Domestic Abuse Cases: Evidence, Disclosure & Practical Challenges

Introduction

Over the last 20 years, society’s approach to domestic abuse cases has changed drastically. The Crown Prosecution Service has a specific policy for Violence Against Women and Girls (VAWG) from 2025-2030 which speaks about the overlapping nature of offences. Parliament’s focus on such matters is evident from the passing of the Domestic Abuse Act 2021, along with a range of other offences, such as controlling and coercive behaviour, voyeurism, stalking and harassment, strangling and suffocation and image-based offending.

Prosecuting or defending in such cases always presents a unique challenge - will the witnesses turn up, what will they say, what if they do not say what we expect them to? And do we need any witnesses at all? The Court of Appeal has recently said in relation to domestic abuse cases that the public interest may demand the admission of res gestae evidence.

In addition to evidential issues, this virtual classroom session will also look at ancillary issues such as the new definition of ‘domestic abuse’, witness summonses, Sentencing Guidelines, restraining orders on acquittal and stalking protection orders.

What You Will Learn

This live and interactive course will cover the following:

• Hearsay evidence - admissibility of the 999 calls/body worn video and res gestae generally
• Refreshing memory, previous inconsistent statements and the hostile witness
• Restraining orders, particularly on acquittal - Court of Appeal guidance
• Sentencing guidelines in relation to domestic abuse - what do I need to be aware of?
• Digital disclosure - guidance from the Court of Appeal and beyond in relation to mobile phones and digital devices
• The not so new Domestic Abuse Act 2021
• Strangulation, suffocation and sentencing
• Controlling and coercive behaviour - what must I prove to get past half time?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.