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Domestic Violence and Criminal Justice Downloaded by [University of Defence] at 01:45 24 May 2016 Domestic Violence and Criminal Justice This book aims to provide an up-to-date and comprehensive introduction to the subject of domestic violence and its interaction with the criminal justice system – including agencies such as the police, the Crown Prosecution Service, the pro- bation service and Children’s Services, the courts and the prison service, as well as voluntary agencies such as Women’s Aid. The book also looks at how these various agencies work together at a local level and the coordinating role of the Home Office and the direction provided at a central level. Domestic Violence and Criminal Justice examines the phenomenon of domes- tic violence, the various forms it takes and the theories that have been put forward to explain it. It takes a historical approach to examine policy and legislative devel- opments over the last forty years and how those developments make themselves manifest today. The authors provide an authoritative and critical account of the different agencies and the work they carry out both independently and jointly; they also consider the limits of a crime-centred response to domestic violence. The book provides a conceptual framework in which domestic violence and criminal justice might be better understood. It covers all the current issues in this field and it will be a ‘source book’ for directing to further reading. It will be essential reading for both students and practitioners in the field. Nicola Groves is a Senior Lecturer in Criminology at Leeds Metropolitan University, and she specialises in teaching and research into domestic violence. Prior to becoming an academic Nicola worked in the voluntary sector primarily in the area of domestic violence. Terry Thomas is Visiting Professor of Criminal Justice Studies at Leeds Downloaded by [University of Defence] at 01:45 24 May 2016 Metropolitan University. He is a former local authority social worker and team leader, and is currently engaged in research in the areas of domestic violence and sexual offending. ‘A “must-read” for professionals, students, the voluntary sector, and anyone seeking to understand the nature of domestic violence and responses to it by the government, law, police and criminal justice practitioners. From a very contemporary standpoint, this important book critically reviews the development of legal, policing and criminal justice policies since domestic violence was transformed by feminism from a private trouble to a social issue still high on political agendas. It examines the insidious and harmful nature of domestic violence and its many forms, asking whether the patriarchal criminal justice system of England and Wales alone is able to deal effectively with such dangerous and damaging complexities.’ Jill Radford, Professor Emerita, Teesside University, UK ‘An excellent whistle-stop tour of everything a student should know about domes- tic violence and criminal justice. Easy to read and up to date – a must-read.’ Professor Nicole Westmarland, Co-Director of the Durham Centre for Research into Violence and Abuse, Durham University, UK ‘This is an important and timely book, which provides a unique overview of relevant law, policy, recent history and current practice. It is meticulous in its scholarship and wise in its conclusions.’ Ken Pease, Visiting Professor and Fellow, Jill Dando Institute, University College London, UK Downloaded by [University of Defence] at 01:45 24 May 2016 Domestic Violence and Criminal Justice Nicola Groves and Terry Thomas Downloaded by [University of Defence] at 01:45 24 May 2016 Routledge Taylor & Francis Group LONDON AND NEW YORK First published 2014 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2014 Nicola Groves and Terry Thomas The right of Nicola Groves and Terry Thomas to be identified as authors of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Groves, Nicola. Domestic violence and criminal justice / Nicola Groves and Terry Thomas. pages cm ISBN 978-1-84392-820-1 (hardback) -- ISBN 978-1-84392-819-5 (pbk.) -- ISBN 978-1-315-86307-8 (ebook) 1. Family violence--Great Britain. 2. Marital violence--Great Britain. 3. Criminal justice, Administration of--Great Britain. I. Thomas, Terry, 1946- II. Title. HV6626.23.G7.G76 2014 364.15’55--dc23 2013023247 ISBN: 978-1-84392-820-1 (hbk) ISBN: 978-1-84392-819-5 (pbk) ISBN: 978-1-3-1586307-8 (ebk) Typeset in Times New Roman by GreenGate Publishing, Tonbridge, Kent Downloaded by [University of Defence] at 01:45 24 May 2016 Domestic Violence and Criminal Justice is for my two daughters Eleni and Iolë with love and hope – Nicola Groves and the memory of Sandy Close who helped set up the first refuge in Halifax, West Yorkshire – Terry Thomas Downloaded by [University of Defence] at 01:45 24 May 2016 This page intentionally left blank Downloaded by [University of Defence] at 01:45 24 May 2016 Contents Acknowledgements viii Abbreviations ix Introduction x 1 Understanding domestic violence 1 2 Explaining domestic violence 25 3 Law and policy 44 4 Policing 64 5 Prosecuting 86 6 The courts, sentencing and punishment 103 7 Responding to domestic violence 127 Conclusions 146 Bibliography 150 Downloaded by [University of Defence] at 01:45 24 May 2016 Index 169 Acknowledgements This book arose from our concern to examine the criminal justice system’s response to domestic violence which has traditionally been criticised yet has developed to be the primary response to domestic violence in the UK today. For the past 40 years feminist theory and activism has kept the issue of domes- tic violence on the public agenda and we would like to thank the many women who continue to be active in the field of preventing violence against women. In particular, we would like to acknowledge and thank those who have read, commented and suggested valuable ideas on individual chapter drafts: Laura Goldsack, Ruth Lewis, Sandra McNeill, Jill Radford and Nicole Westmarland. Ultimately, the views presented are our own and we exonerate the aforementioned from any blame with regard to mistakes, misinterpretations or any other failings of the text. Nicola would like to thank those who have not directly contributed to this book, but who have encouraged and supported her – in particular thanks to Gregory, Sheila and Philip. Downloaded by [University of Defence] at 01:45 24 May 2016 Abbreviations ACPO Association of Chief Police Officers CAADA Coordinated Action against Domestic Abuse CCR Coordinated Community Response CJJI Criminal Justice Joint Inspection CPS Crown Prosecution Service CRB Criminal Record Bureau CTS Conflict Tactic Scale DASH Domestic Abuse, Stalking and Honour-based Violence DBS Disclosure and Barring Service DVO Domestic Violence Officer DVU Domestic Violence Unit FME Forensic Medical Examiner IDVA Independent Domestic Violence Adviser IPV Intimate Partner Violence ISS Integrated Safety Services ISVA Independent Sexual Violence Adviser LCSB Local Child Safeguarding Board MAPPA Multi Agency Public Protection Arrangements MARAC Multi Agency Risk Assessment Conference NAVSS National Association of Victim Support Schemes PSR Pre-Sentence Report SAP Sentencing Advisory Panel SARC Sexual Assault Referral Centre SDVC Specialist Domestic Violence Court Downloaded by [University of Defence] at 01:45 24 May 2016 SGC Sentencing Guidelines Panel TVCP Tackling Violent Crime Programme VPS Victim Personal Statement Introduction This is a book about domestic violence and how the criminal justice system in England and Wales intervenes to support the victims of domestic violence and deals with the people who commit acts of domestic violence. It is a history of the last 40 years as well as a critical exposition of contemporary arrangements. The criminal justice system is taken to be a series of agencies and ‘actors’ with their own policies and procedures following and implementing relevant legisla- tion. These include the police, prosecutors, Children’s Services, the probation service, housing authorities and others. As such it is not always a coherent system with a unified voice but a set of arrangements with tensions and disagreements that range from ‘healthy’ to ‘problematic’. We hope to put some of these tensions and disagreements under a degree of examination. Prior to the 1970s the agencies, professionals and practitioners that make up the criminal justice system kept domestic violence at arm’s length and were reluc- tant to get involved. In the twenty-first century they are very much engaged and many of them see it as a priority area for their respective work programmes. Criminalisation Since the 1970s domestic violence has become recognised as not merely
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