Domestic Violence - a decade of progress? By Terry Thomas

Professor of Criminal Justice Studies, Terry Thomas, runs through the developments in confronting domestic violence over the last ten years for Crimestoppers. He explains how changes in legislation and improvements in the services available to domestic violence victims are starting to tackle a crime currently responsible for 35% of all murders. [May 2010]

Over the last ten years concerted efforts have been made to improve our civil and criminal response to domestic violence. Violence in the home had often been largely overlooked in the past. A response to the crime has started to gain momentum, although Home Office figures still suggest some two women a week are killed in their own homes by spouses or partners.

Pro-arrest

In 2000 the Home Office had advised police forces to always consider arrest when called to domestic violence incidents. This was known as the ‘pro-arrest’ approach. There was no attempt to mandate the police to arrest in every case – that was always going to remain a decision for the officer at the scene.

In 2003 the White Paper, ‘Safety and Justice’, outlined the government’s way forward for dealing with domestic violence. Its main points were to concentrate on:

• Preventive work through education, awareness training, and getting information to victims.
• Tackling risk factors such as alcohol and drugs misuse.
• Supporting police pro-arrest policies by making common assault an arrestable offence (which it had not been in the past).
• Making it a criminal offence to breach a civil order such as a Non-Molestation Order (made under the Family Law Act 1996) and stronger legal protection for victims through extending the use of restraining orders.
• A register of civil orders to allow the police to check for outstanding orders against an alleged offender, so they can take immediate action to protect the victim.
• More refuge places as a result of £19m of new investment in refuge provision.

Refuges for women victims of violence had started in the 1970s and there is now a national network of refuges offering accommodation for women escaping violence.

New laws support the fight against domestic violence

The main outcome from the Safety and Justice White Paper was the Domestic Violence, Crime and Victims Act 2004. By making common assault an arrestable offence, it also supported pro-arrest policies. The Act also made an arrestable criminal offence to breach any Non-Molestation Order; previously a power of arrest had had to be added to each Order. The law changed in 2005 to give the police powers of arrest for all offences; the arrestable/non-arrestable distinction was ended, which undoubtedly aided efforts towards tackling domestic violence.

More controversially, however, the Domestic Violence, Crime and Victims Act introduced Restraining Orders that could be imposed even in cases where the defendant had been acquitted of any offence in the criminal courts; these were introduced in September 2009.

Better support and structures for domestic violence victims

Other developments have come about since, including Independent Domestic Violence Advisors (IDVAs), who support the victims of domestic violence throughout the duration of their case. They explain what the police are doing and what the court processes are, as well as the workings of the Multi Agency Risk Assessment Conferences (MARACs), that ensure a victim of domestic violence has access to all the other community based services.

Specialist Domestic Violence Courts (SDVCs) have been introduced to consider only cases of domestic violence and offer tailored support and advice from trained magistrates and prosecutors. The building itself often has separate entrances, exits and waiting areas to keep victims and defendants apart.

The 2008 Criminal Justice and Immigration Act introduced Violent Offender Orders from August 2009. These Orders can be placed on anyone with a history of convictions for violence to prohibit them from certain activities or contact with named persons.

Crimestoppers tackles domestic violence for the first time

In 2008, crime-fighting charity Crimestoppers appealed to the public for the first time to pass on information anonymously about the domestic violence of a loved one, colleague or neighbour. The preceding changes in legislation meant that third party information could now play a more prominent role in building a prosecution case around domestic violence. The charity is continuing to promote its unique service as an option for those who have information about domestic violence.

Government publications: Domestic violence

The government has continued to publish papers on violence and domestic violence. In February 2008 they produced ‘Saving Lives. Reducing Harm. Protecting the Public: an Action Plan for Tackling Violence 2008-11’ and in 2009 the consultation paper, ‘Together we can end Violence against Women and Girls’. The Home Secretary asked the Association of Chief Police Officers (ACPO) to look again at what new laws might help; ACPO  responded with its one hundred page review ‘Tackling Perpetrators of Violence against Women and Girls’ in November 2009.

A brighter future for tackling domestic violence

As we enter the second decade of the century domestic violence is now firmly on the agenda of the politicians and the criminal justice practitioners who have to deal with it on a daily basis. Given the changes in legislation and new structures becoming embedded in the domestic violence arena, the future is certainly looking more positive for tackling and preventing the crime, while crucially protecting domestic violence victims.

Author note

Terry Thomas is a Professor of Criminal Justice Studies in the School of Social Sciences at Leeds Metropolitan University. He is a former local authority social worker and is currently engaged in research in the areas of youth offending, anti-social behaviour and sexual offending. He is the author of several books and is a regular contributor to various academic journals.