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16 March 2007 / Jane Mcculloch
Issue: 7264 / Categories: Features , Mediation , Family
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Crime and punishment

Protecting victims of domestic violence takes priority over punishing offenders, says Jane McCulloch

The Domestic Violence, Crime and Victims Act 2004 (DVCVA 2004), ss 1 and 12, which are intended to make it easier to prosecute violent partners, will be implemented on 1 July 2007.

DVCVA 2004, s 1 inserts a new s 42A into the Pt IV of the Family Law Act 1996, creating a new criminal offence of breaching a non-molestation order. A person will only be guilty of an offence under this section if he was aware of the existence of the order at the time of the conduct complained of. The same conduct cannot be dealt with both as contempt of court in the civil court and a criminal offence under this provision.

A person guilty of an offence under this new section is liable, on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both; on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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