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Evaluation of Specialist Domestic Violence Courts/ Fast Track Systems

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Evaluation of Specialist Domestic Violence Courts/ Fast Track Systems rri Evaluation of Specialist Domestic Violence Courts/ Fast Track Systems Dee Cook Mandy Burton Amanda Robinson Christine Vallely March 2004 Acknowledgements The authors would like to thank the representatives from all five sites of the Crown Prosecution Service, the Police, the Magistrates’ Courts Service, Witness Service, Derby City Partnership, Leeds Inter-Agency Partnership, Cardiff Women’s Safety Unit, Standing Together, HALT, ADVANCE, Eaves, West Yorkshire Probation Service, Wolverhampton Criminal Justice Support Services Co-ordinator and The Haven. This study could not have been completed without the cooperation and efforts of CPS staff and prosecutors who, on top of their already busy schedules, assisted with data collection. We are very grateful to all those at the agencies listed above for their time and their views. We should also like to thank our research assistants Jasmin Tregidga, Anna Clancy, Kulbir Kaur and Angela Morgan for their work in coding and entering the data from the CPS files. List of Abbreviations and Common Terms ABH – it is an offence under s.47 Offences Against the Person Act 1861 to assault occasioning actual bodily harm. Advocates/advocacy support: Through victim support workers Bail – Period of adjournment. Can be imposed by the Court and the Police. Can be conditional or unconditional. Bindover – specify a sum of money over a specific period of time that requires defendants to keep the peace CJU – Criminal Justice Unit. This is a term that applies to both the Police and the CPS office that deals with a particular Magistrates Court area. CJS – Criminal Justice System Cracked trial – This is a case, which has been set down for trial, but the case has been terminated on the day of trial. Reasons include: a late guilty plea accepted on the day by the prosecutor; a bind-over; an offer of no evidence by the prosecutor; absence of witness. The case will not be adjourned and is dismissed. CPS – Crown Prosecution Service D – Defendant/Defence DCP – Derby City Partnership DCV letter-direct communication with victims. This is the letter that must be sent to all victims of crime, where the CPS either substantially alter the charge or discontinue a case. DISCON – Case discontinued, by the Prosecution, by means of a formal letter giving notice to defence and the court. DNA – did not attend. Indicates that someone did not come to Court, when they should have. DSM – Case dismissed. This can happen either after the case has gone only halfway or after a full trial. DV – domestic violence EAH – Early Administrative Hearing. This is a case where a not guilty plea is anticipated. EFH – Early First Hearing. This is a case where a guilty plea is anticipated. FTS – Fast Track System, used in Cardiff to describe their procedures for processing domestic violence cases. HALT – Help Advice and the Law Team (Leeds) Ineffective trial – when, on the date of trial, the case cannot proceed and is adjourned to another date. Reasons include prosecution or defence not ready, witnesses for either side (including the defendant) absent, lack of court time. Evaluation of Specialist Domestic Violence Courts/Fast Track Systems Page 1 KI – key informant (interview) LDVCC – Leeds Domestic Violence Cluster Court LIAP – Leeds Inter-Agency Partnership MCS – Magistrates’ Court Service NEO – No Evidence Offered. This is where a case is listed for trial, but the Prosecution has insufficient/no evidence to put before the court. NG – Not guilty plea PNCs – computerised records of a person’s previous convictions, impending convictions, previous custodial sentences, and previous reprimands/warnings/cautions. PSRs – Pre sentence reports. This is a document prepared by the Probation Service, usually upon sentence, to assist the court in imposing the correct sentence on the offender. PTR – Pre-Trial Review s.23 – of the Criminal Justice Act 1988 (first hand hearsay principle), which permits the reading out in court of a statement made by a witness in certain circumstances (such as the witness is in fear). SDVC – specialist domestic violence court, used to describe the clustering of cases of domestic violence in a particular court room. ST – Standing Together SV – site visit SWP – South Wales Police V – Victim VPS – Victim Personal Statements WLMC – West London Magistrates’ Court WMP – West Midlands Police WTH – Case withdrawn and therefore ended. WSU - Women’s Safety Unit (Cardiff) WYP – West Yorkshire Police List of Charts in text 4A Percentage of DV Incidents Resulting in Arrest 4B Percentage of DV Incidents with Repeat Victim 6A Information on Women’s Ethnicity 6B Information on Men’s Ethnicity 6C Initial Charged Offences 6D Initial Pleas by Defendants 6E Attrition of Cases Received by the CPS 6F Sentences Received by Offenders 6G Evidence in Case Files 6H Number of Previous Convictions 6I Civil Orders in Place 6J Matters Pending in Civil Court 6K Children and Domestic Violence 6L Initial Guilty Pleas, by Site 6M Cases Sent to PTR, by Site 6N No Evidence Offered (NEO) Rate, by Site 6O Late Guilty Plea Rate, by Site 6P Bindover Rate, by Site 6Q Victim Retraction, by Site Evaluation of Specialist Domestic Violence Courts/Fast Track Systems Page 2 Overall, our research indicates the notable and positive benefits of Specialist Domestic Violence Courts and Fast Track Systems in three key ways: • Both ‘clustering’ and ‘fast-tracking’ DV cases enhances the effectiveness of court and support services for victims. • Both SDVC and FTS arrangements make advocacy and information-sharing easier to accomplish. • Victim participation and satisfaction is improved and thus public confidence in the CJS is increased. All the courts have created the infrastructure necessary for continued improvements in the effectiveness and efficiency in dealing with domestic violence cases Such courts enable the development of best practice in multi-agency, integrated ways of working that place the victim at the heart of the process. Evaluation of Specialist Domestic Violence Courts/Fast Track Systems Page 3 E Executive Summary Introduction E1. The evaluation of the effectiveness of specialist domestic violence courts needs to be addressed in the context of the dynamics of domestic violence, which is a complex problem, incorporating emotional and psychological abuse as well as crimes of a physical and/or sexual nature. Victims are often (understandably) reluctant to be witnesses in court because of their own relationship to the defendant and, in relationships where children are present, the defendant’s relationship with their children. They are almost always vulnerable and often intimidated. E2. The work of the criminal justice system (CJS) in addressing domestic violence needs to be evaluated in terms of its effectiveness in providing safety for victims, within a multi- agency framework that works with victims, perpetrators and their children. Thus, the Government’s Safety and Justice document addressed issues of prevention, protection and support. E3. Jurisdictions or communities that have taken the innovative step of setting up specialist courts should be commended, because they are enabling domestic violence to be tackled within a multi-agency framework designed with the specific needs of domestic violence victims in mind. In addition, they also help reinforce the seriousness of the commitment of CJS, statutory and voluntary agencies to reducing domestic violence. E4. The evaluation research reported here was commissioned by the Crown Prosecution Service (CPS) and Department for Constitutional Affairs (DCA). The Government’s 2001 election manifesto included a commitment to consider whether specialist domestic violence courts would offer more effective protection for victims. This evaluation aims to assist the criminal and civil justice government agencies to judge the effectiveness of specialist courts and thereby help to inform the government policy debate as to whether and how specialist courts should be developed. E5. The research also forms a key part of the CPS two-year Domestic Violence Project, established in the summer of 2003. This project seeks to gather evidence on the efficacy of measures in relation to domestic violence cases that would: • Narrow the justice gap and reduce ineffective trials • Increase public confidence, including that of black and minority ethnic communities • Achieve value for money Research Methods E6. The research, carried out in November 2003 – January 2004, evaluated five models of Specialist Domestic Violence Courts (SDVC) or Fast Track Systems (FTS) in England and Wales, namely those at magistrates’ courts in: • Cardiff • Derby • Leeds • West London • Wolverhampton Evaluation of Specialist Domestic Violence Courts/Fast Track Systems Page 4 The five courts are at very different stages of their development – one (Derby) being in operation for six months, and another (Leeds) for four years. Police data indicate widely varying case loads – ranging from 99 domestic violence arrests in one site (West London) over a 3-month period to 853 in another (Leeds) over the same period. They also operate in very different spatial and organisational contexts. E7. The evaluation adopted a mixed method approach, designed to meet the wide ranging project aims and objectives. Although the research process was reflective and iterative, with regular research team discussions and much learning from the process itself, there were three broad components of the evaluation: • Mini-literature review of relevant literature from the US, Canada and UK • Qualitative
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