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11 January 2007
Issue: 7255 / Categories: Legal News , Family
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Domestic violence laws should protect victims

News

Family lawyers claim new laws designed to punish perpetrators of domestic abuse may reduce the likelihood of offences being reported.
From 1 July this year, the
Domestic Violence Crime and Victims Act 2004 makes breach of a non-molestation or occupation order a criminal offence, punishable by up to five years’ imprisonment—currently it is a civil offence.
Resolution says the change may deter victims from reporting attacks or taking action if they know the perpetrator could end up with a criminal record.  
Jane McCulloch, Resolution’s vice chair, says: “We are in no way playing down the devastating effects of domestic violence in all its forms. Neither are we questioning the good intentions of the legislators. But, first and foremost, the law should protect the victim rather than punish the perpetrator.”  

McCulloch adds that the Act gives the criminal court the power to make restraining orders for any violent offence, even on acquittal. “The risk here is that, even when acquitted, the alleged perpetrator could be kept away from the family home with devastating effects on family relationships,” she says.
However, Baroness Scotland QC, the minister responsible for domestic violence issues, defended the legislation saying domestic violence must stop.

“We have more to do to urge women that the help is out there and they must come forward if they are a victim of this heinous crime,” she says.

Issue: 7255 / Categories: Legal News , Family
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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