Violence Against Women: Newsletter

Issue no. 3 August 2010 PAGE 2  updated legal guidance for VAW update prosecutors on the copying

indecent images of children PAGE 6 for the defence (please see Domestic page 14 for details); Violence  updated guidance for PAGE 10 prosecutors on FM, HBV and An introduction to the communicating with victims. FGM VAW newsletter To accompany the guidance a very useful list of Do’s and PAGE 11 Welcome to our third Violence Against Don’ts has been developed Rape and Women Newsletter. We hope it will please follow the link for a copy: Sexual Violence help you practically in your work on http://infonet.cps.gov.uk/infonet/ VAW and keep you up to date with idcplg?IdcService=GET_FILE& PAGE 12 developments across government, dDocName=doc_033576&Revi Child Abuse HQ and CPS Areas and highlight new sionSelectionMethod=latest&all legislation, cases of note, policy and owInterrupt=1 See page 11 for PAGE 14 guidance. full details Indecent Images of Children We are developing the format of the To navigate this newsletter please use newsletter so would welcome the contents panel on the right hand PAGE 16 comments about usability. Please also side which will hyperlink to various Prostitution continue to let us know what you would sections. like to see in future editions, including PAGE 16 good practice in your Area by Trafficking contacting us at:

[email protected]

Highlights from the August newsletter include:

 opening comments from our new VAW Champion Ian Rushton CCP for Lancashire;

 details on changes to the performance management of VAW prosecutions in 2010-11;

 advice for prosecutors on the nature of stalking and harassment from Laura Richards (available on page 6);

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Issue no. 3 August 2010

VAW update Karen Morgan-Read who will be PAGE 2 leaving CPS on secondment to the VAW update Foreign and Commonwealth Office. I had the pleasure of working with Karen PAGE 6 in Cheshire several years ago when I Domestic

was her CCP and I saw, first hand, her Violence total dedication to domestic violence issues and to the SDVC initiative in PAGE 10 particular. She quickly moved to the FM, HBV and former Policy Directorate where her FGM contribution to the VAW cause was

displayed on a wider canvas! It is no PAGE 11 exaggeration to say that over the last Rape and Welcome from our new VAW few years, Karen has directly and Sexual Violence champion, Ian Rushton (CCP) indirectly helped hundreds of I am delighted to make a short distressed women and hugely PAGE 12 contribution to this, the third Violence enhanced the reputation of the Service. Child Abuse Against Women Newsletter. In our last PAGE 14 Newsletter, published in May, we The coalition government has recently announced the retirement of Sarah Indecent Images re-energised the State’s response to of Children Jane Gallagher - my predecessor as Violence against Women in all its CCP VAW Champion. Sarah Jane forms. The Service needs to continue PAGE 16 worked tirelessly in promoting and in all its efforts to play its full part in Prostitution developing VAW work and is a really delivering justice for victims of these tough act to follow. However, we did crimes. I regard it as a huge privilege to PAGE 16 manage a brief hand over session, all of champion this cause for the Service Trafficking fifteen minutes, down a crackly mobile and, in particular, to sponsor an phone line! effective flow of what Sarah Jane in a previous Newsletter, called the “vital, Since picking up the reins from Sarah effective flow of information and ideas Jane, I have had the privilege of between those developing policy...and working closely with VAW team from those prosecuting the cases the Equality and Diversity Unit in themselves.” Headquarters. Their enthusiasm and expertise is quite admirable as is their Finally, a brief reminder that the total commitment to providing support national VAW Seminar takes place on and guidance for colleagues up and 14 October in HQ. I am acutely aware, down the country, who, day to day, are in these financially challenging times, dealing with VAW casework issues. As that releasing co-ordinators to attend in previous editions of the Newsletter this event is something of a tall order. there is a wealth of valuable, practical However, we have thought long and information over the next few pages. hard about the content of the day and liaised extensively with Group Chairs Can I take this opportunity, on behalf of as to the programme, which has a very the Service, to say a fond farewell to practical emphasis, complimenting the

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Issue no. 3 August 2010

PAGE 2 delivery Core Quality Standards. We The Home Secretary has also VAW update hope to see as many of our co- committed to delivering a full ordinators as possible at the event. government response to Stern. PAGE 6 Domestic Violence The coalition approach to ending Recent questions to the Attorney Violence against Women General, Dominic Grieve QC and PAGE 10 The Home Secretary has said the Solicitor General, Edward Garnier FM, HBV and coalition government aims to "end QC on VAW in the House of FGM violence against women and girls." Commons PAGE 11 Answers given by the new Attorney Rape and General and Solicitor General outlining In a speech to the Women’s Aid Sexual Violence National conference on 16 July their commitment to the VAW agenda Theresa May stated that: at Parliamentary Questions on 27 July PAGE 12 are detailed below. Child Abuse

‘We need a new approach – not to start When asked whether potential cuts in PAGE 14 from scratch, but to build on the existing CPS funding would lead to a lesser work. Not to disregard the work already Indecent Images focus on VAW issues he stated that: of Children done but to improve on it and to fix its problems…there is still important work ‘Although there will clearly be financial PAGE 16 to be done there in improving constraints on all Departments, let me Prostitution prosecution rates for domestic violence reassure him that it is certainly my and for rape, improving rehabilitation for intention and that of the Director of PAGE 16 victims and in protection from repeat Public Prosecutions to ensure that the Trafficking offenders.’ CPS can maintain its record of momentum and good progress in this The coalition government has been area.’ clear that a cross government approach, with commitment from all The AG went on later in the debate to departments, is the best way for confirm that: tackling the issue. In light of this commitment the first cross government ‘tackling domestic violence will remain meeting with ministerial colleagues on a key priority’ VAWG was held on 21 July. The Attorney General attended on behalf of Full text on the debate is available at: the CPS and gave an update on the http://www.theyworkforyou.com/debate work of the CPS VAW strategy and s/?id=2010-07-27a.856.0 improvements in prosecutions across the VAW strands.

The inter-ministerial group will be advising on the best response to VAWG and will publish in the Spring.

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Issue no. 3 August 2010

PAGE 2 VAW performance management  rape caseload (volume) as a % VAW update in 2010-11 of indictable only Crown Court In the last four years we have seen caseload (new measure in PAGE 6 improvements in the handling of VAW 2010-11) Domestic crimes by the CPS resulting in a rise in Violence conviction rates and improvements in Groups will be assessed on the quality of prosecutions. Between performance against the national PAGE 10 2006-07 and 2009-10 the number of average and trend performance over FM, HBV and VAW prosecutions has increased by time. This assessment will be provided FGM 25% to 85,904 defendants. Successful quarterly from HQ, with only a few lines prosecutions, from charge to conviction, on the highest priority issue/s for PAGE 11 have overall increased from 65% to groups to address – e.g. main focus on Rape and 72% in the same period – a 7% rape volume; or on DV victim issues. Sexual Violence increase in convictions compared with an overall 2.5% increase across all CPS This would include any key issues PAGE 12 cases. The continued monitoring of this related: Child Abuse data is crucial in ensuring that the CPS  to charge to NFA ratio; builds on this improvement in  cautions (simple, conditional), PAGE 14 performance.  bindovers (DV only), Indecent Images of Children  flagging (rape only); and In 2010-11, VAW Area performance will  reasons for unsuccessful no longer be measured against a target PAGE 16 outcomes, broken down as Prostitution and the formal performance review victim issues, conviction after process will take place at the Group, trials, jury acquittals (rape only) not Area level. PAGE 16 and discontinuances. Trafficking Data on each of the above will be Although performance will no longer available at group level from HQ. have targets, the VAW crime measures will continue as validation measures for As the overall data for validation these crimes alongside an assessment measures is only prepared at Group of 12 Core Quality Standards (outlined level by HQ, VAW Coordinators and below). EDCEMs, together with business teams, will benefit from looking at their Area data locally to understand any Validation measures: local performance issues. VAW Validation measures contain the key information required to monitor performance on VAW as part of the quarterly Group Performance Review (GPR) process. They focus on:

 unsuccessful prosecution rates (attrition) for domestic violence, rape and sexual offences; and

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PAGE 2 Core Quality Standards: Support for Coordinators VAW update There are 12 Core Quality Standards. and EDCEMs: A short briefing has been prepared for PAGE 6 Core Quality Standards Monitoring EDCEMs and discussed at their Domestic (CQSM) which came into operation on meeting in July, to help in their Violence 1 July 2010. understanding of VAW and hate crime performance. The VAW seminar in PAGE 10 The standards will be assessed against October for VAW Coordinators will FM, HBV and a national dip sample of cases. For hold a workshop to help in assessment FGM VAW, approximately 10% of rape cases and understanding of VAW will be specifically flagged for performance. PAGE 11 assessment, across CPS nationally. Rape and Three flagged rape cases will be For further details on the VAW seminar Sexual Violence identified annually in each Unit for VAW coordinators please contact (approximately 180 currently existing [email protected] PAGE 12 Units) – two identified by Unit Child Abuse heads and one from a Peer Reviewer. PAGE 14 The sample will be selected randomly. VAW performance in Q1 2010-11 Indecent Images Our updated data briefing on CQSM will provide data on the quality of Children performance in VAW for Q1 is of charging decisions, disclosure, available at: instructions to counsel, victim code PAGE 16 http://infonet.cps.gov.uk/consump/idcpl compliance and DCV letters. Prostitution g?IdcService=GET_FILE&dDocName=

doc_033910&RevisionSelectionMethod PAGE 16 Rape Monitoring Group – =latest&allowInterrupt=1 Trafficking development of new rape measures: The cross government Rape Monitoring

Group (RMG) is reviewing national rape measures. A small working group has Enhanced Women’s Service – Bail been set up to develop joint police/CPS Accommodation Support Service measures that avoid conflicting targets An ‘Enhanced Women’s Service’ is and encourage effective multi-agency now available from 18 June 2010 until work by summer 2010. The group 31 March 2011 as part of the Bail involves representatives from Police, Accommodation Support Service CPS, Home Office, Ministry of Justice and Survivor’s Trust. The aim is to This service will provide additional rationalise any proposed measures with levels of support for female defendants the current CPS rape measures. VAW with multiple or high levels of need that coordinators and EDCEMs will be cannot be met through the normal informed of any new proposals as soon BASS accommodation or support only as possible. service. It provides an opportunity to divert women away from custody and aims to increase the number of women being bailed and referred to BASS.

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PAGE 2 Prosecutors are asked to consider this considered as a suitable rehabilitative VAW update when dealing with bail issues. disposal; and PAGE 6 • a booklet of Women’s Community For further information prosecutors Domestic Projects which may support the should see paragraph 4.5 at: Violence http://psi.hmprisonservice.gov.uk/psi_2 imposition of a conditional caution with 010_34_pi_09_2010_bass.doc; a WSC. PAGE 10 FM, HBV and Further information about this type of FGM disposal can be found at: Conditional Cautions with a Women http://infonet.cps.gov.uk/infonet/infonet PAGE 11 Specific Condition _live/Gateway/xml_033471 Legal Guidance has been developed to Rape and assist prosecutors when they are Sexual Violence deciding if a conditional caution with a PAGE 12 Women Specific Caution (WSC) is an Child Abuse appropriate disposal. Domestic Violence PAGE 14 Conditional cautioning pilots for women Indecent Images offenders were established in Leeds, of Children Bradford and Liverpool. In these areas, Stalking and Harassment: ‘offenders a Conditional Caution could be issued engaging in stalking behaviour can PAGE 16 to women offenders requiring them to follow a path that ultimately can lead Prostitution attend a full needs assessment at a to homicide’ Together Women Project Centre. The PAGE 16 Article by Laura Richards BSc, MSc, aim of the intervention was to address Trafficking and reduce the offending behaviour and FRSA, Criminal Behavioural break the pattern of offending (in Psychologist, Specialist Adviser on particular, of those who have been a Violence and Director of Protection victim domestic abuse). The pilots ran Against Stalking and Karen Morgan- from 1 September 2008 until March Read, CPS 2009 and an evaluation report was The recent homicide of Chris Brown produced at the end which has and attempted murder of Sam Stobbart informed legal guidance to assist in Northumbria by Raoul Moat prosecutors when deciding if a unfortunately continues to remind us of conditional caution with a WSC is the serious consequences that can an appropriate disposal result from cases involving stalking. Sadly, the findings from recent The guidance includes: homicide reviews are all too familiar. Key areas highlighted are: • background information about

development of these conditions;  the lack of understanding • examples of where a conditional regarding stalking and caution with a WSC could be harassment;

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PAGE 2  insufficient risk identification, another in a manner that could be VAW update assessment and management; expected to cause distress and/or fear in any reasonable person. PAGE 6  poor communication; and Domestic Types of stalking behaviour – Violence  insufficient information sharing. Behaviours might seem completely normal – until repeated. They then take The findings of those homicide reviews PAGE 10 on a more sinister meaning. That is have informed this article and the S- FM, HBV and why the context and detail of the DASH Risk Identification Checklist FGM behaviour is crucial when which is currently being rolled out understanding the risks posed to a across England and Wales as part of PAGE 11 victim. The behaviours include the wider Domestic Abuse, Stalking and Rape and unwanted communication which can Harassment and Honour Based Sexual Violence consist of: telephone calls; letters; Violence (DASH 2009) Risk Email; Fax; text messages on mobiles; PAGE 12 Identification and Assessment Model graffiti; and messages on social Child Abuse implementation plan. The DASH (2009) networking sites. is also used to make a Multi-agency PAGE 14 Risk Assessment Conference Referral In addition to unwanted communication Indecent Images (MARAC) referral. You need to be the defendant may take part in a of Children aware of its existence and the risks number of associated behaviours when making decisions about stalking including: sending or leaving PAGE 16 cases. Further information about DASH unsolicited materials/gifts; ordering or Prostitution and S-DASH can be found at: cancelling goods/services; making www.dashriskchecklist.co.uk vexatious complaints (to legitimate PAGE 16

bodies); cyberstalking; threats; property Trafficking http://www.caada.org.uk/practitioner_re damage; and violence sources/riskresources.htm

There are two distinct sets of CPS legal guidance on prosecuting behaviour: about 50% of stalking cases cases of domestic violence can be involve repeated and frequent contacts found at (usually approaching or following) and http://infonet.cps.gov.uk/infonet/idcplg?I lasting only a day or two (these then dcService=GET_FILE&dDocName=doc peter out of their own accord); or, more _026800&RevisionSelectionMethod=lat worryingly, those that continue beyond est&allowInterrupt=1 two weeks. These often extend to

months or years and involve both

unwanted communication and contact. Frequently Asked Questions re: They may involve threats and violence Stalking and harassment: (Purcell, Pathe and Mullen, 20004).

What is stalking? -There is no legal According to the BCS (2006) up to one definition of stalking, however, it is in five citizens will experience stalking generally accepted that it includes in the UK and approximately 5 million repeated attempts to impose unwanted people will experience stalking in one communications and/or contacts on

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Issue no. 3 August 2010

PAGE 2 year. The majority of stalkers are known is frequently the best assessor of risk VAW update to their victims. They tend to be male posed to them ( Weissz, Tolman, and and the victims female. However, akin Saunders2000). Stalking often consists PAGE 6 to other forms of Violence Against of behaviours that, when taken at face Domestic Women stalkers come from all value, may appear to be quite ordinary Violence backgrounds and are not homogenous. (e.g. walking past the victim’s house, Motivations will also vary. asking the victim to go out on dates). PAGE 10 With repetition, however, these FM, HBV and Stalkers may not always have had a behaviours can become menacing, and FGM relationship with the victim, they may be the victim can feel unsafe and acquaintances, colleagues as well as threatened. PAGE 11 strangers. Those who target a complete Rape and stranger are rare and unusual, but it Is there a previous domestic abuse Sexual Violence does happen. and harassment history? (both the current victim and/or other victims) PAGE 12 What do we know about risk? One of the best predictors of future Child Abuse The risk of assault has been most behaviour is past behaviour. Research extensively researched. The most shows that many victims will suffer PAGE 14 dangerous and malignant type of more than 100 incidents before Indecent Images stalkers are those who have had an reporting to the police (Sheridan, of Children intimate relationship with victims. It is 2005). crucial that you do not think it is any PAGE 16 less serious if there has been no Does the defendant vandalise or Prostitution physical violence. Police and destroy property? Various studies prosecutors need to make a clear and have identified that a sizeable PAGE 16 compelling case for a posed threat, proportion of stalkers (up to two thirds) Trafficking even though the defendant may not will damage their victim’s property have yet physically attacked the victim. (Blaauw et al., 2002). Property damage In some active stalking cases, has been identified by researchers as aggressive prosecution resulting in preceding or co-occurring with physical imprisonment may save a life when the attacks on the victim (Harmon et al., offender follows a path to violence. 1995, 1998).

The S-DASH Risk Identification Does the defendant turn up Checklist can be used in all stalking unannounced more than three times cases. If stalking is present, 11 further per week? Stalking rarely takes place questions must be asked in relation to at a distance. Research tells us that the stalking behaviour(s). nearly all stalking cases will ultimately involve face-to-face contact between victim and stalker (Mullen et al., 2000). High risk factors in Stalking and The research informs us that those Harassment cases: stalkers who visit the victim’s home, workplace, or other places frequented Is the victim very frightened? by the victim more than three times in a Research demonstrates that the victim

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PAGE 2 week are those who are most likely Has the defendant engaged other VAW update to attack. people to help him/her? (wittingly or unwittingly). The ability of a stalker to PAGE 6 Does the defendant follow the victim pose as other persons and/or to draw Domestic or loiter near the victim’s home, information out of third parties should Violence workplace etc? Most stalkers will be never be under-estimated. Many seen by their victims. The positive stalkers will devote hours each day to PAGE 10 aspect of this is that evidence can be their stalking campaign, and are FM, HBV and collected, particularly if the victim keeps capable of stalking their victims for FGM a log of stalker sightings and behaviour. many years (Meloy, 1996). PAGE 11 Has the defendant made threats of Is the defendant abusing/misusing Rape and physical or sexual violence? Stalkers drugs/alcohol? Substance abuse by Sexual Violence frequently threaten their victims, either the stalker has been found to be directly or indirectly. Examples of associated with physical assault on the PAGE 12 indirect threats include sending wreaths victim in a significant number of cases Child Abuse or violent images to the victim (often (Rosenfeld, 2004). anonymously). Stalkers will often make PAGE 14 specific written or verbal threats and Is there a history of previous Indecent Images research demonstrates that these violence in the past? (This could be of Children should be taken particularly seriously. physical or psychological. Intelligence Threats have been found to be even or reported) One of the best predictors PAGE 16 stronger predictors in cases of very of future behaviour is past behaviour. It Prostitution serious violence (James and Farnham, may not always be physical violence 2003). but could include the psychological PAGE 16 impact as well. It should be noted, Trafficking Has the defendant harassed any however, that some of the most third party since the harassment seriously violent stalkers identified in began? (e.g. friends, family, children, the past had no recorded criminal colleagues, partners or neighbours of history (James and Farnham, 2003). the victim). On average, 21 people connected to the victim will be affected Other relevant information/additional (Sheridan 2005). Therefore secondary observations made by professionals victims will be identified. will cover a range of factors including, but not limited to: the level of fear in Has the defendant acted violently to victim, victim’s beliefs concerning anyone else during the stalking stalker’s motives, weapons owned by incident? Secondary victims will be stalker, nature of unwanted ‘gifts’/items identified in a majority of stalking cases, left for victim, and whether victim has and these can be a valuable source of responded in any way to the stalker. evidential information.

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PAGE 2 Use of Expert Witness training events in October and VAW update It important that when prosecutors are November go to dealing with complex and serious cases www.dashriskchecklist.co.uk or contact PAGE 6 that the possibility of using an expert [email protected] Domestic witness is considered. Assessment can Violence be based upon expert testimony and other evidence which may convince the PAGE 10 judge of dangerousness on a clear FM, HBV and standard of proof. Calling an expert FGM witness represents another way of Forced Marriage and trying to establish a posed risk. Those Honour Based Violence PAGE 11 who specialise in analysing, profiling, Rape and researching or investigating violent and FGM Sexual Violence behaviour can give their opinions based Forced Marriage and Honour Based on their training and experience of prior Violence Specialist Prosecutors PAGE 12 cases. Child Abuse A number of specialist HBV/FM prosecutors have now been trained. PAGE 14 CPS Legal Guidance A list of specialists is available for CPS Indecent Images The CPS is developing specific legal staff at: of Children guidance to support prosecutors http://infonet.cps.gov.uk/consump/idcpl dealing with cases of Stalking and g?IdcService=GET_FILE&dDocName= PAGE 16 Harassment. This will be available on xls_033344&RevisionSelectionMethod Prostitution the Infonet late August 2010. We are =latest&allowInterrupt=1 also supporting leading charities such PAGE 16 Trafficking as: the Protection Against Stalking ; the Forced marriage e-learning training Network for Surviving Stalking; and the The FMU has designed an e-learning Suzy Lamplugh Trust, who, with the training package to support support of the funding from the Home professionals, including education, Office, have launched a national help social and health care professionals, line to assist victims who are police officers, housing officers, the experiencing this most frightening voluntary sector and others dealing of crimes. with forced marriage in the course of their work. The training will give professionals a basic understanding of Contact details The National Stalking the key issues surrounding forced Helpline: 0300 636 0300 marriage, how cases can present and www.stalkinghelpline.org – Practical how to respond appropriately. Case advice and information to anyone who studies explore: is currently or previously been effected by harassment or stalking.  issues surrounding forced marriage; If you would like further information on the DASH, S-DASH or masterclass

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PAGE 2  some of the ways in which The new sample letter is informed by VAW update Forced Marriages can impact a suggestions and recommendations young person’s life; from several independent sources PAGE 6 including Rape: The Victim Experience Domestic  the importance of inter-agency Review by Sara Payne MBE; the DCV Violence work; and Audit Follow-up Report by HM CPS Inspectorate (HMCPSI); and Baroness PAGE 10  specific cases studies for Stern’s Independent Review into how FM, HBV and agencies including police, social Rape Complaints are Handled by FGM care and housing. Public Authorities in England and Wales. In addition the letter was the PAGE 11 This tool complements the multi-agency subject of consultation both inside CPS Rape and practice guidelines for professionals and with members of external specialist Sexual Violence and should be read alongside the support services for victims. training. PAGE 12 One of the catalysts for the new letter Child Abuse To access training please visit the was Sara Payne’s finding that: ‘victims Moodle site: www.fmelearning.co.uk were highly critical of the way in which PAGE 14 decisions not to proceed with a case Indecent Images …are communicated’. She of Children recommended: ‘The CPS should improve the way in which they inform PAGE 16 victims that their case will not proceed Prostitution to trial’. She also found that victims: Rape and Sexual ‘wanted to be treated with dignity and PAGE 16 Violence respect’ and ‘key to this was the issue Trafficking of ‘real choice’’. The letter offers a choice between a face to face meeting Direct Communication with Victims and a telephone conversation with the (DCV) Guidance in relation to Rape prosecutor who made the decision in and Sexual Violence their case. It also invites feedback on Guidance for prosecutors on how victims feel they have been communicating with victims in relation treated by CPS. to rape and other sexual offences has recently been updated on the CPS HMCPSI found examples of letters: Infonet. Offence Definitions and Sample ‘where cases were dropped through no Letters in Part 2 of the DCV Legal fault of the victim and the letter failed to Guidance now contain definitions of acknowledge the disappointment they offences contained in the Sexual might feel’. The audit identified as Offences Act 2003 and a new example important that the letter: ‘expresses an of an appropriate letter for a victim in a appropriate level of empathy with the rape case. The guidance can be victim’. In addition: ‘More could be accessed a: done to include details of sources of http://infonet.cps.gov.uk/infonet/Legal/le support that might be available to the gal_guidance/xml_003993 victim’. Representatives of the voluntary sector, whom we consulted,

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PAGE 2 pointed out the importance of detailing contains an appropriate form of words VAW update locally available support services and for conveying this message. providing local, as opposed to national, PAGE 6 telephone numbers. This will prevent The update to the legal guidance also Domestic the victim potentially having to make contains a very useful list of Do’s and Violence several calls in order to obtain the local Don’ts for those writing DCV letters PAGE 10 details. please follow the link below for a copy: http://infonet.cps.gov.uk/infonet/idcplg? FM, HBV and HMCPSI previously recommended the IdcService=GET_FILE&dDocName=do FGM inclusion of a: ‘clear telephone number c_033576&RevisionSelectionMethod=l PAGE 11 and name in case the victim wished to atest&allowInterrupt=1 Rape and contact CPS’. It is crucial that any Sexual Violence number provided to a victim will be The quality of DCV letters in rape cases will be monitored as part of the answered. Connecting with the PAGE 12 CQSM framework. voicemail of someone who is rarely at Child Abuse their desk would be a cause of deep frustration for a caller. PAGE 14 Indecent Images Commenting on a specific rape case of Children they had examined and the explanation for a decision not to proceed HMCPSI Child Abuse PAGE 16 said it: ‘contained too much detail, Shaken baby syndrome Prostitution mentioning what other witnesses had said which contradicted the evidence of Henderson, Oyediran, Butler [2010] PAGE 16 the victim and giving quotes from the EWCA Crim 1269, June 17 2010. Trafficking defendant’s interview, which the victim may have found upsetting’. Writers The appellants, H, B and O, in joined should put themselves in the position of cases, appealed their convictions for the victim receiving such a letter or manslaughter, GBH and cruelty, and imagine how it would feel if the recipient murder respectively. All three had been was a member of their own family. It is convicted in cases involving shaken vital that we avoid any implication that baby syndrome. They sought to the reason for not proceeding with a adduce fresh medical evidence. The case is due to the victim’s own fault. CA dismissed the appeals of H and O, but allowed the appeal of B. Moses LJ Baroness Stern included a section in gave the judgment of the court. If a her review on ‘Honouring the conviction is to be based merely on the experience’. She highlighted the evidence of experts then that importance, where cases cannot go to conviction can only be regarded as court, of informing victims: ‘how useful safe if the case proceeds on a logically the information they have given will be justifiable basis. Justice in such cases in assembling intelligence that can be depended on proper advanced used to protect others…acknowledging preparation and control of the evidence that complainants are concerned not from the outset at the stage of just about themselves but also for the investigation and thereafter. common good.’ The new sample letter

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PAGE 2 The jury could only approach conflicting the Outline unless the Timetable for the VAW update expert evidence if that evidence was Child demands otherwise. marshalled and controlled before it was PAGE 6 Case Management Orders will include presented to the jury. The process of Domestic orders relating to the disclosure of narrowing the real medical issues was Violence vital as the judge should be in a position documents into the proceedings held to identify whether the expert evidence by third parties, including medical PAGE 10 from either side was admissible. records, police records and Home FM, HBV and Office information and the disclosure of FGM documents and information relating to the proceedings to non-parties. PAGE 11 Parallel care / criminal proceedings Rape and The 2008 Practice Direction Guide to Sexual Violence Case Management in Public Law Proceedings (commonly known as the Family Proceedings Rules PAGE 12 Public Law Outline (PLO)) was revised The Family Proceedings (Amendment) Child Abuse with effect from 6 April 2010. (No.2) Rules 2009 amended the Family Proceedings Rules 1991. Former Rule PAGE 14 The 2010 update refers to parallel care 10.20A was replaced by a new Part XI Indecent Images and criminal proceedings and states dealing with the communication of of Children that “… linked directions hearings information relating to proceedings should where practicable take place as concerning children. See Rules 11.2 – PAGE 16 the case progresses. The timing of the 11.9 in particular. Prostitution proceedings in a linked care and criminal case should appear in the The Family Proceedings Courts PAGE 16 Timetable for the Child.” (para 3.9) (Miscellaneous Amendments) Rules Trafficking 2009 amend the Family Proceedings The Timetable for the Child includes not Courts (Children Act 1989) Rules 1991 only legal steps but also social, care, by inserting a new Part IIC. health and education steps. Due regard is required to be paid to the Timetable to ensure the court remains child- focussed throughout the progress of the Cases of note proceedings and that any procedural A Local Authority v S [2009] EWHC steps proposed under the PLO are 2115 (Fam) – key High Court judgment considered in the context of significant regarding the medical experts’ events in the child’s life. significant difference of opinion in a non-accidental head injury case The expectations under the PLO are (shaken baby syndrome). that the proceedings should be finally determined within the timetable fixed by R v Levey (Stephen) [2006] EWCA the court in accordance with the Crim 1902 – the findings in care Timetable for the Child - the timescales proceedings could not be a final in the PLO being adhered to and being determination of the criminal taken as the maximum permissible time proceedings. The paramount for the taking of the step referred to in consideration in the care proceedings

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PAGE 2 was the welfare of the child and issues criminal proceedings was plainly VAW update of prosecution or conviction could not relevant to the outcome of the care be determined by that court. Where proceedings. The criminal proceedings PAGE 6 possible, linked criminal and care should have been heard first. Domestic directions hearings should take place Violence as the cases progressed. Legal guidance is being updated. PAGE 10 Re W (Children) [2010] UKSC 12 – the FM, HBV and presumption against a child giving FGM evidence in family proceedings could not be reconciled with the approach of PAGE 11 the European Court of Human Rights to Indecent Images of Rape and strike a fair balance between competing Children Sexual Violence rights. The effect of this judgment is that children may now be cross-examined in PAGE 12 family proceedings on the contents of The CPS Legal Guidance was recently Child Abuse their ABE interviews. updated because of the case of Crown Prosecution Service v LR [2010] PAGE 14 Re H (Children) [2009] EWCA Civ 704 – EWCA Crim 924. Indecent Images appeal by the police against refusal to of Children allow disclosure of information from In the case of CPS v LR the defendant care proceedings for further possible faced a trial on an indictment that PAGE 16 criminal investigation. Appeal allowed. alleged he had made indecent Prostitution Guidance given on the matters to be photographs of a child contrary to contained in the police application. section 1(1)(a) of the Protection of PAGE 16 Children Act 1978. It was also alleged Trafficking Re L (Care proceedings: risk he had possession of such assessment) [2010] 1 F.L.R. 790, C.A. photographs contrary to section 160(1) (Civ. Div.) - there must be close liaison of the Criminal Justice Act 1988. The between courts having the conduct of defendant pleaded not guilty. Part of care proceedings and parallel criminal his case was that at least some of the proceedings. Where a judge in care images were of women over the age of proceedings decided at a fact-finding 18, who therefore were not children hearing that the perpetrator of serious protected by the legislation. injuries to a child was one of its parents, but that it was not possible to decide The CPS offered arrangements to which, and where in parallel criminal enable the defendant and his legal proceedings the father was charged advisers to examine the material which with offences including s.18 and s.20 were deemed by the Judge as assaults and the mother with offences inadequate. The Judge ordered that including cruelty based on neglect, the the defence be given a copy of the proceedings would have revealed images subject, to appropriate material not available in the care undertakings as to the safe custody proceedings (the mother was unable to and control of the images. The cross-examine the father in those prosecution objected to the order and proceedings) and the outcome of the

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PAGE 2 did not comply with it. The Judge found The guidance goes on set out the VAW update that the non compliance with the order approach which should be followed was an abuse of process. when deciding whether or not to PAGE 6 release such material: Domestic The CPS appealed against the ruling of Violence the Crown Court Judge that the a) In cases involving a request for a proceedings against the defendant technical examination of the PAGE 10 should be stayed as an abuse of evidence, a meeting should take FM, HBV and process. The appeal was dismissed as place between defence and FGM the Court of Appeal found no basis for prosecution technical experts in concluding that the order was order to agree what should be PAGE 11 inappropriate, let alone unreasonable to supplied. If it is necessary the Rape and such a degree that interference with defence technical witness may Sexual Violence would be justified. be given private (or controlled) facilities to examine the images PAGE 12 The legal guidance has been updated at law enforcement premises at Child Abuse to ensure that everyone is aware that if reasonable hours the defendant's solicitor or counsel or PAGE 14 expert (for any reason) wishes to view b) If the person in charge of the Indecent Images the indecent photographs/pseudo- investigation considers it of Children photographs or examine the necessary, then the work may defendant's hard drive, the prosecution take place other than at police PAGE 16 should provide the defence with premises if the defence technical Prostitution suitable access to the relevant material. witness signs an appropriate Such access must enable the undertaking. PAGE 16 defendant to have private and Trafficking confidential discussions with his legal c) If the defence team cannot for advisers, unsupervised and unobserved good reason view the indecent by police officers or representatives of images at a police station, for the CPS. Whenever possible, such example in cases where the access should take place either on defendant is in custody, the police premises, or at the offices of prosecution should correspond either the defendant's solicitors or the with the defence in order too offices of the defence or prosecution agree access to the indecent expert. The accused should, of course, images by the defence team. only be permitted access whilst in the Such access can be at an company of their legal representative. appropriate venue for example a court, the defence solicitor's It will not always be the case that the office or counsel's chambers etc. defence need full access to a forensic computer image. Likewise it may not d) In situations (a), (b) and (c) always be appropriate for law above, where no agreement is enforcement agencies to deny access reached, the case should be to a forensic computer image. referred to the court to hear

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Issue no. 3 August 2010

PAGE 2 argument and, if necessary, issue identify opportunities to replicate in VAW update appropriate directions. London. PAGE 6 e) If the court directs that copies of Revising the policing/prosecution Domestic the indecent images should be strategy and policy on prostitution with Violence supplied to the defence solicitor or the newly appointed ACPO lead on counsel, prosecutors should exploitation of prostitution – DCC PAGE 10 ensure that the order contains a Simon Byrne of Greater Manchester FM, HBV and proviso that the material is to be Police. FGM released only upon the solicitor or counsel signing an undertaking as Responding to concerns raised by PAGE 11 to the safe custody and control of prosecutors and police relating to the Rape and the image etc practical administration of amended Sexual Violence sec 1 of the Street Offences Act – In the case of a technical witness, loitering and soliciting for prostitution, PAGE 12 prosecutors should ensure that the particularly around the new persistent Child Abuse order contains a proviso that the element; we are working with ACPO to material is to be released only upon the resolve and consider revised guidance. PAGE 14 technical witness signing an Indecent Images undertaking as to the safe custody and of Children control of the image etc. PAGE 16 Prostitution Trafficking PAGE 16 Trafficking

On 29 July the CPS began a three Prostitution month public consultation on its policy The CPS is currently working on: statement on the prosecution of human trafficking cases. It's purpose is to Preparation for the 2012 Games explain to those who help victims of (prostitution and trafficking for sexual trafficking what the law is, our role in exploitation) which includes training and dealing with trafficking cases and what awareness raising (particularly of our measures can be employed by police, domestic legislation); prosecutors and courts to help victims who decide to support criminal Encouraging reporting of sexual and proceedings. We hope to get feedback physical violence on sex workers, either not only on how useful and clear it is, formally or anonymously. Considering but also on what further measures can the good work of Armistead project in be considered. Liverpool to inform investigations and www.cps.gov.uk/consultations/ht_index prosecutions for violence against sex .html. workers. The prostitution policy lead will be visiting the project in August to

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Issue no. 3 August 2010

PAGE 2 Forced labour – new stand-alone Feedback VAW update offence came into force on 6 April to Thank you for taking the time to read deal with those offences where our newsletter. As always we are keen PAGE 6 exploitation can be proved but to invite your feedback on improving Domestic trafficking elements either not present the next issue. Violence or difficult to evidence. To drive up investigations and prosecutions, Please send you suggestions and PAGE 10 development of agreement with ACPO comments to: FM, HBV and UKBA GLA and CPS which we hope to [email protected] FGM publish in October 2010. or telephone 020 3357 0553 PAGE 11 Project Acumen report into trafficking Rape and for sexual exploitation to be published Sexual Violence end of August 2010 to provide Ministers and law enforcement with an up to date PAGE 12 and comprehensive estimate of the size Child Abuse of the problem of trafficking for sexual PAGE 14 exploitation. The report will be of Indecent Images Ministerial interest and is likely to attract of Children media coverage. It covers both England and Wales and publishes estimated PAGE 16 figures for the number of people Prostitution involved in prostitution that have been trafficked at a regional level. CPS PAGE 16 contributing to response. Trafficking

The provisions for trafficked victims which flow from the Council of Europe Convention on trafficking have now been in force for 12 months. A 12 month review of the effectiveness of the mechanisms to identify and refer victims to appropriate support services has recently been conducted. The outcomes will be considered together with a critical report from the Anti- trafficking third sector group to identify improvements to the processes.

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