Protection and Justice Subgroup The Legal System Protection for Victims

2. Aims To increase the understanding of the context and impact of court orders in domestic violence situations. To explore helping and hindering factors in use of court orders. To outline current orders that can be used to have a brief overview on sentencing. To increase understanding of the implications for social guardians.

3. Domestic Violence and The Justice System Orla Conway, Chair of the Protection and Justice Sub�Group

4. Current Orders Information District Judge Mc Elholm

5. Orders Relating to Sexual Offending

6.

7. Introduction Our Policy on domestic violence released 27th March 2006 Policy aims � ensure consistency, increase understanding, transparency and confidence DV is usually a pattern of behaviour likely to become more frequent and more serious the longer it continues. 1st April 08 � 31 March 09 � approx 4,104 decisions taken by PPS in cases involving DV High incidence of victim withdrawal from prosecution process: 9 times more likely to withdraw their support for prosecution in DV cases than for any other violent crime.

8. Contents of Policy Introduction What is Domestic Violence? Role of the PPS The Code for Prosecutors Is there enough evidence to prosecute? Is it in the Public interest to Prosecute? Dealing with the case at court Avoiding unnecessary delay Helping victims and witnesses give evidence Bail Sentencing Conclusion Annexes

9. What is Domestic Violence? No statutory offence of �Domestic Violence� Definition:- �Any criminal offence arising from any incident of threatening behaviour, violence or abuse (psychological, physical, verbal, sexual, financial or emotional) inflicted on one person by another where they are or have been intimate partners or family members, irrespective of gender or sexual orientation� �Family Members� defined as; mother, father, son, daughter, brother, sister and grandparents whether directly related, in laws or step family.

10. The Code for Prosecutors The Test for Prosecution:- 2 stage test The Evidential Test � The evidence which can be adduced at court is sufficient to provide a reasonable prospect of conviction. The Public Interest Test � Prosecution is required in the public interest.

11. What happens when a victim withdraws support for the prosecution or no longer wishes to give evidence? Difficult task of balancing the victims wishes against the Public Interest. Formal statement of withdrawal requested� Was original complaint true, reason for withdrawal, if any fear/intimidation, would special measures assist? Domestic Violence History report

12. Can the prosecution proceed without the victim�s evidence? Evidential Test: Did the defendant make any admissions in interview with police or any comments after caution? Are there any other witnesses who are willing to give evidence? Importance of thorough investigation by officer at scene.

13. Proceeding With the Prosecution Against the Victims Wishes Public Interest Test Must consider safety of victim, children or any other potentially vulnerable person Must consider risk assessment Liaise with police

14. What if victims evidence is required to meet the evidential test? Factors which tend to support the decision to issue a summons:- The seriousness of the offence and the victims injuries Use of a weapon Whether the attack was planned Subsequent threats by the defendant Whether the incident was witnessed by children Chances of recurrence Current state of the relationship Whether history of violence in the relationship Defendants criminal history, particularly previous violence

15. What if victim fails to attend court following issue of summons? Prosecutor must decide whether it is appropriate to apply to the court for an arrest warrant Public Interest Take into account factors which were considered when decision to issue summons was taken Having failed to respond to the summons will the victim support the prosecution case?

16. What if victim attends court but refuses to give evidence? Prosecutor must decide whether it is appropriate to have witness compelled to give evidence If witness refuses to give evidence he/she may be held by the court to be in contempt Consider application to have witness declared a �Hostile Witness� � if witness is sworn and then refuses to give evidence or deviates from previous statement

17. Sentencing Appeals / Unduly Lenient Sentences Correcting inaccurate defence assertions Fact that it is domestic is an aggravating not a mitigating factor. Victim Impact Statements Restraining orders

18. Section 13 DVCA 2004 Amends Article 7 of the Protection from Harassment (Northern Ireland) Order 1997 - inserts Article 7A into the 2004 Act. Extends the courts� powers in NI - can impose a restraining order in a much wider range of circumstances. On conviction when sentencing for any offence for the purpose of protecting a person from conduct which amounts to harassment or will cause a fear of violence. On acquittal for any offence if the court considers it necessary to protect a person from harassment.

19. Section 13 DVCA 2004 Offence if w/o reasonable excuse D does anything prohibited under the restraining order. A person guilty of such offence is liable to: (a) Conviction on indictment - imprisonment term not exceeding 5 years, or a fine/both (b) Summary conviction- imprisonment term not exceeding 6 months, or a fine not exceeding the statutory max/both.

20. Sentencing and Domestic Violence, An Overview District Judge Mc Elholm

21. Holding Perpetrators Accountable Patricia McKeever, PBNI

22. About the IDAP Programme The Integrated Domestic Abuse Programme is based on the Domestic Abuse Intervention Project developed in Duluth, Minnesota, USA, . Key components of the Integrated Domestic Abuse Programme (IDAP) are: Creating a coherent philosophical approach centralising victim safety (both women and children) Developing "best practice" policies and protocols for agencies that are part of an integrated response to domestic violence Enhancing networking among service providers Building monitoring and tracking into the system Ensuring a supportive community infrastructure for women victims of domestic abuse Providing sanctions and rehabilitation opportunities for men who are abusers Undoing the harm violence to women does to children Evaluating the co-ordinated community response from the standpoint of victim safety

23. IDAP Programme Information Who is the programme for? What are its aims and outcomes for women and children�s safety? What are its aims and expected outcomes for men attending IDAP? What does it do?

24. Key Roles in Working Towards a Co-ordinated Community Response to Domestic Abuse The Probation Board for Northern Ireland (PBNI) Programme Managers and Managers of Case Management Teams HM Prison Service Women's Safety Workers

25. Agencies and Personnel with whom the Case Management teams may need to communicate when working with IDAP cases.

26. Questions and Answers

27. Group Discussion What are the key issues in this segment that arise for you in terms of protection and justice work in your practice setting? What could the Partnership do to address these issues?