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Domestic Domestic Violence Mini-site
The Criminal Justice System
Contents
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What training on domestic violence do magistrates and judges receive?
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What is the Government doing to make the court process easier for victims?
What training on domestic violence do magistrates and judges receive?
Magistrates: The training of magistrates is the responsibility of the 42 Magistrates’ Courts Committees. Many of these provide training on Dom
Judges: Training for judges in relation to Domestic Violence is provided by the JSB on a range of courses: Civil Induction, Civil Continuation, Induction Courses for District Judges Authorised under Section 8 Children’s Act 1989, Seminar for Potential Care Judges, Nominated Care District Judges Induction and Continuation training, Induction and Continuation (Private Family Law) and is included in sentencing exercises on the Criminal Induction and Continuation.
How effective are the specialist domestic violence courts?
NB: the 5 specialist courts currently in operation are not ‘one-stop shop’ courts dealing with all DV aspects [criminal sanctions, civil protection, child contact and/or residence] such as exist in the United States. They generally consist of criminal adult magistrates’ courts operating a specialist listing procedure on one or more days a week.
There has so far been no formal evaluation of the cluster court
based at Leeds magistrates’ court. West London and Cardiff have
carried out an early evaluation of their systems.
All three courts have noted improvements such as: -
The general profile of DV is raised.
Court users appreciate that DV is seen to be taken seriously.
Where there is effective advocacy support for those going through the process, there are some indications that prosecutions increased.
Also beneficial when support groups are able to advise on civil options.
The Crown Prosecution Service together with the Department of
Constitutional Affairs have published an Evaluation
of Specialist Domestic Violence Courts/Fast Track Systems 
PDF.
The report evaluates the five domestic violence specialist court
systems.
What is the Government doing to make the court process easier for victims?
The Government aims to make the process easier for victims by providing information on the various procedures for the benefit of court users and those advising them, whether as their legal representative or in a voluntary / support capacity.
The Community Legal Service (CLS) 'Just
Ask!' Web-site provides on-line CLS leaflets (the most recent
leaflets were added last year) and an up to date CLS Directory of
legal suppliers, including solicitors, law centres and Citizens
Advice Bureaux within England and Wales. The site also provides
legal information in different languages and an Advice Search
function so that users can search for legal information and advice
from a selection of about 300 screened and approved sites. The LSC
now plans to produce a new leaflet specifically covering domestic
violence.
A Guide to Civil Remedies and Criminal Sanctions was also published
by LCD earlier this year to enable practitioners and service
providers to advice those seeking a protection order or criminal
sanctions against their abuser. The guide is available in Welsh,
Punjabi, Bengali, Urdu, Somali and Cantonese.
The Youth Justice and Criminal Evidence Act 1999 provides for special measures to be taken to protect vulnerable or intimidated witnesses. Over the last 3 years £5.3 million has been invested to provide 133 video link rooms in magistrates’ courts. In the last year, a further £4.3 million has been invested in 27 Crown Courts and 21 magistrates’ courts to provide separate witness facilities at each court.
A district judge in the county courts is always available for emergency ‘without notice’ hearings for civil injunctions.
Wherever possible the county courts will arrange for someone to visit prior to their hearing. Separate entrances and exits are used and separate waiting areas are also available in some courts. It will, however, be some time before family courts have the funding to implement the full range of special measures.
The Government is also considering the results of the Witness Satisfaction Survey 2002 as to why some victims and witnesses do not appear at court in order to bring more victims of, and witnesses to, crime to court.
Are domestic violence costs are priority for legal aid?
Domestic violence proceedings are a priority for the Lord Chancellor and the Legal Services Commission (LSC). This is reflected in the new LSC’s Funding Code Guidance which seeks to make the approach clearer and to highlight that the rules are more flexible than many practitioners have assumed in the past. As an example, the guidance now recognises that there may be a range of circumstances and reasons why victims do not want to involve the police before seeking a civil injunction.
What about those who don’t qualify for Legal Aid?
Legal Representation will be refused if the prospects of obtaining the order sought in the proceedings are poor or if the likely benefits to the client do not justify the likely costs. Although cost benefit must always be considered it is unlikely to be the sole decisive refusal ground in domestic violence proceedings. Those who do not qualify for legal aid (either by means or merits) will need to pay privately, represent themselves or find an organisation/individual willing to represent them without charge.
What training is available for police?
In recent years, the police have been making strenuous efforts to improve their response to domesticviolence. In 2002 the Central Police Training and Development Authority (Centrex) and the Association of Chief Police Officers published a new six part training pack on domestic violence. Each of it's modules covers a different aspect of police work, ranging from the initial handling of a 999 call through to dealing sensitively with victims, as well as working with the local community and other agencies to prevent violence and hold offenders to account.
Her Majesty's Inspectorate of Constabulary and Her Majesty's CPS Inspectorate have carried out a joint thematic review of the investigation and prosecution of domestic violence cases. This is due to be published shortly, giving more information on the uptake of training as well as other key issues.
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