Domestic Abuse: Prosecutions

Attorney General written question – answered on 20th July 2021.

Alert me about debates like this

Photo of The Bishop of Gloucester The Bishop of Gloucester Bishop

To ask Her Majesty's Government what assessment they have made of the need for improvements in the implementation of the public interest test in decisions about whether to prosecute in cases involving a suspect who may also be a survivor of domestic abuse.

Photo of Lord Stewart of Dirleton Lord Stewart of Dirleton The Advocate-General for Scotland

All decisions to prosecute are made in accordance with the Code for Crown Prosecutors, and a case must meet the evidential and public interest stages of the Full Code Test.

We recognise that suspects may also be victims of domestic abuse. Accordingly, the Code acknowledges that suspects may have a lower level of culpability if they are compelled, coerced, or are victims of crime. The sixth edition of Charging (The Director's Guidance) published in December 2020 reinforces that in such circumstances it may be appropriate to offer an of court disposal or not to proceed with a case.

The CPS also has bespoke guidance illustrating how bespoke conditional cautions can support offenders in appropriate cases.

Does this answer the above question?

Yes1 person thinks so

No0 people think not

Would you like to ask a question like this yourself? Use our Freedom of Information site.