Domestic Violence Victims ‘Put At Risk’
Sukhdeep Dhillon For Avadis & Co. Solicitors
12/11/2015
Her Majesty’s Inspectorate of Constabulary has stated it was alarmed to find that risks to vulnerable witnesses were not being properly dealt with; including incidents of racial or homophobic abuse and domestic violence. HMIC inspectors have placed police and prosecutors in the firing line for failing to understand the vulnerability and sensitive nature of domestic violence related cases. As a result, they have ordered the Crown Prosecution Service and National Police Chief’s Council to improve their preparation of case files involving vulnerable victims and witnesses.
In total, inspectors have examined a total of 460 case files from across England and Wales and have thus identified 195 cases that involved vulnerable, frightened victims and witnesses. A vast majority were recorded as being afraid or intimidated, while a fifth were victims of domestic violence. In 21% of the 195 cases, the police failed to recognise the vulnerability of a victim or witness and consequently did not put any measures in place to manage this risk through the court process.
Suggestions for special measures which can be put in place include allowing vulnerable witnesses or victims to give evidence from behind a screen in court allowing for their anonymity to be preserved.
“The nature of vulnerability, in the context of a case progressing through the criminal justice system, is not understood clearly by the police and prosecutors,” HMIC inspectors said.
“We consider that this is an opportune time to look in greater depth at the nature of vulnerability and identify what can be done to assist police and prosecutors to assess vulnerability in different contexts, and provide the support that vulnerable victims and witnesses require.”
In a further 55 cases, the CPS identified the vulnerability of the victim or witness, but failed to put in place any special measures to protect them. The majority of these cases involved victims and witnesses who were in fear of the defendant.
A CPS spokesman said: “Victims and witnesses are at the heart of everything we do. In the past two years we have set up a series of Victim Liaison Units across England and Wales to improve communications with victims and recently published the results of the first ever survey of more than 7,000 victims and witnesses. Two thirds of victims and three quarters of witnesses reported that they were satisfied or very satisfied with the service they received from the CPS.
“There is always more that can be done to improve the service that we provide. That is why we will be working with our police partners to examine the work of the joint Witness Care Units across England and Wales who manage most interactions between victims, witnesses and prosecutors during the life of the case to see what improvements can be made.”
At Avadis & Co. our specialist family law solicitors can help victims of domestic violence, whether that is sexual, verbal, psychological or physical abuse.