Domestic abuse prosecutions without the victim’s support

Evidence-led domestic abuse cases

HM Crown Prosecution Service Inspectorate (‘HMCPSI’) and HM Inspectorate of Constabulary and Fire & Rescue Services (‘HMICFRS’) have published a joint report on ‘evidence-led’ domestic abuse cases (i.e. where the victim of domestic abuse decides not to support a prosecution) finding that the handling of such prosecutions requires improvement.

OK I realise that this is strictly a criminal law rather than family law matter but it is clearly of importance in the fight against domestic abuse. Unfortunately very often a victim of abuse will choose not to pursue a complaint against their abuser perhaps fearing that to do so would only result in them being the target of further abuse. Obviously in such cases a perpetrator of abuse will get away with their crime and perhaps therefore be encouraged to offend again if they are not prosecuted.

In preparing the report inspectors looked at 160 magistrates’ courts’ domestic abuse files finalised between June and November 2018 selected from four CPS areas and respective police forces. Inspectors also spoke to a number of stakeholders including...

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