptability of pleas.

In some cases, the defendant may offer a guilty plea to a different charge or plead guilty to some of the charges made against them, but not all.

When considering whether to accept a plea in these instances, prosecutors should discuss the situation with the victim or the victim's family where possible. The victim's or family's views (either directly, or through any support organisation working on their behalf) should be taken into account to ensure prosecutors are informed of all information before making their decision.

For cases of familial abuse, prosecutors and the police will need to take great care when seeking views of the family. In some cases, it may be entirely inappropriate to speak to some members of the family, or even affiliates of the family, given the context of the offending. Each case should be assessed on its own facts and specific circumstances.

Prosecutors should consider the following factors when deciding whether to accept a plea to a lesser offence or a plea to one or some of a number of offences in a DA case:

  • whether the defendant offers a plea that is in accordance with the evidence available to the prosecution;
  • whether the defendant has any previous incidents recorded against them.
  • whether it would be advantageous to the adult or child victim and any dependents not to have to give evidence;
  • the victim's views on the pleas offered (some victims would prefer to give evidence rather than accept a plea to a lesser offence);
  • whether the plea fetters the discretion of the court in relation to sentencing;
  • whether the difference between the prosecution and defence version of events is such that it would significantly affect the sentence that would be imposed (if it does, there should be a Newton Hearing to determine the facts).
  • the fact that defendants will often seek to minimise the offence or mitigate their offence; and,
  • whether the acceptance of plea could impact upon the ancillary orders available to the court at sentence.

Where there has been an agreed basis between prosecutors and the defence to a plea, this should be put into writing and signed by both parties.

Briefing and instructing agents and counsel

Agents and counsel must familiarise themselves with this legal guidance and understand their overall responsibility to ensure that victims and witnesses are appropriately informed during their time at court.

Prosecutor’s briefs to agents and counsel must clearly set out the strategy for the case, and if the case is to be prosecuted as an evidence led prosecution from the outset clear instructions should be provided regarding the evidence to be relied upon at trial.

Individuals acting on behalf of the CPS should have the victim's specific needs and concerns in relation to the case brought to their attention, as well as highlighting the support services that may be assisting the victim, such as the use of an IDVA, YPVA, interpreter or intermediary.

Agents and counsel must be made aware that decisions on acceptability of pleas, issues affecting victim and witness attendance at court (including compelling their attendance) must be referred to CPS prosecutors for authorisation before a final decision is made.

Speaking to witnesses at Court

All advocates are expected to be aware of and comply with the CPS guidance on  speaking to witnesses at Court .

Prohibition of cross examination of victims

In addition to special measures,  section 36 Youth Justice and Criminal Evidence Act 1999  (YJCEA) permits the court to make an order prohibiting the defendant from personally cross-examining a victim/witness where section 34 and 35 YJCEA do not apply. Where a defendant attends court for a trial unrepresented this application should be made to protect victims.

Applications to adjourn

Having initially indicated a willingness to attend court, some victims may not attend on the day of the trial. The full reasons for non-attendance should be explored, where practicable. These reasons may be the same or similar to the reasons why victims withdraw support or retract allegations.

Victims should not be automatically dismissed as reluctant or hostile. Victims may not understand what will happen to them when the day of attending court arrives and may therefore choose to not attend due to issues such as uncertainty over the support, they may have access to if they have a specific disability. Whilst every effort should be made to identify such needs at the earliest opportunity, it is possible that such matters may only come to light on the day of the trial.

Prosecutors should establish in the first instance why a victim has not attended, and consider whether the case can proceed without them, using either other evidence, or through making an application under  section 116 of the CJA 2003  to have the victim's statement admitted. See the above section on evidence led prosecutions for how to make an application.

Prosecutors may also want to consider whether it is appropriate to adjourn the case to allow for any special measures applications to be made to account for any late preferences made known by the victim. Alternatively, a prosecutor might wish to consider whether it may be possible and appropriate to seek a witness summons for the victim and make an application to adjourn the trial for this to be served. Prosecutors should refer to the section of this guidance titled ‘case building and approach to prosecuting DA cases’ for further information on seeking a witness summons.

If the victim or witness is unavailable to attend court or has not attended, and the prosecutor considers it is likely they will be available soon, where there is a genuine reason for their non-attendance supported by evidence, an application to adjourn the trial should be made following the principles under paragraph 24C.9 of the  Criminal Practice Directions . The test applied includes doing justice between the parties.

Where relevant, Prosecutors should refer to  section 10 Magistrates' Court Act 1980  which confers a discretionary power to adjourn Magistrates’ Court cases. See also  Crim PR 24.2(3) .

Reluctant and hostile victims and witnesses

Victims of DA may be impacted by trauma and they may find it very difficult to take part in criminal proceedings. There will be instances where despite a victim being willing to attend court, they may be unwilling to give evidence. In such instances, the victim may be treated as a reluctant witness. In the first instance, prosecutors should seek to establish the reasons why the witness does not wish to give evidence and discuss whether an application for special measures being granted would change that position. It is possible that a victim is willing to give evidence, but once called may say they cannot recall the circumstances of the incident. In such cases, prosecutors may wish to refresh the victim's memory through verifying their statement under  section 139 of the CJA 2003 . Prosecutors will need to call the victim to give evidence, ask them to confirm their name and the fact that they previously made a statement. The victim should be asked to refresh their memory from the statement; this can be done at any stage during their evidence. The victim will need to give evidence that the document records their recollection of the events at the time they made it and that their recollection at the time was significantly better than now.

Some victims may have been put under duress (by the defendant, by the defendant’s family or their own family, or through community members) to say that they do not recall the facts of the incident, or they may fear the repercussions if they reveal their account at court, in which case prosecutors may want to consider whether an application should be made for their statement to be admitted under  section 116 CJA 2003 .

There will be some cases where a victim will claim they cannot recall the incident to be deliberately uncooperative, rather than fearful of the defendant. The victim may give evidence that directly contradicts what they have said previously in a manner that suggests the new account is fabricated. In these situations, prosecutors may want to consider applying for other previous statements made by the victim to be admitted as evidence under sections 119 and 120 of the CJA 2003.

Under  section 120 CJA 2003  the previous statement of a witness/victim may be admitted as evidence of any matters where the statement was made when the matters were fresh in their memory but cannot be remembered now and cannot be reasonably expected to, of which oral evidence by the witness would be admissible.

To make an application to adduce a statement under section 120 CJA 2003, prosecutors must indicate to the court that an application will be made under section 120(4) and (7) CJA 2003 for the admission of the statement (or part of it) with reference to the section 120(7) CJA 2003 pre-conditions. These are:

  • The witness claims to be the person against whom an offence has been committed,
  • The offence is one to which the proceedings relate,
  • The statement consists of a complaint made by the witness (whether to a person in authority or not) about conduct which would, if proved, constitute the offence or part of the offence,
  • The complaint was not made because of a threat or promise, and
  • Before the statement is adduced the witness gives oral evidence in connection with its subject matter.

The prosecutor should invite the court to receive the statement (or part of it) as admissible evidence to the extent that oral evidence would be admissible. The victim must confirm that the statement is theirs and that it is true.

Prosecutors should consider the case of  R v Chinn  [2012] EWCA Crim 501 . In this case the offender appealed their conviction for assault. The argument was that the CPS should not have been allowed to introduce parts of the witness statement where the witness could not remember the underlying events directly. The appeal failed. The Court held that the statement had identified or described a person, object or place that related to an alleged offence or other relevant event, namely, the statement described the appellant and identified them as being the person in club at the relevant time who threw a glass. However, parts of the witness statement that gave narrative beyond identifying the appellant and the object were not admissible. Prosecutors therefore need to ensure applications are made only in relation relevant parts of the statement not all of it, under section 120(4) and (5) CJA 2003.

Where the victim remains resolute in not supporting the prosecution despite attending court, prosecutors should consider requesting leave from the court to treat the witness as 'hostile'. The rules under s119 CJA 2003 apply and a prosecutor can make an application to treat a witness as hostile at the at the instant a witness is showing unmistakeable signs of hostility and when they have given directly opposing evidence in court compared to that given in their police statement. ( R v Pestano  [1981] Crim LR 397), which may for example, be demonstrated through the making of a deliberately inconsistent statement or refusing to answer questions asked. However, this cannot be used where a victim is merely unfavourable or has not come up to proof.

If leave is granted by the Court, the prosecutor will be entitled to put a previous inconsistent statement to the victim by using leading questions and cross-examination of the victim to establish the truth. Prosecutors should continue to ensure they treat the victim with sensitivity having in mind the circumstances and context of DA. If, on being cross-examined the victim does not admit to the truth of a previous inconsistent statement, it can be admitted under section 119 CJA 2003 as evidence of matters stated of which oral evidence by the victim would be admissible. It is possible, that through this approach, the victim's account extracted under cross-examination could provide strong evidence in relation to the allegation, and subsequently secure a conviction.

Prosecutors can also use section 119 CJA 2003 where the victim has shown signs that they are likely to be hostile, for example, they have already provided a retraction/withdrawal statement prior to the trial date. In  R v Bashir  [2011] EWCA Crim 2763 the victim withdrew the allegations. The compelling details contained in the victim’s original statement were allegations worthy of belief as they were supported by the evidence of the PCs who saw the injury and damage in the home.

Prosecutors should consider carefully if this is the appropriate application to make and should ensure in advance of starting the trial that they have all up to date risk assessments and background information regarding the witness. If not, prosecutors may at the appropriate stage in the trial seek to ask the court for a short break in proceedings to obtain the information from the police or other support agencies, to ensure an informed decision is made before seeking to make the application at Court.

Prosecutors should refer to the  hearsay  guidance for more detail.

This section should be read in conjunction with the  Sentencing Overview  legal guidance which provides further detail on prosecutors' obligations regarding unduly lenient sentences and applications for ancillary orders. Prosecutors should be aware of and consider the full range of ancillary orders available (and their limitations) prior to making any application. Further guidance can be found at the  Sentencing - Ancillary Orders  legal guidance page.

The  Attorney General's Guidelines on the Acceptance of pleas the Prosecutor's Role in the Sentencing Exercise   sets out clearly the prosecutor’s responsibility to assist the court to reach its decision as to the appropriate sentence. The prosecutor should draw the court’s attention to:

  • any VPS or other information available to the prosecution advocate as to the impact of the offending on the victim
  • where appropriate, any evidence of the impact of the offending on the community
  • any statutory provisions relevant to the offender and the offences under consideration
  • any relevant sentencing guidelines and guideline cases,
  • the Sentencing Council’s  overarching guidelines for DA , and
  • the aggravating and mitigating factors of the offence under consideration.

Prosecutors' duty to actively assist the court should include reference to the abuse of trust in a domestic setting as an aggravating factor, as well as the vulnerability of victims. Specific reference should be made to the nature of offending involved, and a particular emphasis on the nature of the relationship between the victim and offender to assist the court in reaching an informed decision about the most appropriate sentence. As noted above prosecutors should refer to relevant sentencing guidelines for the specific offence(s) and the overarching DA guidelines, all of which can be found at the  Sentencing Council  website. Prosecutors should also consult the relevant legal guidance for the specific offences prosecuted.

The Sentencing Act 2020 consolidated sentencing law and applies to all defendants convicted on or after 1 December 2020, irrespective of the date on which the offence was committed. The previous laws remain in force for sentences imposed where the conviction was before this date, even where a sentencing order is breached after that date.

Restraining orders (RO)

This section should be read in conjunction with the legal guidance on  restraining orders .

All prosecutors should have in mind at the time of charge and when reviewing a case, whether a RO is appropriate in the event of a conviction or an acquittal. These should be considered in every DA case. The orders are intended to be preventative and protective. There must be a need for the order to protect a person.

From 1 December 2020 the court can order a RO upon conviction under  section 360 Sentencing Act 2020  (previously section 5 Protection from Harassment Act 1997). From 1 December 2020 the court can make a RO on acquittal under  section 5A of the Protection from Harassment Act 1997  (previously under section 5 Protection from Harassment Act 1997). The rationale for making, or not, a RO application should be recorded in the review on CMS.

Criminal Behaviour Orders (CBO)

This section should be read in conjunction with the legal guidance on  Criminal Behaviour Orders .

The provisions relating to CBO’s are at  section 330-342 Sentencing Act 2020 , (previously part 2 of the Anti-social Behaviour, Crime, and Policing Act 2014).

Prosecutors should have in mind at the time of charge and when reviewing the case whether it would be appropriate to apply for a CBO. These are available where an offender is convicted for any criminal offence in a criminal court. These can be made available to prevent further incidents of DA however, these orders are primarily intended to protect the wider community. It is likely that other orders are more appropriate when there is a named victim and the offence is one which falls within the DA definition.

Sexual Harm Prevention Orders (SHPO)

This section should be read in conjunction with the chapter 15 of legal guidance on Rape and Sexual Offences. Prosecutors should have in mind at the time of charge and when reviewing the case whether it would be appropriate to apply for a SHPO. These are available where an offence is before the Court in relation to an offence in Schedule 3 or 5 if the Sexual Offences Act 2003 or a Chief of Police or the Director General of the National Crime Agency can make an application. 

Compensation

Compensation orders are governed by  section 133-146 SA 2020  (previously section 130-133 PCC(S)A 2000). The court has the power to order compensation to be paid by a convicted offender and is under a statutory duty to consider making a compensation order whenever it has the power to do so.

Applications for compensation should also be made where appropriate, bearing in mind that in some circumstances, it may not be appropriate for a compensation order to be made. Orders are often met from family money, and may be used as an opportunity to abuse, or control a victim further.

Victims may therefore want to forgo compensation to avoid this situation. It is important that prosecutors discuss this with the victim or relevant support organisation to seek their view for an informed approach.

When making applications for compensation prosecutors should refer to the  sentencing - ancillary orders  legal guidance for further detail.

Numerous civil orders are available to victims in the family and civil courts. Prosecutors should seek information about any civil orders that have previously been obtained as they should help to build the case. If a prosecution cannot proceed prosecutors should remind the police, if appropriate, about the availability of civil orders. Civil orders include;

Domestic Violence Protection Notices and Domestic Violence Protection Orders

Section 24-33 Crime and Security Act 2010  introduced Domestic Violence Protection Notices (DVPNs) and Domestic Violence Protection Orders (DVPOs) from 8 March 2014.

A DVPN provides the police with the power to provide immediate protection to victims against DA offenders (aged 18 or over) where they have reasonable grounds for believing that the offender has been violent towards or has threatened violence towards, a victim and it would be necessary to protect the victim. The police may use this where they consider there are no enforceable restrictions that can be placed on the offender e.g. where the police take no further action or where the offender has received a simple caution or has been bailed without conditions. Where prosecutors received a DA case and a decision is made to take no further action, prosecutors should nonetheless advise police that they can consider applying for these orders to protect victims. DVPNs only have effect for 48 hours after which an application must be made by the police to a magistrates' court to apply for a DVPO.

DVPOs provide the police and magistrates with the power to:

  • enforce non-molestation of the victim.
  • stop an offender from contacting the victim.
  • prevent an offender from evicting/excluding the victim from a premises (their household).
  • remove an offender from a premises (their household); and/or,
  • prevent an offender from returning to a premises (their household) for a period of up to 28 days.

The court must be satisfied on the balance of probabilities that the offender has been violent or threatened violence and that the order is necessary to protect the victim. All these actions can be taken with or without a victim's consent.

DVPOs may be in force for no fewer than 14 days beginning on the day on which it is made, and no more than 28 days beginning with the day on which it was made.

Prosecutors should note that a breach of a DVPN or DVPO is a civil contempt of court and is punishable by a fine, or up to 2 months' imprisonment. Where prosecutors are requested to deal with the breach of a DVPN or DVPO, this request must be declined as the CPS has no legal locus to handle such matters.

Prosecutors should note that these will be replaced with Domestic Abuse Protection Notices and Domestic Violence Protection Orders under Part 3 DA Act, but these are not yet in force. This guidance will be updated to reflect these changes when the relevant sections of the DA Act have been commenced. This will be piloted in certain police force Areas initially, for more information and check whether your CPS Area falls within the pilot scheme please contact your Area DA lead.

Injunctions

Section 3 of the Protection from Harassment Act 1997  enables harassment to be defined as a tort for which a victim can bring civil legal proceedings. Proceedings under section 3 may be founded based on one act and anticipated further breaches of section 1, in contrast to criminal proceedings under sections 2 or 4 that require at least two actual incidents to constitute a course of conduct.

Non-molestation orders

Non-molestation orders are civil orders which cannot be applied for by the CPS. Orders are made on application by the victim or a representative to the Family Court under section 42(2) or section 45(1) (for ex parte applications) of the  Family Law Act 1996 .

Section 12 of the Domestic Violence Crime and Victims Act 2004 made the breach of a non-molestation order a criminal offence, prosecutable by the CPS.

Stalking Protection Orders

The  Stalking and Protection Act 2019  introduced Stalking Protection Orders (SPO), which are civil orders. A SPO is made on application to the magistrate’s court by the police. Applications for interim or full orders can be made. Within an application for a SPO or an interim order, police can request both prohibitions and/or requirements to protect the victim from the risk of stalking. Breach of either the interim order or the full order is a criminal offence.

Prosecutors can find further guidance on SPOs in  Stalking Protection Orders  legal guidance.

Force Marriage Protection Orders

The  Forced Marriage (Civil Protection) Act 2007  allows civil courts to make Forced Marriage Protection Orders (FMPO) to protect people from forced marriages or to pre-empt forced marriages from occurring. The courts have a wide discretion in the type of injunctions they can make allowing them to respond effectively to the individual circumstances of the case.

Breach of a FMPO is a criminal offence.

Prosecutors can find further guidance in the  So-Called Honour-Based Abuse and Forced Marriage  legal guidance.

Occupation Orders

Occupation orders are civil orders which cannot be applied for by the CPS. They are made on application by the victim or a representative to the Family Court. These enforce, declare or restrict the rights to occupy a family home.  

It is important that breaches of orders are carefully considered, as new offences may also have been committed in addition to the breach of the order. Prosecutors must review all new offences to assess whether a prosecution should follow for any new offence as well as the breach of the order.

Victims may have protective orders in place, such as a non-molestation order or a RO. If this order is breached this is a criminal offence which prosecutors should review as a specific offence and apply the Code, to determine if the offence(s) should be charged. Breaches should be taken as seriously as any other DA offence. Prosecutors are reminded that  breaches of a DVPN or DVPO are not within the CPS remit to prosecute.

Prosecutors should note that breaches of protective orders (RO and non-molestation orders) have specific sentencing guidelines which must be considered when reviewing a case and presenting the case to the Court. For further information regarding breaches of a RO, prosecutors should refer to the  Restraining Orders  legal guidance.

Defence(s) to breach of criminal or civil order

The only statutory defence to the breach of an order is that the defendant had a reasonable excuse. The standard of proof, which is for the defendant to put forward, is on the balance of probabilities.

Myths and stereotypes

DA myths and stereotypes might be described as: beliefs and attitudes people have specifically about domestic abuse that are commonly and persistently held yet, may be factually inaccurate.

These should play no part in the prosecutor’s decision-making, but they do need to be identified and addressed. Issues affecting particular groups of people should also be identified and addressed where they arise.  This will ensure that a proper case strategy is developed and the case is effectively presented at court. Some behaviour by victims may seem counter-intuitive and require explanation as part of the case building strategy.

Annex C incorporates general information to tackle misconceptions and assumptions , although it should be noted that this is not an exhaustive list.

Prosecutors need to understand the vulnerability of DA victims, particularly the control, coercion, and intimidation that victims may have experienced. It is rarely a one-off incident, and the cumulative and interlinked physical, psychological, sexual, emotional, or economic abuse can have a particularly damaging effect on the victims and those around them. DA may become increasingly frequent, and more serious the longer it continues.

Cases in which the victim has withdrawn from the prosecution do not indicate a lack of seriousness and no inference should be made regarding the lack of involvement of the victim in a case. Some victims risk losing a lot through supporting a prosecution, which may lead them to later disengage from a case of their own volition. Prosecutors need to be sensitive to this issue and must not engage in any conduct which supports the position that the victim is complicit in perpetrating the abuse they are experiencing. Victims will be making a difficult choice in reporting the abuse to the police in the first place; it is therefore important that they are handled with appropriate care and support through the lifecycle of any criminal proceedings.

Identification of the triggers for abuse will assist in understanding the context of the offending. These issues should be considered as risk factors, rather than as causal links to the offending behaviour. This may assist when considering factors to be considered for bail applications and/or terms for restraining orders (RO) at later stages of the prosecution process. Some examples of risk factors may include (this is not an exhaustive list):

  • the disclosure of an individual's sexual orientation;
  • changes in a relationship, such as a reconciliation, break-up, or separation;
  • new surroundings, such as a move to a new area, school/college, or job;
  • the introduction of new people in a social context, such as new friends or partners which may have changed an individual's perceived routine behaviour;
  • pregnancy or loss of pregnancy;
  • retirement from employment, or loss of employment – and subsequent impact on finances;
  • illness or mental/physical incapacitation;
  • initiation or termination of criminal proceedings;
  • custody proceedings in the family courts;
  • Age, (younger or older)
  • immigration issues; or,
  • limited access to assets, finances, or opportunities.

Some of these factors could also lead to a cessation or reduction in abuse. This document does not focus on triggers that have caused abuse but draws upon how those circumstances contribute to a pattern of abuse or violent behaviour against a victim.

There will be many instances where a victim will not be able to escape the abuse or suspect they live with. They may be dependent on them for finances, care, housing, provision of medication, or immigration security. Prosecutors should ensure that they have full background information from the police to understand these issues and be able to assist with any criminal justice remedy to support the safety requirements needed by victims.

Victims will often not realise that they are in relationship with a suspect of abuse, as some abuse behaviours may not in fact be violent or immediately obvious; prosecutors therefore should handle cases sensitively and without any preconceptions. Victims may adjust their behaviour to try and prevent any further abuse or violence, especially where a child victim or other dependants are present in the household, or to simply have an 'easier time'. Such behaviour may as a result be 'normalised', with the victim showing no obvious or stereotypical behaviours. This should not divert away from recognising the potential harm experienced by the victim or witnesses. Prosecutors should ensure that victims are not stereotyped and should refer to guidance at  Annex C .

Prosecutors should also consider the impact of DA and specific methods of control or coercion on relevant particular groups of people. For further information regarding DA impacts prosecutors should refer to  Annex D .

Prosecutors should refer to the inquiries and reviews - guidance on CPS engagement legal guidance for more information regarding DHRs.

Any CPS Areas that are notified of DHRs or are requested to provide information to assist in one should provide notification to the DLS team as soon as a request is made.

The Joint NPCC and CPS Evidence Gathering Checklist can be accessed via the link below;

Joint NPCC and CPS Evidence Gathering Checklist

Annex B sets out the factors tending in favour of a summons and those tending against a summons. Prosecutors may find this helpful in assisting them with their decision. A combination of factors needs to be considered, with all options balanced; a seemingly minor incident may be serious in the context of escalating abuse.

Factors in favour of a summons:

  • serious offence (or escalation of severity from previous incidents);
  • serious injuries:
  • violent relationship and/or pattern of offending;
  • high level of continued dependency/contact between suspect and victim (e.g. carer/patient or child/parent relationships)
  • attack had been planned;
  • incident witnessed seen or heard by a child victim or any other dependent;
  • offence(s) was committed in the presence of or in close proximity to a child victim;
  • offence(s) have been committed against a child victim or other dependent;
  • effect (including psychological) on any child victim or other dependant living in the household;
  • likelihood of recurrence;
  • threat to health and/or safety of victim or any other person involved;
  • victim is pregnant;
  • further incidents;
  • relationship assessed as 'unstable';
  • no separation or divorce proceedings;
  • still lives within same household;
  • defendant's criminal history (particularly if there has been any previous violence); or,
  • information from any other agencies supporting proceeding with a prosecution (e.g. Social Services, Housing, Health, Women's Aid, other voluntary sector [including suspect services]).

Factors against a summons:

  • minor offence and isolated event;
  • no injuries or minor injuries;
  • no further incidents;
  • no further police call-out;
  • no ongoing civil proceedings; or,
  • no history of volatile relationship.

It is vital that prosecutors handle domestic abuse cases effectively and without any preconceptions of what a victim will look like or behave. Victims may sometimes not realise that they are in a relationship with an abusive partner, as some abusive behaviours may not be violent or immediately obvious.

Victims may adjust their behaviour to try and prevent any further abuse or violence, especially where children or other dependents are present in the household, or to simply have an easier time; such behaviour may as a result be normalised. The victim may not demonstrate obvious or stereotypical behaviours but it is important to remember that this does not mean they have not been subjected to abuse. Prosecutors may come across the following factors:

  • The offence not being reported immediately; or the account or inconsistencies in the account provided;
  • The victim carrying on with their everyday life; or voluntarily returning to their abuser; or,
  • The victim’s reliance on alcohol or other substances.

Rather than undermining the credibility and reliability of the victim’s account, these factors may provide evidence that the victim has been, and/or continues to be abused. Victims of DA typically experience a number of abusive incidents before they feel able to report the matter.

The following section contains factual statements about domestic abuse together with case studies to help illustrate how the police and prosecutors can develop robust case strategy when dealing with cases of domestic abuse.  The names, and some specific details and time frames have been altered to ensure that individuals cannot be identified.

  • All domestic abuse cases are serious and amongst the highest priority work being dealt with by the CPS and criminal justice system.
  • Abuse of trust and power is an aggravating factor in DA cases and the seriousness of such offending is reflected in sentencing guidelines. Prosecutors should refer to the Sentencing Council guidelines for the Overarching Principles: Domestic Abuse.
  • Prosecutors must encourage investigators to take a suspect-centric approach to case building which involves looking closely at the actions of the suspect before, during and after the alleged offence.
  • It is important that efforts aimed at gathering evidence to build a robust prosecution case are not focused solely on the evidence of the victim. An evidence led case seeks to demonstrate guilt without placing all the reliance on the victim’s account. 
  • Many different criminal offences can involve domestic abuse and, where they do, advocates should bring this to the attention of the court. It is, an aggravating factor, in accordance with the overarching principles above.

Relevant Caselaw / Links

The Sentencing Council’s overarching principles for domestic abuse state the ‘domestic context of the offending behaviour makes the offending more serious because it represents a violation of the trust and security that normally exists between people in an intimate or family relationship. Additionally, there may be a continuing threat to the victim’s safety, and in the worst cases a threat to their life or the lives of others around them’ .

 Sentencing Council – Overarching Principles: Domestic Abuse

  • Prosecutors should be alert to the potential for escalating risk. DA is rarely a one-off incident, and the cumulative and interlinked physical, psychological, sexual, emotional, or economic abuse has a particularly damaging effect on the victim and those around them. DA is likely to become increasingly frequent, and more serious the longer it continues and may result in death. Prosecutors should keep cases of domestic abuse under constant review which includes assessing and reassessing the safety of victim and witnesses involved in the case through the police and specialist support agencies. Even minor offences have the potential to be followed by more serious incidents.
  • Within the context of mutually violent relationships, it is important to consider that women are more likely to be injured and injured more severely than men.

Conflict and Control Gender Symmetry and Asymmetry in Domestic Violence Michael P. Johnson .

Self defence legal guidance

  • Domestic abuse does not need to involve physical abuse. Abusers may use non-physical manipulative techniques to control, intimidate and/or coerce their victims. 
  • Physical or sexual abuse
  • Violent or threatening behaviour
  • Controlling or coercive behaviour
  • Economic abuse
  • Psychological, emotional, or other abuse
  • Even when it does involve physical abuse, domestic abuse does not always leave physical signs.
  • Where it does leave physical signs, these don’t always present in the same way. The colours of a bruise, for example, can appear different depending on the victim's skin tone, and bruising may be less apparent on victims with darker skin tones.  Victims may also attempt to cover up visible injuries left by physical abuse or provide false explanations for how injuries occurred.
  • Non-fatal strangulation and non-fatal suffocation often leaves minimal or no visible injury on the victim.  The lack of visible injury alone should therefore not undermine any decision to prosecute.
  • Trauma can be as serious and extensive for non-physical as well as physical abuse and should be taken as seriously by prosecutors. Where allegations of non-physical abuse have been made, prosecutors should direct investigators to identify whether this forms a pattern of behaviour and avoid dismissing such incidents as trivial or insignificant.

Relevant Caselaw/ Links

Prosecutors should consult the  vulnerable victims toolkit  which highlight common types of offender tactics and behaviours.

Domestic Abuse Act.   

Serious Crime Act, s76 Controlling or coercive behaviour in an intimate or family relationship.

Non-fatal strangulation and non-fatal suffocation legal guidance .

  • There is no justification for domestic abuse. Domestic abuse suspects can be calculating in the way they deploy abusive behaviour to minimise the chance of being challenged or a report being made to the police. They may also seek to rationalise their behaviour because of their professed love, strength of feeling or concern for the victim. Prosecutors should identify and challenge any attempt at justification on such grounds with reference to the law and the facts of the case.
  • The victim may co-operate with the abuser out of fear that they or someone they care about could otherwise be seriously injured, killed, or experience some other harm.   
  • DG6 at Annex 3 confirms that when a charging decision is submitted 'Checklists including those relevant to cases involving Domestic Abuse, Harassment or Stalking, Hate Crime, Youths' forms part of the evidential material and must be included with the file.
  • The Domestic Abuse Act 2021 states that it does not matter whether the behaviour consists of a single incident or course of conduct.
  • Incidents of domestic abuse are rarely a one-off and will in many cases increase in frequency and severity.

Legal Guidance on Controlling or coercive behaviour .

Charging (The Director's Guidance) - sixth edition (Annex 3) .

The Joint NPCC and CPS Evidence Gathering Checklist

  • Victims may feel that they should not or cannot report abuse to the police to protect their or the suspect’s family, especially if they are being subjected to controlling or coercive behaviour.
  • Additional considerations, such as pressure from within the immediate and extended family or wider community may prevent or delay victims from reporting offences of DA.

Consult the principles the CPS legal guidance on hearsay

  • Any and all allegations of domestic abuse made by a victim should be treated seriously by prosecutors. Coming forward to report domestic abuse is often extremely difficult for victims and can be retraumatising. Consequently, many victims never come forward to report the abuse they have experienced because they are concerned that their allegations will be minimised.
  • Domestic abuse often takes place in private, so the victim may be the only witness. The law does not require corroboration. Prosecutors can (and do) proceed on the word of the victim against that of the suspect, because that account is evidence. 
  • It is important that efforts are made to build evidence led cases that seek to demonstrate guilt without placing all the reliance on the victim’s account
  • Giving evidence may be very difficult for victims or may cause additional difficulties.  Prosecutors should consider all support that is available for victims.

See the section in DA Legal Guidance on:

  • Suspect-Centric Approach
  • Case Building
  • Domestic abuse can have a long lasting and detrimental effect on victims, their children, families, and extended networks.
  • Abusers may seek to manipulate or interpret religious text(s) to justify their harm of the victim, their behaviour or prevent them from seeking safety/justice. Prosecutors and investigators should avoid minimising or dismissing abusive behaviours as being a cultural norm. Prosecutors should identify and challenge any attempt at justification on racial or religious grounds with reference to the law and the facts of the case. 
  • Some victims may face cultural or other barriers that prevent them from seeking help, such as fear of dishonouring family, shame, stigma, shunning, taboo and being rejected by the community.  Victims may be told to be patient and / or pray for their situation to change rather than seeking protection or justice through the criminal justice system.
  • Such barriers may cause delay in reporting. For offences of common assault or battery which amount to DA as defined in section 1 DA Act 2021 proceedings can be commenced when both the following apply: at any time within 2 years from the date of the offence and within six months from the first date the victim made the statement or was interviewed about the incident.
  • Abusers may also seek to use the victim’s religious or cultural background to justify their behaviour or deflect from their own behaviour. An example of this may be a perpetrator justifying isolating the victim from their family due to false concerns about honour-based abuse or forced marriage.

Relevant Caselaw/Links

Refer to Issues relevant to particular groups within DA Legal Guidance.

Consider expert evidence, refer to Evidence Led Prosecutions section in DA Legal Guidance.

  • People of all genders and gender variance can be victims or suspects of domestic abuse.  Each victim should be looked at as a unique individual,
  • Whilst men and women can be perpetrators of domestic abuse, it is a gendered crime most commonly perpetrated by men against women.
  • Prevalence studies of domestic abuse evidence the disproportionate experience that women have of domestic abuse. Data supplied by 26 police forces to the Office for National Statistics shows in the year ending March 2021 the victim was female in 73% of domestic-abuse related crimes.
  • Crime Survey for England and Wales An estimated 6.9% of women (1.7 million) and 3.0% of men (699,000) experienced domestic abuse in the last year.
  • Male victims of domestic abuse most often experience this abuse from male family members and partners.
  • DA Legal Guidance applies to all victims and suspects, irrespective of gender, or sexual orientation.
  • Family members such as in-laws, children, grandparents, or other extended family can perpetrate domestic abuse.
  • Domestic abuse can occur where the victim and suspect no longer or have never lived together; for example, teenagers in relationships and abuse committed by extended family members.
  • The Domestic Abuse Act 2021 once implemented will remove the co-habitation requirement from the offence of controlling or coercive behaviour (Section 76 Serious Crime Act 2015), ensuring that post-separation abuse and familial domestic abuse is provided for when the victim and suspect do not live together.
  • DA Legal Guidance applies to all cases of current or former partner or family domestic abuse on an equal basis.

Public statement on male victims for crimes covered by the CPS Violence against Women and Girls (VAWG) Strategy .

  • The definition of domestic abuse applies to offenders 16 and over.
  • Young offenders can be just as dangerous as older offenders and can be serial offenders.
  • Teenage relationships can involve domestic abuse, it does not only occur in relationships between adults.
  • Prosecutions will always proceed where there is sufficient evidence, and it is in the public interest.

Prosecutors should consult legal guidance on youth offenders.

Legal guidance on youth offenders .

  • Alcohol and drugs or sporting events, such as football, can make abusive situations worse, but they do not cause domestic abuse and the abuser is solely responsible for their actions.
  • Being under the influence of alcohol/drugs is an aggravating factor. Prosecutors have a duty to actively assist the court with the law and guidelines on sentencing
  • The World Health Organisation (WHO) estimates that approx.  55% of domestic abuse perpetrators consumed alcohol prior to assault .

Sentencing Council Guidelines overarching principles for Domestic Abuse .

  • There is no typical victim of domestic abuse. People of all ages, appearance, status, characteristics, and backgrounds can be victims. Prosecutors should challenge any assertion that typifies who perpetrates domestic abuse and who is subjected to abuse.
  • Domestic Abuse incidents often take place in private, so the victim may be the only witness.
  • Giving evidence may be very difficult for victims, or may cause additional difficulties (for example, fear of reprisals; safety of their children; increased family pressures or serious financial repercussions; fear of being outed; fear of a lack of support by the criminal justice system, or specialist support organisations; or an emotional attachment or loyalty towards the offender), leading to uncertainty about the course of action they should take. 

Display of emotion/distress or lack of it when providing account to the police played to the jury and/or when giving evidence.

Crown Court Compendium – Example 7 , page 20-7

  • If a statement is retracted, a prosecution can still proceed. 
  • Victims can face very difficult decisions when considering whether to report domestic abuse and/or support a prosecution. Some may decide not to report or withdraw support for a number of reasons including intimidation by the accused, fear of not being believed, coerced into withdrawing, limited knowledge of or access to support services or places of safety, lack of economic resources to support themselves and their children, or fear of the consequences including if there are children in the relationship, or fear of being killed if the prosecution is not successful. 
  • Efforts by investigators and prosecutors should be made to identify evidence to demonstrate guilt without placing all the reliance on the victim’s account. .Consideration should be given to making a hearsay application.
  • Careful consideration of any special measures, or other support requirements are all important factors for prosecutors to consider.
  • Section 62 DA Act ensures that all DA victims are automatically eligible for special measures whenever it is alleged that behaviour falls within the DA definition. S27 YJCEA (admitting a visually recorded interview of evidence in chief) & S28 YJCEA (admitting visual pre-recorded cross-examination or re-examination) are currently only available for DA victims in sexual offence trials in the Crown Court.  
  • Prosecutors should always consider whether there is any risk to the safety of the victim in the case by proceeding without their support.
  • The Attorney General’s Guidelines on Disclosure 2022 , provide factors to consider when deciding whether material satisfies the disclosure test. , provide factors to consider when deciding whether material satisfies the disclosure test.

Victims of DA are entitled to receive an enhanced service under the Code of Practice for Victims of  Crime .

Prosecutors should refer to the Victims and Witnesses: CPS Public Policy Statement on the Delivery of Service to Victims – The Prosecutor's  Pledge.

Where the victim remains resolute in not supporting the prosecution, prosecutors s hould consider requesting leave from the court to establish if the witness is reluctant or hostile within the meaning of the law. Such applications should be made at the first signs of hostility, (R v Pestano [1981] Crim LR 397 .

See section in DA Legal Guidance on Reluctant and hostile victims and witnesses.

The  Domestic-Violence Disclosure Scheme  provides  two routes for disclosing information on suspect behaviour – the “Right to Know” and the “Right to Ask.

  • Suspects often deliberately target individuals who are vulnerable due to mental or physical health conditions or disabilities and may also refer to them in attempts to undermine the victims’ account or use them as a tool of coercion. Prosecutors should take a suspect-centric approach to considering the facts of the case.
  • A person with a mental health condition and/or disability can become more symptomatic after trauma or during recall of trauma.  This does not mean that they lack credibility as a witness.  Prosecutors and investigators should, where possible and where it would assist the case, identify other evidence without placing all the reliance on the victim’s account to support and strengthen their account.
  • gain access to the records; and
  • enable disclosure, where appropriate, to take place.
  • Prosecutors must satisfy themselves that consent to disclose the medical records has been obtained by the police from the person to whom the notes refer before any disclosure of material takes place.
  • When obtaining consent, the victim should be informed by the police why the request is being made and what might happen to the record. The victim or witness has the right to decline consent if they wish but must also be told about the possible consequences for the case outcome.

Prosecutors should consult the  vulnerable victims toolkit  which highlights common types of offender tactics and behaviours.

  • Abuse often gets worse over time, and the victim can feel conflicted about the abuse they are experiencing and the professed love they might still feel for the suspect.
  • Suspects may seek to isolate the victim from family and friends to control them, which makes it even more difficult for someone being abused to leave the relationship.
  • Fear, lack of safe options, and the inability to survive economically prevent many victims from leaving relationships with suspects of abuse.  Threats of harm, including death to the adult or child victim and/or any dependent, keep many abused people in abusive situations.
  • The immigration status of victims can be a barrier, especially where they do not have recourse to public funds, or they are reliant on the suspect of abuse for their immigration status. Insecure immigration status may be used as a tool of coercion by a suspect of abuse.
  • According to research by  SafeLives , on average high-risk victims live with domestic abuse for 2.3 years and medium risk victims for 3 years before getting help.
  • Prosecutors should consider the case with reference to the law and the facts.  Simply because the victim stays with their abuser does not mean the impact of the abuse or the offending is in any way lessened - in fact, it can be common for victims to remain in a relationship with a suspect of abuse.
  • The most dangerous time for a victim is often when they attempt to leave the relationship, or when the abuser discovers that they have plans to leave. Support and safety needs for victims should be identified from the outset and continually considered throughout the life of a prosecution case. There may be a continuing threat to the victim's safety, and in the worst cases a threat to their life or the lives of others around them.
  • The Domestic Abuse Act 2021 provides that a child (0-18 years old) who sees or hears, or experiences the effects of, domestic abuse and is related to the victim or the suspect is also to be regarded as a victim of domestic abuse.

Domestic Abuse Act - Children as Victims of DA

  • All charging decisions should be made speedily and with specific attention to the adult or child victim’s, and any other dependants', safety in mind. Prosecutors should not delay charging decisions.
  • Domestic Violence Protection Orders and Domestic Violence Protection Notices provide protection to victims by enabling the police and magistrates' courts to put in place protective measures. These can be implemented immediately after a domestic abuse incident and where there is insufficient evidence to charge a suspect and provide protection to a victim via bail conditions.

DVPO and DVPN Guidance .

  • It is not a defence to claim that a person consented to serious harm for the purpose of sexual gratification.
  • a person is unable to consent to the infliction of harm that results in actual bodily harm or other more serious injury or, by extension, to their own death, for the purposes of obtaining sexual gratification.
  • a defendant is unable to rely on a victim's consent to the infliction of actual bodily harm, or more serious injury, in any context and this includes during sexual activity an exception remains, in relation to the transmission of sexually transmitted infections (STIs) where, in certain circumstances, a person may consent to the risk of acquiring an STI. This exception is in line with current case law.
  • the law applies in all situations and is not limited to those which might also amount to incidents of domestic abuse

R v Brown [1993] 2 W.L,R 556 .

DA Act: Factsheets  Consent to serious harm for sexual gratification not a defence.

  • The DA Act 2021 extends the existing offence of disclosing private sexual photographs and films with intent to cause distress at  section 33 of the Criminal Justice and Courts Act 2015  to include "threats" to disclose such materials. It constitutes a criminal offence within England and Wales. Such behaviour can be subject to the existing maximum penalty of two years' imprisonment, or a fine, or both.
  • The CPS is required to prove that the threat to disclose a private sexual image was made, not whether the image exists. This is because it is the threat that is the offence and that the threat was made with the intention of causing distress. 
  • If private sexual images or films do exist, it does not matter that the victim consented at the time they were taken.

s33 of the Criminal Justice and Courts Act 2015.

Case Studies

Case study – petra.

Petra and Dominic had been in a relationship for 3 years.

Early in the relationship Dominic was violent and controlling toward Petra. This increased in severity throughout the relationship.

Dominic experienced mental health issues and Petra felt that she had a responsibility to do whatever was requested of her to attempt to ensure there was no further impact on Dominic’s health.

Throughout the relationship Dominic used a pattern of behaviour including assaults, threats, humiliation, and intimidation. Petra was physically harmed on numerous occasions and lived in constant fear of Dominic. As an example, she was given a set of rules she attempted to follow every day to avoid further abuse. When Dominic felt these were not followed further threats of violence or actual violence took place. This went as far as Dominic purchasing a weapon to injure her with and then take photos of the injuries he had caused and threaten further violence. Dominic also ensured that Petra was isolated from her family and friends.

Petra was eventually encouraged by her family to leave the relationship and at this stage all offending throughout the 3-year relationship was reported to the police.

Investigation and Case Building

As part of the investigation the police obtained evidence including Petra’s full account of the allegations, statements from family members detailing the changes in Petra’s behaviour and control Dominic had over her. Police recovered Images, voice messages and texts messages from Dominic’s phone illustrating injuries and demeaning behaviour to Petra. They also obtained a psychologist’s statement detailing the impact on Petra and statements from neighbours who had heard disturbances between the couple.

Dominic was interviewed about the allegations, he accepted one assault by beating. He accepted that he had become angry and punched Petra but denied all other allegations.

Dominic was charged with controlling or coercive behaviour (CCB) spanning the entire 3-year relationship, 4 charges of assault occasioning actual bodily harm and 1 charge of assault by beating.

Dominic pleaded guilty to the charge of assault by beating at the first hearing, having admitted this offence in police interview, but initially pleaded not guilty to all other charges. CCB is an offence which is triable either way, and due to the severity of the offending, the court declined jurisdiction and the case was sent to the Crown Court for trial.

Petra was fearful and very distressed at the thought of giving evidence at a trial in front of Dominic. The prosecutor applied for special measures. The court granted permission for Petra to give evidence from behind a screen so she would not have to see Dominic in person.

On day one of the trial, Dominic changed his plea to guilty to all outstanding charges. 

Dominic was subsequently sentenced to a total of 64 months imprisonment at the Crown Court. Following an application by the prosecutor, the court granted an indefinite restraining order to protect Petra from future contact with Dominic.

This case illustrates how the prosecutor considered the factual statements at numbers 3, 4, 5, 6, 12, 14 and 16.

The prosecutor ensured the charges reflected Dominic’s offending, spanning a 3-year relationship, and the court had sufficient sentencing powers. The prosecutor was able to overcome the delay in reporting the allegations by incorporating all statutory time barred assault offences within the background and facts of the offending, encompassed within the charge for controlling and coercive behaviour.

Case study – Jayne

Micky is Jayne’s adult son, who lived with her sporadically for 2 years.  His relationship with his former partner ended after he assaulted them. There was a lodger also living at the address.

Neighbours called the Police who were concerned about shouting from the address.

When the police attended the address, Jayne disclosed that Micky had assaulted her. The defendant was arrested for this allegation.

In a further statement, Jayne disclosed another assault and controlling or coercive behaviour. It described Mickey’s escalating behaviour towards Jayne, against her wishes he would take food without permission, control who could entered the house, made excessive noise day and night and took illegal drugs in the house.

Jayne was aware Micky had been making false benefit claims including where he was living and rent he was paying.

Investigation and case building

Police activated their body worn cameras on attendance, this captured Micky telling Jayne not to say anything and Jayne saying Micky had told her she can't say anything.

The lodger provided a statement describing threats Micky made towards Jayne including threatening to smash a rock over her head and to burn her. He also outlined the impact the abuse had on Jayne.

Micky denied all allegations in interview. 

The prosecutor charged 2 offences of common assault and 1 offence of controlling and coercive behaviour.

Micky entered not guilty pleas to all charges and was remanded into custody. The case was allocated to the magistrates’ court for trial. 

Jayne was fearful of giving evidence at court and the prosecutor made a special measures application for her to give evidence via a video link, so she did not have to be in the same room as Micky when giving evidence. This was granted by the Court.

On the day of trial, Micky pleaded guilty to the offence of controlling and coercive behaviour.  The prosecutor told the Court about the full circumstances of the case including the two assaults to reflect Micky’s pattern of controlling and coercive behaviour towards Jayne.

The Court sentenced Micky to a 12-month community order with rehabilitation. After taking Jayne’s views into account, the prosecutor made an application for a restraining order to prevent Micky from contacting Jayne or going within 100 metres of her address for two years. This was granted by the Court.

This case illustrates how the prosecutor considered the factual statements at numbers 3, 4, 5, 6, 10 and 12.

The prosecutor ensured the court heard all offending reported by Jayne and had sufficient sentencing powers. 

Case Study – Anita

Anita and Stephen’s long-term relationship featured a history of domestic abuse and a number of allegations made by Anita which she did not wish to be prosecuted. Both experienced alcohol and substance misuse.

On the last occasion, Stephen punched and kicked Anita resulting in two black eyes. Stephen was issued with a Domestic Violence Protection Order to safeguard Anita, who did not want to support a prosecution. The order was breached which resulted in a custodial sentence.

During Stephen’s period of imprisonment, Anita engaged with the police and provided a full statement detailing several allegations of assault and controlling or coercive behaviour.  It described how she was locked in a caravan, pressurised into paying her benefit money into Stephen’s Nan’s bank account, refused access to her mobile phone and demeaning behaviour.

Police obtained statements from Anita, her mother, social workers who had been supporting Anita and her probation officer to whom some of the allegations were made. Medical notes were obtained which detailed some of the injuries Anita had sustained during assaults.

Stephen denied all allegations in the police interview.

The prosecutor authorised two charges of controlling or coercive behaviour and two offences of assault occasioning actual bodily harm. All charges were sent to the Crown Court for trial.

Stephen entered not guilty pleas to the charges and, on the application of the prosecutor, was remanded into custody whilst awaiting trial.

On conclusion of the trial, Stephen was convicted of all four offences and sentenced to 4 years and 3 months imprisonment. The prosecutor sought an indefinite restraining order to protect Anita in the future, which was granted by the Court.

This case illustrates how the prosecutor considered the factual statements at numbers 3, 4, 5, 6, 10, 12, 14, 15 and 16.

The prosecutor ensured Anita’s evidence was carefully considered, and all offending was charged. Anita had previously withdrawn and been unsupportive of proceedings, Although, there may have been some inconsistencies in her account, it did not mean she was not a credible witness. The prosecutor ensured the right charges were brought before the court to give them sufficient sentencing powers, securing justice for Anita.

Impacts of Domestic Abuse - Introduction

This section of the guidance seeks to highlight the different impacts of domestic abuse on people from a range of communities and groups, and the particular considerations that prosecutors will need to bear in mind.

It is essential that prosecutors recognise that each victim’s experience of domestic abuse is unique and that the interconnected nature of social categorisations including, but not limited to, race, class, caste, gender, ethnicity, sexuality, disability, nationality, immigration status, geographical location and religion can create interdependent systems of discrimination and disadvantage.

Prosecutors should note that the list of groups identified below is not exhaustive and should only be used as a guide as it is not possible to include every scenario within this guidance.

Gender Identity

Data shows that women are disproportionately represented among DA victims. Women are more likely to be subjected to prolonged, repeated and more severe forms of abuse or sexual violence that becomes increasingly frequent and more serious the longer it continues. Women are more likely to be killed as a result of domestic abuse.

Non-fatal strangulation (NFS) is a form of domestic abuse more commonly experienced by women. It is a tactic usually used by abusers to instil fear, power, and control over their victim rather than being an attempt at homicide. Prosecutors should be aware that evidence of external signs of NFS, such as bruising, may not always be visible and symptoms can fade quickly. Internal damage and psychological impacts, however, can be long lasting and detrimental to the victim’s well-being and ought to be taken into consideration when assessing the harm caused. Some offenders may exploit the specific vulnerabilities of a female victim to perpetrate abuse or manipulate/control their behaviour, examples may include:

  • Destroying/withholding birth control or practising unsafe sex that may result in unwanted pregnancies or risking the victim’s sexual health e.g. by contracting STIs
  • Alcohol or substance misuse may be a coping mechanism for female victims which can increase susceptibility to abuse or be used to undermine credibility.
  • Pregnancy can be a trigger for DA , postpartum there is an increased risk of escalation in severity and frequency of abuse. Additionally, children may be used as to heighten threats of abuse.

There is an intrinsic link between poverty, DA and gender inequality that can make women more vulnerable to economic abuse. Offenders may misuse the victim’s money or put limits on the money they are able to spend which can leave women without sufficient funds for basic essentials such as food, clothes and can contribute to period poverty. A number of female victims flee the relationship to the safety of a refuge, but this can result in the accumulation of debt, loss of their family home, homelessness, or destitution.

Some offenders may actively encourage victims to resign from work or be encouraged to give up their career under the premise of “looking after” the victim, increasing financial dependence on the abuser. Economic abuse can mean that women stay in relationships with DA suspects for longer. For example, because they may lack the resources to leave the relationship and have limited financial independence because of previous controlling behaviour by the suspect.

Men can also be victims of DA. They, like all victims, can be subjected to the cumulative and interlinked physical, psychological, sexual, emotional and/or economic abuse as well as coercive controlling behaviour.

Preconceptions about a man’s physical appearance or gender should not influence a prosecutor’s consideration of whether or why the abuse is occurring. Men may, because of preconceptions and/or societal attitudes, feel less able to report the abuse they are experiencing for embarrassment shame or fear that they will not be believed.

Prosecutors should be aware that there is a significant under-reporting of DA against victims who are men. Many victims will be reluctant to report offending in the fear that it may damage their reputation or pride; others may be hesitant as they fear the consequences that may ensue with their family. Prosecutors will need to deal with these issues with great care to ensure that the credibility of male victims is not undermined by myths and stereotypes.

Familial abuse may be perpetrated on men by other men or women in the form of physical violence, abuse or to exert dominance or control. For example, men who are victims may be susceptible to abuse perpetrated in the context of forced marriage, being LGBT+ and/or identifying as non-binary. For further guidance, prosecutors should refer to the legal guidance on  Forced Marriage and Honour Based Violence .

Again, prosecutors will need to work very closely with police colleagues to ensure that a holistic investigation has been conducted to select the most appropriate charge.

Trans and non-binary victims

Gender identity is not the same as anatomical sex. Gender identity is what you know your gender to be and can only be decided by the individual for themselves. Gender identity might be the same as assigned sex (cisgender) or different to assigned sex (trans). Gender identity is not the same as sexuality; trans and non-binary people identify as heterosexual, gay, lesbian, bisexual, pansexual, asexual, and aromatic, amongst other identities.

Trans people know their gender to be different to that which they were assigned at birth. ‘Trans’ is an umbrella terms which some non-binary people feel part of, but not all. Many trans people have a binary gender identity (male or female) but not all. Some will have taken, or been given the opportunity to take, steps to align their bodies, dress, name, pronoun, and social identity to be congruent with who they know themselves to be. Prosecutors should be aware that this process - called ‘transitioning’ – is not easy and can take many years. For some trans people, it is not medically or socially possible to transition and some may not want to in any event.

Please refer to  Rape and Sexual Offences - Chapter 5: Issues relevant to particular groups of people  for further information.

Trans and non-binary people can experience domestic abuse regardless of the gender identity of either person. Trans and non-binary people can be subjected to unique forms of domestic abuse linked to their trans or non-binary identity, including some that mirror those of LGB communities. Therefore, this segment should be read in conjunction with sexual orientation. Although not an exhausted list, some examples of how trans and non-binary people may be abused by intimate partners or family members include (see also;  Domestic Violence: A resource for trans people in Brighton and Hove ):

  • Using the process of transitioning or “coming out” as a form of control
  • Threatening or sharing pre-transition images
  • Body shaming or criticising the victim for not being “a real man/woman” if they have not undergone reassignment surgery
  • Minimise or disregard the abuse by blaming the victim’s “perception” on their hormones
  • Physically assaulting surgically or medically altered body parts
  • Withholding money for transitioning
  • Targeting sexual or emotional abuse towards parts of the body they are ashamed of or forcing the victim to expose scars
  • Refusing to use their preferred name or pronoun
  • Destroying medication or clothes

Domestic abuse is traumatic for all victims, however trans and non-binary people can experience additional barriers to disclosing abuse or accessing support.

Additionally, for trans and non-binary victims, they often struggle to get access to refuges, while non- binary individuals, who were assigned female at birth (AFAB), may be forced to be “closeted” to avoid removal from places of safety. Where victims are able to access safe accommodation, staff are specially trained to recognise their needs and support services required to provide appropriate protection.

Sexual Orientation

The dynamics of violence within relationships involving lesbian, gay or bisexual (LGB) individuals may be similar to those within heterosexual relationships, but there may be additional issues, dynamics and barriers that will require careful consideration by prosecutors. For example, there may be some pre-existing isolation from the victim's family because of the individual's sexual orientation which may be exploited by an intimate partner.

Exploitation and abuse by the suspect could manifest in a variety of ways, as explored above through the use of physical or sexual violence, or through controlling or coercive behaviours. A victim may fear their sexual orientation, preferences or relationship choices may be 'outed' by an intimate partner or there may be threats of removal of children by authorities.

Additionally, where victims' families are aware of sexual orientation, there may be controlling or coercive behaviours used by those family members to deny or hide an individual's sexual orientation. Such as being forced into marriage or being abused in the belief that this may 'rectify' their sexual orientation. Prosecutors should in such cases consider the legal guidance on  Forced Marriage and Honour Based Violence .

Careful and sensitive handling will be required to ensure that victims' needs are fully recognised, and appropriate support services involved to assist the victim through the criminal justice process.

Where appropriate, prosecutors should consider the use of reporting restrictions (under section 46 of the Youth Justice and Criminal Evidence Act 1999) to alleviate worries about the publicity of any court proceedings; this may be particularly helpful where the victim is fearful of repercussions of their sexual being revealed to the wider community, especially where such a disclosure may place them at risk or harm. This may be a more pertinent requirement for LGB individuals who also fall into one or more of the other groups identified in this section; for example, if the individual is also from a religious or minority ethnic community where sexual orientation is not openly discussed or shared. To ensure victims' safety and support requirements are properly met, prosecutors should consider such applications carefully and in the context of the case and the victim's specific requirements.

Some victims may fear homophobic reactions from the statutory services when reporting incidents or feel less confident in accessing services they perceive to be more readily available for heterosexual individuals. These fears or previous experiences of negative reactions by the individuals themselves, or others they know, can make it more difficult to report the abuse they may be experiencing. Victims should be assured they will be treated fairly, in the same way as everyone else and without judgement, and with specialist support to their specific circumstances if further support is required.

Prosecutors should be aware that LGBTQ+ victims may not have access to the same range of places of safety as heterosexual victims. There are few refuges for men, and whilst women may access refuges, lesbians may be subjected to homophobia within the refuge and the abusive partner may be able to gain access to the refuge themselves by posing as a victim.

Child to parent violence and familial abuse

Violence or abuse perpetrated on parents by their children also falls under the definition of DA. Violence and abuse may also be taking place on elderly relatives such as grandparents by their grandchildren or other family members.

Victims do not usually report abuse because of a number of barriers. Such barriers may include:

  • shame or embarrassment that they are being subjected to abuse by a younger family member;
  • disagreement between family members on how the abuse should be handled;
  • a possible lack of awareness that the behaviour actually constitutes abuse;
  • little understanding of the issues which may contribute to the abuse perpetrated (e.g. a new baby in the family; break down of family relationships; new partners of family members; substance or alcohol misuse, mental health issues);
  • parents/other victims may feel that there are no support services available to them in these scenarios;
  • parents/other victims may not want the suspect to end up with a criminal record and may fear that by reporting they would be impacting on the future of the suspect;
  • the child may also be a carer for the victim or
  • victims may be unaware of the support and services available for the young person.

Prosecutors and investigators should attempt to understand the nature of the abuse. The Joint Evidence Checklist will be extremely useful in these cases to ensure that evidence collation can be maximised. Prosecutors should pay particular attention to gathering and/or sharing information with other agencies, such as Social Services and Children's Services, as well as from other support organisations where appropriate, such as mental heal services.

The dynamic between a parent and child may be a determining factor in whether support for the prosecution can be secured and should be considered by prosecutors when considering the charging decision.

Young People

Prosecutors need to take into consideration a number of factors when dealing with cases of teenage victims who find themselves in relationships with DA suspects of their own or similar age.

Prosecutors should also be aware of the linked issue of  relationships with DA suspects regarding gang-related activity. Abuse may take place in the confines of gangs and be part of members' initiation or part of a particular gang's behaviour. Prosecutors should be conscious that gang environments are largely dominated by men and abuse taking place is mainly against women victims; that is not to say that women in gangs will not also perpetrate abuse or that men or non-binary victims will not experience abuse.

Please refer to R ape and Sexual Offences - Chapter 5: Issues relevant to particular groups of people  for further information on correlating considerations.

Older People

Some older people may be more vulnerable to serious harm as a result of DA and may be higher risk due to mental or physical frailty, and/or mental capacity or physical disabilities; however, these are not the only factors which could lead to an older person being abused.

Prosecutors may also wish to refer to the legal guidance on  Prosecuting Crimes Against Older People  and  Rape and Sexual Offences - Chapter 5: Issues relevant to particular groups of people  for further information on correlating considerations.

Disabled women and men are more likely to be victims of DA than non-disabled women and men.

Many disabled people face problems of negative attitudes towards either their mental or physical impairment and may often feel or be made to feel isolated. In fact, some victims may be specifically targeted because of their mental health condition or physical impairment by the abuser, to exert control and dominance, whether through physical violence, or through less obvious controlling or coercive behaviours.

The early identification of specific support needs is critical. Certain disabilities such as deafness, will require specialist care and attention to ensure that the victim has been properly understood when providing their account of the offending behaviour, and that they are supported with special measures and other support requirements if attending court.

Please refer to  Rape and Sexual Offences - Chapter 5: Issues relevant to particular groups of people  for further information on correlating issues to consider.

Race and Religion

Black and minoritised communities.

Perceptions or experiences of racism in the criminal justice system and throughout other aspects of society may make it difficult for victims of DA in minoritised ethnic communities to feel sufficiently confident to report an offence or support a prosecution. Additional considerations, such as pressure from within the immediate and extended family or wider community, together with beliefs, may prevent or delay victims from reporting offences of DA.

Some examples that might be relevant to this section are:

  • so called honour based violence and forced marriage (as distinct from an arranged marriage, where the marriage is based on free consent);
  • dowry-related violence.
  • enforcement of cultural/traditional roles at a young age
  • Female genital mutilation (FGM) [prosecutors should see separate guidance on FGM for further information]; shaving of the head or acid attacks to minimise the woman or girls' physical appearance; preventing the victim from finishing education or pursuing a career); and, physical appearance; preventing the victim from finishing education or pursuing a career);and,
  • Violence, shunning and disowning of the victim by the family or community (for so called 'shameful behaviour' or apostasy - the act of leaving the religious community).

Such behaviours may be perpetrated by intimate partners and by family members and/or wider community members. Further advice and information on these issues can be found in the legal guidance on  so-called Honour Based Violence and Forced Marriage .

Prosecutors should be very careful not to make assumptions that all DA within minoritised ethnic communities take these forms. Some abuse will be similar to that perpetrated in non-minoritised communities (for example, prejudices towards inter-racial relationships; pregnancy outside of marriage). As such, prosecutors should proceed with caution when communicating with the victim about a case. It is highly likely that the victim and suspect will be living in the same household. Some cases will be very clearly honour-based, and some will not; others, may also be a combination of both.

In some cases, offences may be perpetrated by multiple offenders and despite the conviction of one offender the abusive behaviour may still continue by others who still have access to the victim. It is therefore essential that prosecutors and police work closely to understand the nature of the abuse and identify whether there are single or multiple suspects involved.

The forms of DA experienced by victims in some religious communities or cultures can be triggered by a number of issues, including, but not limited to:

  • loss of virginity;
  • being in a 'secret' or what the family perceive as 'unsuitable' relationship;
  • disclosure of rape or sexual abuse;
  • pregnancy (particularly where pregnancy occurs outside marriage, or from a 'secret' or 'unsuitable' relationship) and/or forced abortion or termination of pregnancy; or,
  • lifestyle (alcohol, sexual activity, sexual orientation and/or gender identity) being revealed.

Early consultation with the police to identify whether any such triggers are involved in such cases is important to understand the dynamics of the offending behaviour, as well as the risk posed to a victim. This will assist with how communications need to be managed and the specific support needs a victim may require.

In some minoritised groups, victims may become more vulnerable and fear leaving their abuser because they may be unable to speak or understand English to a confident level and may therefore feel unable to access the support that is needed. This lack of confidence may be exploited by abusers, especially in scenarios between intimate partners where threats may be made to have children taken into care. The same methods of manipulation may be used to suggest that the victim is suffering from mental health issues, where they may not be.

Additionally, some victims with little understanding or confidence of English language may be left in difficult situations where they have participated in religious (but not legally binding) ceremonies to marry British nationals. Some victims in these circumstances will experience castigation by their spouse where they do not conform to family expectations and may be as a result left without any family or friends, community support, financial means, and in some extreme cases even made homeless. These are only some examples of the barriers and difficulties faced by victims from minoritised ethnic communities and should not be seen as an exhaustive list.

It is therefore important that prosecutors obtain as much information from the police, and with the assistance of specialist groups where available, to understand the nature of abuse experienced by the victim, and to enable identification of the support needs required by them.

There are specific support organisations available for some minoritised ethnic groups – victims should be put in contact with these support organisations by the police, wherever possible.

Cultural or religious beliefs may also be a deterrent for victims coming forward; victims may be made to feel ashamed by their community or may fear isolation by the community. Additionally, community leaders or faith leaders in some cultures or ethnic groups may play the role of a mediator and discourage the victim from reporting. Non-harmful cultural and religious practices should be respected; however, harmful practice should never be seen as an 'excuse' or justification for DA.

Prosecutors should be aware of community courts/arbitration forums in some Jewish and Muslim communities by victims and suspects. Prosecutors will be aware that they should not be used as an alternative to criminal proceedings. Some suspects may use these mechanisms to make a case for staying with their partner, thereby enabling the abuse to be continued. Some DA victims may not be aware that community courts/ forums have no legal standing in England and Wales and that they are not bound by any judgements made by them. Prosecutors should refer to specialist support services and organisations where required to ensure that a proper understanding of such practices is obtained, and that any risks to victims are properly identified.

Prosecutors should ensure that family members do not act as interpreters for those who do not have a competent or confident understanding of English. Prosecutors should refer to the legal guidance on  Interpreters  and ensure that through the police or support agencies, checks are made with the victim that the interpreter does not have any connection with them or their family. Victims may request an interpreter of the same sex - this should be arranged as far as is possible. Prosecutors should also bear in mind that written communication may also be difficult for a victim to understand, and translators may be required in these circumstances.

Interpreters from within the victim's or suspect’s community group should also be avoided as this may place victims at further risk of abuse. Community members may discover the victim's recourse through the criminal justice system and may put the victim at further risk in an attempt not to bring shame on the family or community. The element of shame may result in increased pressure for the victim to withdraw from a prosecution.

See  Rape and Sexual Offences - Chapter 5: Issues relevant to particular groups of people  for further information about abuse in Gypsy, Roma, Traveller communities.

People with insecure immigration status, refugees, and asylum seekers

Victims of domestic abuse with insecure immigration status may have no recourse to public funds which can lead to greater dependence on a partner, ex-partner, or the wider family. Accordingly, they may find it difficult   to leave abusive situations, often leaving them with no option but to stay in a relationship with a DA suspect or leave with little support thereafter.

Victims with insecure immigration status may also experience additional barriers to reporting DA out of fear of seeking help from statutory agencies due to concern that immigration action may be taken against them or misplaced feat hay they may have their children removed from their care.  

A DA suspect may also use a victim’s immigration status as a vulnerability and a tool to perpetrate abuse through fear that the insecure immigration status of the victim may be exposed. For example, the suspect may use the insecure status to prevent the victim from reporting the offending behaviour to the police, by telling the victim they may be penalised by the authorities in some way. Some victims may have entered the country through forced marriage and be kept isolated from other people or services or social freedom and may find themselves being unable to leave their situation for fear of lack of support or knowledge of services available. Prosecutors may find it helpful to also refer to the legal guidance on  Modern Slavery, Human Trafficking and Smuggling  to support case handling which exemplify such issues.

Victims may experience abuse by multiple suspects, such as a main suspect, and their family members. It is possible that in such circumstances, victims may be forced into domestic servitude as part of the control and manipulation exerted by some suspects.

Prosecutors may want to refer to the operational guidance on  UK Visas and Immigration (UKVI)  which provides the criteria required to apply for leave to remain to victims of DA. Often, applications may not be easily approved as eligibility criteria can be difficult to meet for some immigrants. As a result, suspects can use these vulnerabilities as a further lever for abuse.

When reviewing a DA case in which the victim is a refugee or an asylum seeker or has insecure immigration status prosecutors should take into account the combination of social and cultural factors, communication difficulties, lack of information (particularly in their own language) and lack of access to informal and formal support, which may make it difficult for the victim to support or take part in a prosecution. Some asylum seekers and refugees may have been victims of abuse in the countries they have escaped from; they may also be suffering from experiences related to that abuse, such as mental health problems.

Prosecutors should include in their review the potential problems and solutions and set out what steps need to be taken if the victim is to give evidence (for example, special measures, use of an interpreter, support from an immigration lawyer, specialist domestic abuse organisation, or in some cases Victim Support to give their best evidence).

See  Rape and Sexual Offences - Chapter 5: Issues relevant to particular groups of people  for further information.

Other circumstances

Da and prostitution or sex work.

Individuals involved in prostitution or sex work can also fall into the category of those who experience DA. In some cases, these individuals may be more vulnerable because of their immigration status, age, mental health vulnerabilities, ethnic background, or addiction/substance misuse. Victims may be at risk of DA, particularly if, as in many instances, their partner is also their 'pimp'. Additionally, victims may be forced or coerced to become involved in prostitution by their spouse or partner, which is also seen as a way of perpetrating DA.

See  Rape and Sexual Offences - Chapter 5: Issues relevant to particular groups of people  for further information on correlating issues.

Economic Abuse

The Domestic Abuse Act 2021 definition of domestic abuse now includes specific reference to economic abuse. This includes behaviour that has a substantial adverse effect on an individual’s ability to acquire, use or maintain money or other property, or to obtain goods or services.

This form of abuse can make a victim economically dependent on the suspect, which in turn may limit their ability to escape and access safety. This can result in a victim remaining with the DA suspect and may occur or continue even after the victim has separated from the suspect.

Examples of economic abuse can include having debt put in their name without their knowledge, deliberately forcing a victim to go to the family courts so they incur additional legal fees, interfering with or preventing a victim from regularising their immigration status so that they are economically dependent on the suspect.  Victim’s maybe unaware that such behaviour is abuse and may need specialist debt and financial support to understand the entirety of the offending. This abuse may also impact a victim’s ability to engage with the criminal justice process. They may be consumed with financial worries and lack resources. Support through IDVAs and other specialist support organisations can help identify and address issues.  

National Support Agencies

24hr domestic violence helpline.

The 24-hour National Domestic Abuse Helpline, run by Refuge, provides confidential, non-judgmental support to any woman experiencing domestic abuse and those seeking help on a woman's behalf. Our expert, all-women team can provide a listening ear, information on rights and options and referrals to refuges and other services.

Telephone: 0808 2000 247, 24-hours a day, 7 days a week. Interpreters available. 

Online Live Chat, weekdays 3pm - 10pm 

British Sign Language interpretation, weekdays, 10am - 6pm 

BAWSO provide generic and specialist services for minority ethnic communities, including the provision of temporary accommodation in Wales for those experiencing domestic abuse and all forms of violence; including Female Genital Mutilation, Forced Marriage, Honour Based Violence and Human Trafficking.

Address: Unit 4, Sovereign Quay, Havannah Street, Cardiff, CF10 5SF Helpline: 0800 731 8147 Email:  [email protected] Website:  http://www.bawso.org.uk/

ChildLine is the free 24-hour helpline for children and young people in the UK about any problem, day or night.

Telephone: 0800 1111 Website:  http://www.childline.org.uk/Pages/Home.aspx

The (Government’s) Forced Marriage Unit

The Forced Marriage Unit is a joint Foreign, Commonwealth and Development Office (FCDO) and Home Office unit which leads on the government’s forced marriage policy, outreach and casework. It operates a public helpline to provide support and advice to victims and potential victims of forced marriage, and professionals dealing with cases.

Telephone: 020 7008 0151

Email: [email protected]

Website: https://www.gov.uk/guidance/forced-marriage#how-the-forced-marriage-unit-can-help

Galop provides assistance to lesbians, gay men, bisexual and transgender (LGBT) people in Britain who are affected by homophobic, transphobic and same sex domestic violence.

Helpline Number: 0800 999 5428 Email:  [email protected][email protected] Website:  www.galop.org.uk

The Hideout

Website to help children and young people understand domestic abuse, and how to take positive action.

Website:  http://www.thehideout.org.uk/

Hourglass works to protect and prevent the abuse of vulnerable older adults.

Address: Office 8, Unit 5, Stour Valley Business Centre, Brundon Lane, Sudbury, Suffolk, CO10 7GB. Telephone: 0808 808 8141 Email:  [email protected] Website:  www.wearehourglass.org

Imkaan is a black feminist organisation dedicated to addressing Violence Against women and girls. lmkaan supports a network of specialist women's services run by and for black and minority ethnic women.

Address: Tindlemanor, 52 - 54 Featherstone Street, London EC1Y 8RT Telephone: 020 7842 8525 Email:  [email protected] Website:  http://imkaan.org.uk/

Jewish Women's Aid

Jewish Women's Aid is the only specialist organisation in the UK supporting Jewish women affected by domestic violence and abuse.

Helpline: 0808 801 0500 London Office Number: 020 8445 8060 Manchester Office Number: 0161 772 4071 Office Email:  [email protected] Advice Email:  [email protected] Website:  http://jwa.org.uk/

Karma Nirvana

Karma Nirvana works to end Honour Based Abuse in the UK and is a specialist charity for victims and survivors.

Address: PO Box 515, Leeds, LS6 9DW

Telephone: 0800 5999 247

Website: https://karmanirvana.org.uk/

Mankind Initiative

Mankind Initiative directly, and indirectly help others to, support male victims of domestic abuse and domestic violence and abuse across the UK and within their local communities.

Address: Flook House, Belvedere Road, Taunton, Somerset, TA1 1BT Telephone: 01823 334244 Email:  [email protected] Website:  http://www.mankind.org.uk/

The Mix is the UK's free, confidential helpline for young people under 25 who need help and don't know where to turn.

Address: 209 City Road, London, EC1V 1JN Telephone: 0808 808 1994 Website:  www.themix.org.uk

Muslim Youth Helpline

MYH is a charity that provides free and confidential faith and culturally sensitive support services targeted at vulnerable young people in the UK.

Helpline: 0808 808 2008 Office telephone: 0207 435 8171 Email:  [email protected] Website:  http://www.myh.org.uk/

Muslim Women's Network UK

The Muslim Women's Network (MWN-UK) is an independent national network of individual Muslim women and Muslim women's organisations across the UK.

Address: First Floor, 1192 Stratford Road, Birmingham, B28 8AB Helpline: 0800 999 5786 Telephone: 0121 236 9000 Email :  [email protected] Website:  http://www.mwnuk.co.uk/

National Stalking Helpline

The National Stalking Helpline is run by the Suzy Lamplugh Trust, offering practical advice to victims to increase their safety and to allow them to make informed choices.

Telephone: 0808 802 0300

Website: https://www.suzylamplughtrust.org/pages/category/national-stalking-helpline

National Youth Advocacy Service

NYAS is a UK charity providing socio-legal services that offer information, advice, advocacy and legal representation to children, young people and vulnerable adults through a network of dedicated paid workers and volunteers throughout England and Wales.

Address: NYAS, Egerton House, Tower Road, Birkenhead, Wirral, CH41 1FN Office Telephone: 0151 649 8700 Helpline: 0808 808 1001 Email:  [email protected]

NSPCC National Child Protection Helpline

Helpline for people concerned about a child at risk of abuse, including children themselves. Offers counselling, information and advice about the care of children, legal issues, sexual, physical or emotional abuse, neglect etc. The helpline is a free and confidential service that is open 24 hours a day, seven days a week.

Telephone: 0808 800 5000 Email:  [email protected] Website:  http://www.nspcc.org.uk/

Paladin assists high risk victims of stalking throughout England and Wales. A number of Independent Stalking Advocacy Caseworkers (ISACs) ensure high risk victims of stalking are supported and that a coordinated community response is developed locally to keep victims and their children safe.

Telephone: 02038664107

Website: https://www.paladinservice.co.uk/

Rape Crisis England & Wales

Rape Crisis England & Wales is a national charity and the umbrella body for their network of independent member Rape Crisis organisations.

Address: Rape Crisis England & Wales, Suite E4, Josephs Well, Hanover Walk, Leeds, LS3 1AB. Freephone helpline: 0808 802 9999 Email:  [email protected]   Website:  http://www.rapecrisis.org.uk/

Refuge is a national charity for women and children experiencing domestic violence and other forms of violence and abuse, including sexual violence, trafficking, FGM, 'honour'-based violence, forced marriage, stalking and prostitution. Refuge runs a national network of specialist services, including emergency refuge accommodation; community-based outreach services; culturally specific services.

Address: 4th Floor, International House, 1 St Katharine's Way, London E1W 1UN Telephone: 020 7395 7700 National Domestic Violence Helpline: 0808 2000 247 Website:  www.refuge.org.uk

Respect is a UK-wide membership organisation for practitioners and organisations working with suspects of domestic violence and abuse and associated work with women partners and ex-partners. Respect's key focus is on increasing the safety of those experiencing domestic violence and abuse through promoting intervention with suspects.

Address: Hubhub, 20 Farringdon Street, London, EC4A 4AB. Telephone: 0808 8024040 Email:  [email protected] Website:  www.respect.uk.net

Respect (Men's Advice Line)

A confidential helpline for men who experience violence from their partners or ex-partners or from other family members.

Telephone: 0808 801 0327 Email:  [email protected] Website:  www.mensadviceline.org.uk

Restored is a Christian organisation supporting victims of domestic abuse and controlling or coercive behaviour. It runs a survivors’ network and works with churches to stand against domestic abuse and to provide places of safety for survivors.

Address: 100 Church Road, Teddington, TW11 8QE

Telephone: 0203 9063 930

Website: https://www.restored-uk.org/

Rights of Women

Rights of Women works to attain justice and equality by informing, educating and empowering women on their legal rights.

Address: Rights of Women, 52-54 Featherstone Street, London, EC1Y 8RT. Administration: 020 7251 6575 Email:  [email protected] Website:  http://www.rightsofwomen.org.uk/

SafeLives is a national charity dedicated to ending domestic abuse. previously called Co-ordinated Action Against Domestic Abuse (Caada), we're here for one simple reason: to make sure all families are safe. Our experts find out what works to stop domestic abuse. Then we do everything we can to make sure families everywhere benefit.

Address: Suite 2a, Whitefriars, Lewins Mead, Bristol, BS1 2NT Telephone: 0117 403 3220 Email:  [email protected] Website:  http://safelives.org.uk

Shelter help millions of people every year struggling with bad housing or homelessness – and campaign to prevent it in the first place.

Address: Shelter Head Office, 88 Old Street, London, EC1V 9HU Main Switchboard 0344 515 2000 Helpline on 0808 800 4444 Email:  [email protected]   Website:  http://england.shelter.org.uk/

Sign Health

SignHealth provides a support service to help deaf women and children who experience domestic abuse.

Telephone: 07800 003 421 Email:  [email protected] Website:  www.signhealth.org.uk/with-deaf-people/domestic-abuse/

Sikh Women’s Aid

Sikh Women’s Aid is a charity run by and for women from the Sikh and Punjabi community, tackling violence against women and girls. It offers advice and support to victims of domestic abuse, honour-based violence, forced marriage, rape or sexual assault.

Address: C/O XI Associates Ltd, Hazara House, 502-504 Dudley Road, Wolverhampton, WV2 3AA

Telephone: 0333 090 1220

Email: [email protected]

Website: https://www.sikhwomensaid.org.uk/

Sistah Space

Sistah Space is a community-based service working with African-heritage women and girls who have experienced domestic or sexual abuse or who have been bereaved by domestic abuse.

Address: 18-22 Ashwin Street, Dalston, London, E8 3DL

Telephone: 0207 846 8350

Email: [email protected]

Website: https://www.sistahspace.org/

Southall Black Sisters

Southall Black Sisters provide a range of advice and support services to enable black and minority women to gain the knowledge and confidence they need to assert their human rights. They provide general and specialist advice on gender-related issues such as domestic violence and abuse, sexual violence, forced marriage, honour killings and their intersection with the criminal justice, immigration and asylum systems, health, welfare rights, homelessness and poverty.

Address: Southall Black Sisters, 21 Avenue Road, Southall, Middlesex, UB1 3BL Telephone:: 0208 571 9595 Website:  http://www.southallblacksisters.org.uk/

Stay Safe East

Stay Safe East works to tackle violence and abuse against disabled and deaf individuals including: domestic violence and abuse by partners, family members, or by paid or unpaid carers, disability and other hate crime, bullying, anti-social behaviour and harassment, sexual violence, economic abuse and human rights abuses in residential care or supported housing.

Address: Waltham Forest Resource Hub (South), 90 Crownfield Road, London, E15 2BG Telephone: 07865 340 122 Email for referrals or self-referral:  [email protected] Email for Enquiries:  [email protected] Website:  http://www.staysafe-east.org.uk/

Stonewall works to achieve equality and justice for lesbians, gay men and bisexual people.

Address: 192 St. John Street, London, EC1V 4JY Info Line: 0800 050 20 20 Office (admin): 020 7593 1850 Email:  [email protected] Website:  http://www.stonewall.org.uk/

Stonewall Housing

Stonewall Housing works to ensure lesbian, gay, bisexual and trans people live in safer homes, free from fear.

Address: 8 Coppergate House, 10 Whites Row, London, E1 7NF Telephone: 0207 359 5767 Email:  [email protected] Website:  www.stonewallhousing.org

Surviving Economic Abuse

Surviving Economic Abuse run the Financial Support Line for Victims of Domestic Abuse in partnership with Money Advice Plus. It offers specialist advice to anyone experiences domestic abuse who is in financial difficult.

Telephone: 0808 1968845

Website: https://survivingeconomicabuse.org/financial-support-line/

SurvivorsUK

SurvivorsUK provide a national online helpline, individual and group counselling for boys, men and non-binary people aged 13+ who have experienced sexual violence at any time in their lives.

Telephone: 020 3598 3898

Email: [email protected]

Website: https://www.survivorsuk.org/

Suzy Lamplugh Trust

The Suzy Lamplugh Trust provides guidance and information to anybody who is currently or has previously been affected by harassment or stalking.

Helpline: 0808 802 0300 Email: [email protected] Website: www.suzylamplugh.org

Victim Support

Victim Support is the independent national charity that helps people to cope with the effects of crime. It provides free and confidential support and information to help victims deal with their experiences.

Victim Support line: 0808 1689 111 Website:  https://www.victimsupport.org.uk/

Welsh Women's Aid

Welsh Women's Aid is the national umbrella organisation representing local Women's Aid Groups situated throughout Wales. Member groups provide direct services for women and children who have experienced or are experiencing domestic abuse.

Address: Welsh Womens Aid, Pendragon House, Caxton Place, Pentwyn, Cardiff, CF23 8XE Telephone: 02920 541 551 Wales Domestic Abuse Helpline: 0808 801 0800 Website:  www.welshwomensaid.org

White Ribbon UK

White Ribbon UK is a charity engaging with men and boys to end violence against women. The foundation of the message is the White Ribbon Promise to never use, excuse or remain silent about men’s violence against women.

Address: White Ribbon UK, The Town Hall, St George's St, Hebden Bridge HX7 7BY

Telephone: 01422 417327

Website: https://www.whiteribbon.org.uk/

Women's Aid

Women's Aid is a key national charity working in England to end domestic violence of women and children. It supports a network of over 300 domestic and sexual violence services across the UK.

Address: PO Box 3245, Bristol, BS2 2EH. National Domestic Violence Helpline: 0808 2000 247 Email:  [email protected][email protected]   Website:  http://www.womensaid.org.uk/

Youth Access

Youth Access is the largest provider of young people's advice and counselling services in the UK.

Address: Youth Access, 1-2 Taylors Yard, 67 Alderbrook Road, London, SW12 8AD Telephone: 020 8772 9900 (from 9.30 to 1, and 2 to 5.30) Email:  [email protected]   Website:  http://www.youthaccess.org.uk/

The Code for Crown Prosecutors

The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.

Continue reading

Prosecution guidance

This guidance assists our prosecutors when they are making decisions about cases. It is regularly updated to reflect changes in law and practice.

Further reading

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Dyn 80 oed wedi’i ddedfrydu am lofruddio ei wraig mewn digwyddiad domestig trasig

80-year-old man sentenced for murdering wife in tragic domestic incident, llofuddiwr cam-drin domestig yn cael ei ddedfrydu i garchar am oes, domestic abuse murderer sentenced to life imprisonment, cps north east - domestic abuse prosecutions - december 2023, chorley man jailed for murdering partner, national police chiefs’ council, crown prosecution service and college of policing commit to transforming investigation and prosecution of domestic abuse, carlisle man jailed for attempted murder., cps north east - domestic abuse prosecutions - october 2023, related publications, cps data summary quarter 2 2023-2024, cps data summary quarter 1 2023-2024, cps data summary quarter 4 2022-2023, cps data summary quarter 3 2022-2023, cps data summary quarter 2 2022-2023, domestic abuse: policy statement, cps data summary quarter 1 2022-2023, cps data summary quarter 3 2021-2022, cps data summary quarter 2 2021-2022, related prosecution guidance, controlling or coercive behaviour in an intimate or family relationship, non-fatal strangulation or non-fatal suffocation, child abuse (non-sexual), stalking or harassment, violence against women and girls guidance, non accidental head injury cases (nahi, formerly referred to as shaken baby syndrome [sbs]) - prosecution approach, so-called honour-based abuse and forced marriage: guidance on identifying and flagging cases.

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UK urged to end ‘national threat’ of violence against women and girls

The Houses of Parliament in London, United Kingdom.

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The United Kingdom must take action to end all forms of violence against women and girls, having labelled it a “national threat”, a UN independent human rights expert on the issue said on Wednesday.  

Concluding a 10-day visit to the country, Special Rapporteur Reem Alsalem noted that a woman is killed by a man every three days in the UK, and one in four women there will experience some form of domestic violence in her lifetime.

“ Entrenched patriarchy at almost every level of society , combined with a rise in misogyny that permeates the physical and online world, is denying thousands of women and girls across the UK the right to live in safety, free from fear and violence,” she said in a statement summarizing her preliminary findings and observations.

Leadership and inspiration 

Ms. Alsalem acknowledged the robust legal framework for promoting gender equality , including the Equality Act 2010 and other legislation that applies across the UK, noting that this framework is complemented by important legislation and policies in the devolved regions, referring to Scotland, Wales and Northern Ireland.

UN_SPExperts

She said the UK has been a leader in strengthening its legal framework to address current and emerging forms of violence against women and girls, including coercive control, digitally facilitated violence and stalking, as well as improving access to justice.

“Many countries will look to the UK for inspiration, as well as examples of innovation and good practice on how to make life safer for women and girls, and accountability for crimes committed against them,” she added.

Translate policy into action 

However, the Special Rapporteur noted that a number of realities undermine the UK’s ability to realise the full potential of its legislation and policies on violence against women.

They include the dilution of the link between these policies and the UK’s international human rights obligations ; a general critical discourse and positioning on human rights, particularly in relation to migrants, asylum seekers and refugees; and the fragmentation of policies on male violence against women and girls across devolved and non-devolved areas.

“ The UK can do more to translate its political recognition of the scale of violence against women and girls into action ,” she said, before offering several recommendations, such as bringing together all legislative and programmatic strands of intervention on the issue, upgrading and formalising responsibility for discrimination and violence against women and girls in government, and anchoring it in human rights commitments. 

Grassroots groups struggling 

Ms. Alsalem expressed concern about how grassroots organisations and specialised frontline service providers working with women and girls are struggling to meet the needs of the most vulnerable, both foreign and national, who fall through the cracks and are not covered by statutory service providers. 

These groups “are struggling to survive in an increasingly challenging context of rising living costs, a deepening housing crisis and a critical lack of funding ,” she said.

“The situation of NGOs working on gender equality and violence against women and girls has reached a crisis point and is simply untenable,” she added, urging the UK authorities to restore predictable and adequate funding to frontline organisations. 

Ms. Alsalem, the UN Special Rapporteur on violence against women and girls, was appointed by the UN Human Rights Council in Geneva. 

Independent experts who receive mandates from the Council are not UN staff and are not paid for their work. 

  • United Kingdom
  • violence against women and girls

Mothers whose daughters were killed by past or current partners demand sentencing change

  • Domestic Violence
  • Knife Crime
  • Thursday 22 February 2024 at 11:43am

Julie Etchingham

Presenter, ITV News at Ten

domestic violence cases uk 2021

The mothers of three young women who were all killed by past or current partners are demanding a change in the sentencing rules for fatal domestic attacks. ITV News Presenter Julie Etchingham reports

Every now and then, an appalling act of male violence against a woman hits the headlines.

Sarah Everard, Sabina Nessa, Julia James, Zara Aleena.

Women murdered by strangers in unprovoked attacks. They shatter families, make us all shudder and occasionally they prompt politicians to act.

But statistically such attacks, mercifully, are relatively rare.

Extreme male violence against women is much more likely to happen in the place they should feel safest: their own homes. And the perpetrators are likely to be a current or former partner.

Every week - stop and think about this - every single week, two women in England and Wales are killed in these circumstances.

It’s a statistic which shames Britain - and which has become so shockingly routine, it rarely makes the news.

And here is another fact which may shock you - which you might not be aware of.

Under current guidelines if a woman is stabbed to death with a knife in her own home, the starting point for sentencing is 10 years lower than if the same woman is stabbed to death in the street, with a weapon brought to the scene with intent.

The law does not technically differentiate between locations of killings - if a person brought a weapon to the victim’s home and then committed murder in the kitchen, the 25-year starting point would apply.

The disparity in the law has prompted a growing campaign for change, and on which the government has been running a public consultation which closes on March 4.

As the clock ticks down to that date - now just days away - I’ve been investigating the issue for the Tonight programme.

It’s more complex than you might think.

But the stories of the families who’ve lost beloved daughters to domestic homicide are some of the most harrowing I have ever heard. We’ve also spoken to a brave woman who survived the most appalling knife attack by her partner, and we have had rare access to a refuge - which provides emergency shelter for those in mortal danger in their own homes.

I meet three mothers united in the worst possible circumstances. As we gather in a kitchen around cups of tea, Elaine Newborough, Julie Devey and Carole Gould tell me about their beautiful young daughters: Megan, Poppy and Ellie. Daughters with everything to live for, until each was murdered by their partners or ex-partners in the most savage knife attacks imaginable. Ellie was just 17.

All thought their grief and trauma could not get any worse.

Until they heard the sentences given to the men.

Poppy’s killer got 16 years. She had been stabbed repeatedly in her head and body, in her bed. A hundred injuries. She couldn’t cry out for help because he cut her throat.

Ellie’s killer got 12 and a half years, because he too was 17. He had left the knife in her neck to try to claim she’d killed herself.

Megan’s killer got 23 years: his sentence extended by the judge because of so many disturbing aggravating factors. He had almost decapitated her, and drove her body away from the house to dump it.

If the sentencing rules were changed, the minimum would be 25 years for adults.

So why is there such a disparity in sentencing?

It hinges largely on a change made by the Labour government in 2010. Just like now - there was a public outcry over knife crime, in particular in the wake of the murder of 16-year-old Ben Kinsella, stabbed to death in the street by three men.

It led to a decision to raise the sentencing level for murder with a knife taken to a scene with intent - to a minimum tariff of 25 years.

It made such murders in effect 'special cases' - along with gun crime and terrorism.

Julie Etchingham  is joined by ITV's Tonight programme producer, Anna Manton and the Chair of charity Refuge, Hetti Barkworth-Nanton to talk about domestic violence murderers get shorter sentences

So called ‘domestic’ murders - where the weapon, usually a kitchen knife, is already in the home - remained at the minimum tariff of 15 years.

But campaigners - not least the three mothers of Poppy, Carole and Ellie - say that means their daughters’ murders are not treated with equal gravity.

Their pressure prompted the government to act.

It commissioned a review of domestic homicide by leading barrister Clare Wade KC, which was published last year. Some of the recommendations she made have already been taken up by the government which are already leading to longer sentencing.

But crucially - and controversially - Clare Wade did not recommend raising the minimum tariff for domestic homicide from 15 years to 25.

As I said - there are complexities in this issue.

What about the cases - admittedly very small in number - where a woman who has suffered long term abuse by her partner, grabs a knife from the kitchen drawer and kills him?

She would then potentially be subject to a minimum tariff of the 25 years too. Clare Wade and others - not least Harriet Wistrich, founder of the Centre for Women’s Justice - say this uprate in the minimum sentencing could in fact be detrimental to some women.

Others, like the chair of Refuge, Hetti Barkworth-Nanton, says this potential anomaly could, however, easily be addressed by the legal system to offer protection to such women.

There are other complexities too which make this a far less straightforward change that one might imagine.

But for the mothers of Poppy, Ellie and Megan it is a simple question of fairness and equality before the law - a recognition that their daughters’ murders are as grave as if they had happened in the street at the hands of a stranger.

There is a window of opportunity for everyone to have their say… and it closes in ten days’ time.

In that time it is likely, statistically, that two more women will have lost their lives in a vicious domestic attack.

A Ministry of Justice spokesperson said: "Our thoughts remain with the families of all those murdered in horrendous circumstances by partners or ex-partners.

“The government has taken decisive action to ensure domestic killers are locked up for longer. We’re making killing at the end of a relationship, using excessive violence and coercive or controlling behaviour statutory aggravating factors for murder, and for manslaughter involving sexual conduct.

“This is a complex area of the law and changes must be carefully considered. This is why we are consulting on sentencing starting points."

Watch Tonight ‘Murdered at Home’ on Thursday evening 8.30pm on ITV1 and ITVX.

Domestic Abuse helplines

Fortalice is a Refuge for women and their children escaping domestic abuse.

Their 24 hour advice line for Bolton is 01204 365677, or you can call them on 01204 701846.

Refuge supports more than 6,000 clients on any one day, helping them rebuild their lives and overcome many different forms of violence and abuse - including domestic violence, sexual violence, so-called ‘honour’-based violence, human trafficking and modern slavery, and female genital mutilation

If you, or someone you care about, is experiencing domestic abuse, you can phone The National Domestic Abuse Helpline on 0808 2000 247.

Women's Aid

Women’s Aid is the national charity working to end domestic abuse against women and children. They have been at the forefront of shaping and coordinating responses to domestic violence and abuse through practice for over 45 years.

You can send an email to a Women’s Aid domestic abuse support worker.

Or you can use their online live chat .

Men's Advice Line

Men’s Advice Line is a team of friendly Advisors who will listen and believe you. Its focus is to increase the safety of men experiencing domestic abuse, and the safety of any children, by providing confidential support.

You can call on 0808 8010 327 for non-judgemental information and support.

Lines are open Monday and Wednesday, 9am to 8pm, and Tuesday, Thursday and Friday, 9am to 5pm

The Mankind Initiative is the principal, expert and specialist charity in the UK focussing on male victims of domestic abuse. The charity collaborates and works in close partnership with other organisations and practitioners to support these victims too. It was the first in Great Britain to support male victims.

You can call ManKind on 01823 334 244 (Monday to Friday, 10am to 4pm)

Merseyside Domestic Violence Service

Merseyside Domestic Violence Services (MDVS) formally known as Chrysalis is a registered charity working with women, men, children, young people and families whose lives have been affected in some way by the issues related to domestic violence and cultural/honour based crime.

For assistance call or text 07802 722703, or email [email protected]

Have you heard our new podcast Talking Politics? Every week Tom, Robert and Anushka dig into the biggest issues dominating the political agenda…

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A protest by Refuge outside New Scotland Yard, October 2021.

The law is failing domestic abuse victims in England and Wales. But we can change it

Yvette Cooper

The six-month limit on reporting assaults too often allows the perpetrators to escape justice

I magine gathering the strength and courage to report an incident of domestic abuse to the police, only to be told that it is too late for them to take any action – you have been timed out, there’s nothing they can do. This is what is happening to thousands of domestic abuse victims every year when they discover that a six-month time limit applies to their case. The law isn’t working, and it is part of a wider failure of the criminal justice system to properly recognise or tackle violence against women and girls. A crucial vote in parliament on Monday provides the opportunity to change the law – now we need the government to show its support.

Figures show that, over the past five years, police in England and Wales dropped close to 13,000 domestic abuse cases because they ran out of time, as a result of a six-month limit on prosecuting common assault cases in magistrates courts. The full figures are likely to be much higher – and the problem is getting worse, with more victims being timed out every year.

The ostensible purpose of the time limit is to keep the justice system moving for lower-level offences in the magistrates courts that don’t pass the threshold for crown court. Charges have to be laid within six months of the offence so that cases can be decided quickly and everyone can move on. But while that might make sense for a fight in a pub, or an assault by a stranger in the street, it simply doesn’t work for domestic abuse.

There are countless reasons why victims of domestic abuse may take time to report assaults to the police. The abuse may be continuing; leaving may be emotionally hard or fraught with physical danger; victims may feel ashamed; they may have nowhere to go or no money with which to leave; there may be children who need time and support to resettle. Victims have to muster a huge amount of courage to go to the police. For them to then be told nothing will happen can leave them feeling more vulnerable than ever, while their abuser is emboldened.

While it is true that the most serious cases can still be prosecuted as actual bodily harm through a crown court, where there is no time limit, or through the more recent law on coercive control, vast numbers of domestic abuse cases every year are ruled to not meet that higher threshold. Police officers have told me of their frustration trying to secure an actual bodily harm prosecution against a violent perpetrator, only to be told by the Crown Prosecution Service that it should be downgraded to common assault instead. But too often by that time it is too late, and the perpetrator walks free.

The consequence is that, once again, the criminal justice system is failing to recognise the reality of violence against women and girls. Laws and procedures designed to tackle other kinds of assault just don’t work for domestic abuse, but there has been a blindness to the experiences of abuse victims that has seen the problem continue for far too long.

Earlier this year, I proposed an amendment to change the existing law, removing the six-month limit for domestic abuse cases to give victims more time to come forward. On Monday, the former victims commissioner, Baroness Newlove, will take the amendment forward in the House of Lords. In advance of the debate, and together with violence against women experts, we have written to the home secretary asking her to accept our amendment. It has support from the domestic abuse commissioner, senior police officers, Refuge, Women’s Aid and the Centre for Women’s Justice. Rightly, the government has promised stronger action to tackle violence against women and girls – Monday will be an opportunity to put this promise into action.

This law change could make the difference in getting thousands of survivors and victims of abuse across the country each year the justice and the protection they need. Too many have been let down – such as the incredible campaigner Erica Osakwe, who spoke out about her own experience to try to get the law changed, or the brave woman in my constituency who reported appalling abuse to the police, only to be told the investigation had run out of time and there was nothing more she could do. Victims have shown huge strength in coming forward, only to find their chance of justice stolen by the time limit, giving the perpetrator the chance to abuse once more. It’s time to change the law. On Monday, we must not let survivors and victims down again.

Yvette Cooper is the Labour MP for Normanton, Pontefract and Castleford

In the UK, call the national domestic abuse helpline on 0808 2000 247, or visit Women’s Aid

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Delivery of support in domestic abuse safe accommodation: annual progress report 2022-23

An overview of outcomes across England of the second year’s delivery of the provision of support for victims of domestic abuse and their children in safe accommodation duties.​

Applies to England

Annual progress report from the domestic abuse safe accommodation national expert steering group 2022 to 2023.

The Domestic Abuse Safe Accommodation National Expert Steering Group (NESG) was set up to monitor the delivery of the Part 4 duties within the Domestic Abuse Act 2021.

The NESG supports the Minister for Housing and Homelessness through the provision of expert advice, sharing of evidence, data and best practice to ensure that local authorities receive the right level of guidance and support to deliver their duties. 

​This annual report sets out the progress made in the delivery of the statutory duty between April 2022 and March 2023.​

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'Home Alone' actor Devin Ratray gets probation in Oklahoma domestic assault case

domestic violence cases uk 2021

"Home Alone" actor Devin Ratray was put on probation Wednesday for strangling and punching his girlfriend at an Oklahoma City hotel in 2021.

Ratray, 47, pleaded guilty by video to a felony count of domestic assault and battery by strangulation and a misdemeanor count of domestic assault and battery.

Under a plea deal, he was put on probation for three years on the felony and one year on the misdemeanor.

The plea came a month after his jury trial in Oklahoma County District Court was called off because he had been hospitalized for heart issues in New York .

Ratray, now 49, is best known for "Home Alone," a beloved 1990 Christmas movie about a boy named Kevin McCallister who was left at his house by himself for days by mistake. Ratray was also in the 1992 sequel, "Home Alone 2: Lost in New York."

Who is Devin Ratray?

He played Kevin's mean older brother, Buzz. His latest movie was "Kimi," released in 2022 on HBO Max. He had been in Oklahoma City for a convention.

In paperwork for his guilty plea, he admitted he choked his then-girlfriend on Dec. 9, 2021. He admitted he had punched her "after a short break" when they got into another argument. They were staying at the Hyatt Place in Oklahoma City's Bricktown.

The victim, Jessica Rogers, gave police a different account, saying he strangled her with one hand during the argument and kept the other over her mouth. She told police he stopped when she bit his hand and then he punched her.

"While strangling the victim, defendant stated the following: 'This is how you die,'" an Oklahoma City police detective reported in a court affidavit.

More: 'Home Alone' actor Devin Ratray involved in domestic incident at Bricktown hotel, TMZ reports

Rogers lives in Canada and did not attend the sentencing Wednesday. A prosecutor read an emailed statement from her in court after Ratray pleaded guilty.

"I am relieved that this chapter in my life is coming to an end but the scars and trauma will never fully heal," she wrote in the email. "No one should have to endure the fear and and pain that I've experienced at the hands of someone they once cared for.

"I want to make it clear that even one incident of domestic abuse is one too many. No one should ever have to endure the physical and emotional abuse that I went through. I hope that by speaking out and sharing my story, I can encourage others to seek help and speak out against domestic violence.

"I want to send a message that abusers will face consequences for their actions and that victims deserve to be heard and believed."

'Home Alone' actor Devin Ratray pleads in Oklahoma City via video due to health concerns

District Judge Kathryn Savage allowed Ratray to plead by video after she was told his cardiologist recommended he not travel. Ratray lives in New York City, according to his plea paperwork.

Ratray has had significant health issues for months, his defense attorney, Scott Adams, told the judge.

Probation is not unusual in a domestic assault case for a first offense, particularly when the case has issues. Adams had said at the preliminary hearing that the former girlfriend had not told the first police officer about any strangulation.

The type of probation is known as a deferred sentence. It means Ratray will not have a criminal conviction if he completes the conditions of his probation successfully.

Those conditions include participation in a batterers intervention program and a drug and alcohol assessment. He already has completed one condition, anger management training.

He was ordered to have no contact with the victim. He will have to pay hundreds of dollars in fees and other costs.

What was 'Home Alone' actor Devin Ratray in Oklahoma City?

Ratray was in Oklahoma City for the "Oklahoma Pop Christmas Con," according to the court affidavit. He became angry with his girlfriend after she gave away "autograph cards" to two women at a bar for free.

Ratray had consumed a bottle of wine and several shots of alcohol at Mickey Mantle's Steakhouse, according to the affidavit. He then had 10 shots of alcohol at the Coyote Ugly Saloon.

At a preliminary hearing in 2022, Rogers testified she thought was going to die after they got back to their hotel room.

She said Ratray had agreed to do the event in Oklahoma City because he was being evicted from his apartment in New York and needed money. He had been charging $25 for signed photos.

"Devin ... doesn't want to be known for something he did 30 years ago," she testified, according to a transcript. "It was (a) point of contention for him his whole life.

"And it's something that I dealt with a lot when we were dating and that's why he'd never done these cons before because he didn't want to promote that he was in 'Home Alone.'

"He was annoyed to be there and be seen as 'Buzz' anyway," she said.

Ratray did face eviction for a time in 2021, court records in New York show. He faced eviction again last year from the same apartment. His landlord reported in August he owed $20,790 in unpaid rent. He agreed in the eviction case to turn in his keys by Oct. 31.

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  3. How many violent attacks and sexual assaults on women are there?

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  5. Domestic violence killings reach five-year high

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  6. Major review of police response to domestic violence

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COMMENTS

  1. Domestic abuse in England and Wales overview: November 2021

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  2. How many violent attacks and sexual assaults on women are there?

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  3. Huge rise in domestic abuse cases being dropped in England and Wales

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  5. Domestic abuse in England and Wales overview: November 2021

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  6. Epidemic of violence against women under way in England and Wales

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  7. Three in four domestic abuse cases end without charge in England and

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  8. Domestic abuse and Covid-19: A year into the pandemic

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  9. Domestic Abuse Act 2021: overarching factsheet

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  10. Domestic abuse

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  12. Domestic Abuse Statistics UK • NCDV

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  13. Domestic abusers face crackdown in raft of new measures

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  15. Criminal justice responses to domestic violence and abuse in England

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  16. Domestic abuse prevalence and trends, England and Wales

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  17. Domestic Abuse

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  21. No time to lose as UK declares violence against women a "national

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  22. UK urged to end 'national threat' of violence against women and girls

    Concluding a 10-day visit to the country, Special Rapporteur Reem Alsalem noted that a woman is killed by a man every three days in the UK, and one in four women there will experience some form of domestic violence in her lifetime. "Entrenched patriarchy at almost every level of society, combined with a rise in misogyny that permeates the physical and online world, is denying thousands of ...

  23. Mothers whose daughters were killed by past or current partners ...

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  25. "Home Alone" Star Devin Ratray Pleads Guilty to Domestic Violence

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  27. 'Home Alone' actor Devin Ratray gets probation in Oklahoma domestic

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