1 Domestic violence information

The criminal law
If you call the police
Always call 999 in an emergency so the police can provide immediate
help. They may arrest a violent perpetrator if they have committed a
criminal offence. It is their decision whether to arrest or not and not
the survivor’s.
The Metropolitan Police Service has a positive action policy in relation
to domestic violence so an investigating officer should complete a
124D form (which involves conducting a risk assessment of the
survivor) and justify the reasons why an arrest has not been made if
there is the power to do so i.e. a criminal offence has been committed.
The police will then pass the case to the local police Community Safety
Unit. Community Safety Units are the investigation teams for domestic
violence (as well as race and homophobic crime). They can also
support survivors in finding ways to keep safe. You can find their
number through your local police station or in the phone book.
The police will take a statement from the survivor. The survivor should
be given a copy of this statement and be given contact details for
domestic violence support services. The survivor will be asked to
sign their statement to say that it is true. The police will also gather
other evidence that may be available such as medical records,
statements from neighbours and they should also take photographs
of any injuries sustained.
It is not possible for a survivor to press or withdraw the charges. It
is a common myth that this is the survivor’s decision, but in fact only
the police and the Crown Prosecution Service can decide whether to
charge and prosecute. The only action the survivor can take is to
withdraw their willing co-operation with the prosecution. If there is still
enough evidence of the crime, the case may still go to court and the
survivor may be compelled by law to give evidence.
If a violent partner is arrested
If they’re arrested they’ll be taken to the police station. If charged
with a crime, they may be released on bail while the police complete
their investigation. Usually, there’ll be conditions attached to the bail
such as an order to stay away from and not communicate with the
survivor either directly (e.g. in person or by phone) or indirectly (e.g. by
sending messages via someone else). If they ignore these conditions,
they can be arrested and may be kept in custody until the court case.
If the perpetrator pleads guilty the victim doesn’t have to go to
court. They may however be asked to give a ‘victim impact statement’
to describe the effect the abuse has had on them. This would be
considered when the court decides the sentence.
If the perpetrator pleads ‘not guilty’ the survivor may have to go to
court to give evidence. If this happens it may be useful to contact
your local Victim Support or an Independent Domestic Violence
Advocacy Service (IDVA) who can answer any questions about the
court process. IDVAs can also attend court with a survivor.
The Crown Prosecution Service may also have a meeting with a
survivor before the court case to find out if there are things they can
do to help them to give evidence, such as see if they are eligible for
special measures (for example, a screen to be used in court) or for
video recorded evidence to be given.
If the violent partner is harassing the survivor (calling repeatedly,
coming round uninvited, etc.) a survivor can report it to the police
and they can issue the perpetrator with a formal caution under the
Protection from Harassment Act.
If the abuse does not stop after being cautioned, the perpetrator can
be arrested and could face up to 5 years in prison. This makes it more
powerful than an injunction and incurs no financial cost to the survivor.
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© Stella Project Section 3 - Domestic Violence
© Stella Project Section 3 - Domestic Violence 109