Domestic Violence & Abuse Cases - An Advanced Guide for Prosecutors

Introduction

Prosecuting domestic abuse cases can be demanding, wearying and frustrating. A thorough knowledge of the law of evidence and the Criminal Procedure Rules will give you the ability to deal with problems at trial, making you more confident and resilient.

This virtual classroom seminar looks at commonly encountered difficulties with trial preparation and trial advocacy, which arise because of the nature of domestic abuse cases.

The course will also look at evidence-led prosecutions - how to press on at trial with no complainant. This session assumes delegates will have a working knowledge of the frequently encountered offences.

The course is updated to include references to the Sentencing Code 2020 and Domestic Abuse Act 2021.

Where the Police, Crime, Sentencing & Courts Act 2022 or the Judicial Review & Courts Act 2022 have implemented changes to legislation, the course will include these updates where relevant to subject matter.

Now updated to include third party rights to refuse to disclose under the Police, Crime, Sentencing & Courts Act 2022, and changes to the Criminal Procedure Rules and the Criminal Practice Directions 2023.

What You Will Learn

This live and interactive session will cover the following:

• How complainants often behave during criminal cases and why
• New DAA 2021 provisions in force
• An up to date guide to hearsay - case law and CPR considerations
• Reluctant witnesses
• Special measures
• Bringing a witness up to proof
• Previous inconsistent statements
• Hostile witnesses
• Section 98 bad character attacks on the complainant
• Claims of self-defence
• The value of the defendant’s bad character, admissibility and CPR issues
• Use of the PET form/basis of plea to prove your case
• Res gestae
• The role of the s36/38 appointee
• Witnesses who refuse to testify or be cross-examined
• Absent witnesses and adjournments
• Common defence issues, with CPIA disclosure
• Basis of plea - recent useful case law
• Restraining orders on acquittal and conviction - common problems
• Derogatory mitigation
• Useful sources of material

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.