Prosecuting Domestic Violence: New Solutions to Old Problems?

Abstract

Drawing on empirical data gathered at two courts in the north of England, this paper examines the administration of courts and the occupational cultures of practitioners and court staff running domestic violence trials in the magistrates' courts. The paper evaluates the practical outcomes of recent moves by the Crown Prosecution Service (CPS) to improve conviction rates for these cases and the impact this has had on victims of domestic violence who are reluctant to give evidence. The resultant discussion examines the role of domestic violence victims in the decision to prosecute. It is argued that no radical alteration of the present system of trials in England and Wales is required to fulfil the expectations of these victims, but rather occupational cultures must be adapted to civilise that system, treating domestic violence victims as contributors to and participants in the process rather than as representatives of a particularly difficult and problematic source of work.