It is not uncommon for people who have been the victims of domestic violence, including harassment and stalking, to find that having reported these crimes to the police, they receive notification that the police will not be progressing the matter any further. B P Collins' criminal team explores what can be done to reverse this decision where possible.
Being the victim of these type of offences is very tough. It is often emotionally and, sometimes, physically traumatic. A lack of proper engagement from the police can add to the sense of injustice. When a challenge to the initial police decision is made it can become quickly apparent that in some cases the police have either failed to understand the law properly or have not undertaken reasonable lines of enquiry in terms of the investigation itself and so they cannot have made an informed decision to taking ‘no further action' on the case.
Equally common, the police may respond by saying that an offence is time barred, such as common assault, without understanding the law holistically and failing to see the assault offence as part of a wider course of conduct where time limits are generally not an issue such as when it is controlling and coercive behaviour.
Very often, further digging into a ‘no further action' outcome demonstrates that the decision can be seen to be irrational. In certain cases, it is possible to go through an escalation process in order to seek a re-determination.
In dealing with these type of cases, victims should understand that a conviction in court can lead to a restraining order. Should a court grant such an order, then terms can be set for an offender such as ‘non-contact'. Failure to respect the terms of the order amounts to an imprisonable offence. This can offer long term solace to a victim. In fact, such an order can even be imposed upon an acquittal.
The recent emphasis and policies by the police on protecting women and girls are to be commended but that policy must be supported by proper and effective investigations to achieve its full potential.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.