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A new Domestic Abuse Listing Scheme aims to reduce delays in domestic abuse proceedings and provide greater clarity for victims through early case preparation and robust judicial case management.
Guidance published by the Judiciary of England and Wales sets out how the scheme will operate, highlighting the importance of collaboration between organisations across the Criminal Justice System to its success.
The scheme will apply to suitable domestic abuse cases involving a single defendant. Eligibility requirements will differ depending on the court hearing the case.
In magistrates' courts, defendants may be either on bail or in custody, with no specified limit on the anticipated trial length. For Crown Court cases, defendants must be on bail and the expected trial length must not exceed three days, excluding jury retirement.
Offences that may be eligible include violence, controlling or coercive behaviour, breaches of protective orders, harassment and stalking, public order offences, criminal damage, specified financial and other domestic abuse-related offending, and certain forms of image-based abuse.
Sexual offences and cases involving multiple defendants will be excluded. The guidance also states that cases may be added to or removed from the scheme, with eligibility subject to ongoing review throughout proceedings.
Early identification of suitable cases will be central to the initiative. Police and the Crown Prosecution Service (CPS) will therefore have an important role in ensuring cases are accurately identified and marked during the early stages of charging and legal representation.
Once a case has been accepted into the scheme, the first magistrates' court hearing should address case management issues, with trials targeted for listing within eight to 12 weeks of that hearing.
In the Crown Court, a Plea and Trial Preparation Hearing (PTPH) should take place within four weeks of the case being sent to the court. At this hearing, the court should identify relevant issues, allocate the appropriate Priority Tier, determine whether the trial should have a fixed or flexible date, and consider whether judicial continuity, early reservation or a pre-trial review would assist in managing the case.
The CPS must serve the indictment and the balance of its case seven days before the PTPH. Crown Court trials should then be concluded within 12 to 14 weeks of the hearing.
The guidance also emphasises that victim safety is “fundamental” to the scheme and must remain a priority throughout proceedings.
A defendant's bail or custody status, any applicable bail conditions and other protective measures must be considered at every relevant stage. Police and the CPS should also ensure victims are kept informed, monitor their engagement with proceedings and identify any support requirements, including access to specialist services.
Victim personal statements should be voluntary and handled sensitively and responsively, the guidance adds.
