MORE PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE? (THE DOMESTIC VIOLENCE, CRIME AND VICTIMS ACT 2004)

Abstract

In 2004, the government introduced the Domestic Violence, Crime and Victims Act (DVCVA). Baroness Scotland, in opening the Bill’s second reading in the House of Lords, said: “The Bill represents the most radical overhaul of domestic violence legislation in 30 years. It reflects the fact that domestic violence is unacceptable, that victims must be protected and offenders punished.”In broad terms, protection for victims is provided by introducing amendments to existing civil and criminal offences including extending police powers in making, both common assault and a breach of a non-molestation order, arrestable offences (section 10 and section 1); offering protection to a wider range of persons by including same-sex couples in the meaning of “cohabitants" (by amending Part 4 Family Law Act (FLA) 1996); including in the definition of “associated persons” same-sex couples (by amending Part 4 FLA), and perhaps of the greatest significance creating an entirely new homicide offence of “causing or allowing the death of a child or vulnerable adult” (section 5). There are several provisions intended to empower victims of domestic violence by allowing them a greater participation in the justice process, including the right to make representation in court (sections 35-46) and by providing additional support in the form of a Victim’s Code, although the remit of this code of practice is still yet to be determined (section 32). Finally, there is also a provision, which establishes independent investigations of domestic homicides termed “domestic homicide reviews” (section 9). This commentary considers to what extent the new legislation will assist in the protection of victims of domestic violence.