It
would be interesting to know the statistics on the numbers of trials
designated under the umbrella title of “domestic violence” which
are categorised as cracked or ineffective. The reason for my
curiosity is that IMHO some? many? DV charges are brought to our
courts on thinner evidence than would be the case with other matters;
eg assault, criminal damage, handling, etc etc. From statements
by those in authority from Home Secretaries, Chief Constables to
senior prosecutors and highly publicised pressure groups there is no
doubt political motives are behind this prosecution policy and it is
not difficult to understand why. Domestic violence is an ugly
activity. Currently this descriptive term covers offences from
common assault to murder although David Cameron has hinted that it
might become a stand alone aggravating feature defined within
legislation. Be that as it may as magistrates in the lower courts
system we are sitting on the vast majority of such trials. My last
such sitting had two cases; the non appearance or availability of the
complainant and our refusal to adjourn caused one matter to be
dismissed and the other concluded with a conviction although that
could have been described as fortunate for the CPS because of certain
technical defects. Looking back over my experience of the last year
or so I would find it hard to conclude that more than 50%-60% of such
trials actually went ahead. Is this a price worth paying or do
others; lawyers or J.P.s have different opinions and experiences?
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