Domestic Violence: Court Orders

Attorney General written question – answered on 27th November 2018.

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Photo of Robert Halfon Robert Halfon Chair, Education Committee, Chair, Education Committee

To ask the Attorney General, whether he has had any discussions with the CPS on introducing tighter restrictions on the circumstances in which a restraining order may be varied to prevent the situation whereby a perpetrator of domestic abuse is granted a variation that permits them to work within a one mile radius from their victim.

Photo of Robert Buckland Robert Buckland The Solicitor-General

The Attorney General and Solicitor General meet the director of Public Prosecutions regularly to discuss CPS priority areas which includes ensuring that the CPS continues to protect vulnerable victims of crime. However, the Law Officers do not intervene on individual cases; judges have discretion to make decisions based on the evidence before them.

Section 12 of the Domestic Violence, Crime and Victims Act 2004 enables courts to make restraining orders at the conclusion of a case. These are civil orders; however, breach of an order is a criminal offence. The Crown Prosecution Service takes domestic abuse seriously and in 2017 in England and Wales 19,216 restraining orders were issued on conviction and 1,932 were issued on acquittal. The Government sees the response to domestic abuse as a top priority and is committed to securing justice for all victims.

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