Domestic Violence Legislation and its Implementation

OVERVIEW OF GLOBAL GOOD PRACTICES
ON DOMESTIC VIOLENCE RESPONSE SYSTEMS
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in danger of further assault”. 39 Also, Emily Sack has said that “no-drop prosecutions may
have the unintended consequence of discouraging victims from reporting domestic violence
incidents, and may endanger victims by proceeding despite victims’ fears of increased risk if the
prosecution continues”. 40
Although there is no argument with the effectiveness of the mandatory model of arrest
and prosecution in increasing rates of prosecution, it however needs to be recognized that the
consent of the woman is a critical factor as the ultimate goal is to both prevent violence as well
as empower her to deal with situations of violence. Hence, instead of a mandatory requirement
of arrest, a “pro-arrest” policy as well as responsible prosecution is being increasingly
advocated for.
Multi-Agency Risk Assessment Conference (MARAC) Model of coordinated
response: The MARAC model is an innovation in improving multi-agency coordination, with
service delivery and risk management as its goal. Initiated by the Cardiff Women’s Safety Unit in
2003, 41 MARACs are regular conferences on a case of domestic violence. They bring together
all agencies, including criminal justice organisations and other agencies involved in the case
and providing support services. They discuss the actions taken and the problems and decide
on measures to improve safety and better access to justice for the complainant. The signifi cant
aspect of the MARAC is that the conference involves “high-risk” cases of domestic violence 42
and is intended to reduce the possibility of repeat victimization. “By sharing information and
working together through the MARAC process the outcomes for the survivors of domestic
violence incidents can be improved. The conference is usually held on the complainant’s
behalf and they will not usually attend but there may be some cases where the complainant’s
attendance becomes necessary”. 43 The decision to take a case to a MARAC lies with the
agencies involved. While the complainant has the right of refusal, she will have to provide
suffi cient reason. However, even in such a case, the agency may still decide to refer it to the
MARAC. The woman is updated as to the course of action decided upon by the agencies, and
the case is given priority within the system. Hence, the MARAC is an innovative tool to ensure
coordinated handling and improved risk management of a case by agencies. The meetings
“yielded substantial improvements both to the practice of professionals and to the
safety of victims and their children”.
Special Domestic Violence Courts and Therapeutic Justice – Dade County
Domestic Violence Court and Vancouver Domestic Violence Court: These specialized
domestic violence courts were developed as part of the coordinated response of the justice
39 Ibid.
40 Supra note 60.
41 It was in April 2003 that the fi rst multi-agency risk assessment conference (MARAC) was held in the Welsh capital bringing together
16 agencies, including police, probation, local authority, health, housing, refuge and the Women’s Safety Unit (WSU). The evaluation
of Cardiff MARACs showed that they were successful at improving the safety of victims, as measured by the decrease in the number
of police complaints and police call-outs and telephone interviews with victims. Jan Pickles & Amanda Robinson; Risk assessment
and domestic violence: the multi-agency MARAC model of intervention; .
42 Whether a case is “high risk” is usually determined by an assessment of the facts and circumstances surrounding it. The risk
factors may include nature of the abuse, previous behaviour or criminal record of offender, threats issued or access to weapons, the
woman’s perception of risk she is facing, and abusive habits of the perpetrator. In fact, section 115 of the Crime and Disorder Act
1998 provides that there must be “substantial chance” rather than a mere risk. North Lincolnshire Council; Safe Neighbourhoods;
Multi-agency Risk Assessment Conference (Frequently Asked Questions).
43 North Lincolnshire Council; Ibid.