Domestic Violence Cooler Time - Frightening Extension of Police Powers

Proposals to substantially increase Police powers in connection with domestic violence incidents introduced by the past Labour Government are likely to be taken up by the new Coalition Government.

When the Police attend at the scene of an alleged domestic violence incident they may remove the person they conceive as the perpetrator and require them to be removed from their home for at least the next forty eight hours. This will be despite a complete lack of evidence sufficient to allow any criminal charge. The Government suggests this would be an appropriate way to proceed, bearing in mind that often the victims are distraught and unable or unwilling to provide a Statement to support any Prosecution for assault or other acts of domestic violence.

The proposals would then allow the Police to go to Court to extend the forty eight hour period for a further extension of up to four weeks depriving the alleged perpetrator of their home for that period of time.

Whilst ABM Solicitors are supportive of steps to reduce and deal with the effects of domestic violence and wish to protect victims and families, there are grave concerns about this extension of Police powers and in our view a complete failure to understand or indeed deal with the very real problems of domestic violence that need to be addressed. Not to mention the complete sidelining of the rules of law and Human Rights.

The new domestic violence bill, if it was to come into force, would mean that effectively the Police could make a very severe deprivation of a person’s liberties by requiring them to be absent from their home without any sufficient evidence at all, perhaps based on little or no real cogent evidence, maybe even relying on hearsay and innuendo. The effects can be detrimental upon families and alleged perpetrators and would not address any root causes of domestic violence and certainly would not be of any support to the victim or family or seek to assist the family or prevent any future domestic violence. ABM Solicitors would strongly support interventions and referrals to other bodies to support the victims of domestic violence and to address the problems that underlay domestic violence and seek to assist not only the victims and their families but also the perpetrators themselves. At the very least the proposed sanction of removal from the home might result in a return at a later date with a vengeful alleged perpetrator.

The proposals place the Police in a situation where a judgement has to be made concerning a situation where the position is unclear and consequently a judgement call is quite likely to be incorrect. There must also be concern that the Police may be misused in domestic disputes that should not involve criminal law. ABM Solicitors are very concerned about this proposed change and were hopeful that the new Coalition Government were going to take a less draconian view of domestic violence in terms of criminal law and instead engage more social welfare actions in order to actually deal with and solve problems.

Our experience at ABM Solicitors has been even in cases of clear violence that families have needed to work together to ensure a safer future especially where children are involved. There need to be intervention in domestic violence situations, but not a move which effectively sets the Police up as Judge and Jury.