Domestic Violence, Crime and Victims Act 2004: A Practitioner's Guide

The Domestic Violence, Crime and Victims Act 2004 made significant changes to the way in which instances of domestic violence are dealt with by the courts, together with measures to improve the treatment of victims and witnesses of domestic crime. The Act made many changes to the existing legal framework, including: • breaches of a non-molestation order became a criminal offence and same-sex couples are included within definition of 'cohabitants' • a new offence of causing or allowing to cause the death of a child was introduced • multi-agency domestic homicide reviews have been established following the death of a person resulting from violence or neglect by a relative or within an intimate personal relationship • common assault has become an arrestable offence • the Protection from Harassment Act 1997 has been amended to enable courts to extend the availability of restraining orders on conviction or acquittal in order to protect the victims • changes to powers following a finding of insanity or unfitness to plead • measures to allow non-jury trials in the Crown Court where the instances of offending conduct are too numerous to be dealt with at a single trial • changes to intermittent custody • the Home Secretary is required to issue a code of practice for victims and witnesses of crime to be followed by those who have functions relating to victims or the criminal justice system as a whole • a Commissioner for Victims and Witnesses has been created This work is essential reading for all family and criminal lawyers, as well as practitioners within the criminal and family justice systems. In addition to the detailed commentary, the full text of the Act is included.