November 15, 2004: More Protection for Victims of Crime

Domestic violence accounts for 16 percent of all crime (according to Crime in England and Wales 2003/4).  The Domestic Violence, Crime and Victims Bill received Royal Assent today. The Act is the biggest overhaul of domestic violence legislation for 30 years and provides new powers for the police and the courts to tackle offenders, while ensuring victims receive appropriate support. The Act also creates a new offence of causing or allowing the death of a child or vulnerable adult.

The Act will ensure more offenders pay towards supporting victims. With a statutory code of practice providing a range of rights to victims and the establishment of an independent Commissioner, the measures in the Act can be viewed in the context of the Government policy to rebalance the criminal justice system in favour of victims.

Key provisions in the Domestic Violence, Crime and Victims Act include:

• Making common assault an arrestable offence.
• Significant new police powers to deal with domestic violence including making it an arrestable, criminal offence to breach a non-molestation order, punishable by up to five years in prison.
• Strengthening the civil law on domestic violence to ensure cohabiting same-sex couples have the same access to non-molestation and occupation orders as opposite sex couples, and extending the availability of these orders to couples who have never lived together or been married.
• Stronger legal protection for victims of domestic violence by enabling courts to impose restraining orders when sentencing for any offence.
• Enabling courts to impose restraining orders on acquittal for any offence (or if a conviction has been overturned on appeal) if they consider it necessary to protect the victim from harassment. This will deal with cases where the conviction has failed but it is still clear from the evidence that the victims need protecting.
• Putting in place a system to review domestic violence homicide incidents, drawing in the key agencies, to find out what can be done to put the system right and prevent future deaths.
• Providing a code of practice, binding on all criminal justice agencies, so that all victims receive the support, protection, information and advice they need.
• Allowing victims to take their case to the Parliamentary Ombudsman if they feel the code has not been adhered to by the criminal justice agencies.
• An independent Commissioner for Victims to give victims a powerful voice at the heart of Government and to safeguard and promote the interests of victims and witnesses, encouraging the spread of good practice and reviewing the statutory code.
• Giving victims of mentally disordered offenders the same rights to information as other victims of serious violent and sexual offences.
• Giving the Criminal Injuries Compensation Authority the right to recover from offenders the money it has paid to their victims in compensation.
•  A surcharge to be payable on criminal convictions and fixed penalty notices which will contribute to the Victims Fund.
• Closing a legal loophole by creating a new offence of causing or allowing the death of a child or vulnerable adult. The offence establishes a new criminal responsibility for members of a household where they know that a child or vulnerable adult is at significant risk of serious harm.

Home Secretary David Blunkett said:

"Domestic violence is a horrendous crime which costs the lives of two women every week. Victims often suffer in silence and isolation and we are driving forward a change in culture so that everyone understands that domestic violence is never acceptable. The establishment of an independent Commissioner for Victims will give victims a powerful voice at the heart of Government. The Act will also give victims a range of rights for the first time and help to increase support for victims by making offenders pay more toward compensation."