Domestic Violence
Early Evaluation of Domestic Violence Crime and Victims Act 2004
This study was commissioned to provide an early evaluation of some of the measures of the Domestic Violence, Crime and Victims Act 2004.
Title: Early evaluation of the Domestic Violence, crime andVictims Act 2004
Author: Marianne Hester, Nicole Westmarland, Julia Pearce and Emma Williamson
Number of Pages: 53
Date published: 14th August 2008
Availability: Download full report 
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The report focuses on the three measures of the Act that were implemented during the evaluation period:
- making common assault an arrestable offence*
- making it an arrestable, criminal offence to breach a non-molestation order
- extending the civil law on domestic violence (to ensure cohabiting same-sex couples have the same access to non-molestation and occupation orders as opposite sex couples, and non-molestation orders are available to couples who have never cohabited).
* Although this measure was superseded by the Serious Organised Crime and Police Act 2005, which amended the list of arrestable offences making all offences arrestable, this is still included within the scope of this evaluation.
Aims
The report aimed to:
- establish baseline data against which to evaluate the implementation of the new measures;
- provide an early snapshot (to December 2007) of progress towards implementation;
- identify emerging issues and offer recommendations for policy and (good) practice in relation to implementing the measures, and in relation to improvements that can be made to current data collection.
The report focuses on the 3 measures of the Act that were implemented during the evaluation period, i.e. making common assault an arrestable offence; making it an arrestable, criminal offence to breach a non-molestation order; and extending the civil law on domestic violence (to ensure cohabiting same-sex couples have the same access to non-molestation and occupation orders as opposite sex couples, and non-molestation orders are available to couples who have never cohabited).
Findings
Making common assault an arrestable offence
Professionals viewed being able to arrest for common assault as a positive move that provided clarification of existing good practice. Arrests as a proportion of incidents did not show an increase in South Tyneside. In Croydon the proportion of incidents resulting in arrest showed an increase between 2005 and 2006 and decrease from 2006 to 2007. These features need to be examined over a longer period before any significant patterns may be ascertained
Criminalising the breach of a non-molestation order
Professionals expressed concerns about the phased entry of the new measure with different time limits for different jurisdictions, which was causing confusion among legal professionals and the police. Victims/survivors were generally supportive of heavier sanctions for breaches, and were especially concerned with enforcement. Following criminalisation of breach of a non-molestation order the number of applications and orders decreased when compared with the previous year.
Extending availability and use of protection orders
Both professionals and victim/survivors supported that non-molestation and occupation orders be made available to same sex relationships and to couples who have never lived together. The proportion of incidents recorded as common assault went up over the three years in both South Tyneside and Croydon.
Getting a copy
Download the full report PDF 0.28Mb
Last update: Wednesday, September 03, 2008