Prosecute Billy for the Alleged Assaults Essay Example | Topics and Well Written Essays - 2000 words

Prosecute Billy for the Alleged Assaults - Essay Example Association of Chief Police Officers (ACPO and Crown Prosecution Service (CPS) have issued the guidelines in order to stipulate how to handle domestic violence complaints and make prosecution of the perpetrators. Domestic violence, also termed as domestic abuse, can attract action under both criminal law and civil law. In the present case, Hilda has been assaulted by her husband Billy resulting in her hospitalisation. In an inebriated condition, he has also assaulted the nurse at the hospital where he was refused permission to see his wife. Given this scenario, the prosecution and police authorities are required to ensure the following actions are adhered to. Protection to Victims First step in response to domestic abuse incident or report is to ensure protection to the victim, her children and police officers involved in the investigation and prosecution from likely harm by the perpetrator both while receiving calls and after the violence report has been registered. Though this may not apply to the present stage, it is worth mentioning that if the suspect/perpetrator has not left the scene while the call is being received, the caller should be kept on the line and have the background noise tape-recorded through a 999 call which could capture the victim’s and the suspect’s voice and be a crucial evidence for prosecution and helpful in monitoring the incident. If the suspect has left the scene of occurrence, the victim or caller should be asked to lock and secure the premises and comeback to the phone and then take full description of the suspect for being circulated to the area officers (CPS, 2009). Prosecution Now that Hilda’s husband Billy, the perpetrator has already been arrested, the following pages will discuss how the Crown Prosecution Service (CPC) will proceed with prosecution and help victims through prosecution. The guidance document of the CPS is of particular use for legal professionals supporting victims of domestic violence. The CPS has been entrusted with the prosecution of cases probed by the enforcement agency who are responsible for investigating the allegations of domestic violence and collection of evidence. Billy has been arrested as is necessary in a domestic violence case to safeguard the victims who may be vulnerable with children from any further injury. CPS has the mandate to decide on a suspect being charged with and the nature of charges. Police refers cases suspected of domestic violence to CPS for deciding on prosecution or otherwise. CPS is not the legal representative of victims and not authorised to act on their behalf but must be concerned with their safety and support besides considering their views. Thus, CPS initiates prosecutions for domestic violence on State’s behalf. In case of the CPS deciding against prosecution, it will inform victim of the decision based on evidence furnished by the police along with reasons (CPS, 2009). Victim’s Safety CPS will send letter t o vulnerable victim or intimidated witnesses informing the decision to prosecute or otherwise within 24 hours of taking a decision and five days in all others. This is with the view to ensure victim’s safety arising out of the decisions. And it is also to