Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

224 PRACTITIONERS GUIDE No. 12
Is there a continuing threat to the health and safety of
the victim?
Is there a continuing threat to the health and safety of
anyone else involved?
What is the current state of the victim’s relationship
with the defendant and the effect on that relationship of
continuing with the prosecution against the victim’s
wishes?
Has there been any other violence in the history of the
relationship?
Does the defendant have a criminal history, particularly
in relation to any previous violence? 595
The areas for consideration indicate that if the offence was of a
serious nature and there is a continuing risk of further violence,
then it is more likely that prosecution should continue, even
where this is contrary to the wishes of the victim.
Conflicts regarding the initiation of prosecutions
Violence against women typically entails serious criminal
conduct and it is an important expression of the rule of law for
the police and prosecutors to investigate and, where admissible
evidence exists, to prosecute criminal conduct. In some
jurisdictions, violence that is seen as “minor” can only be
prosecuted if the victim presses charges. However,
international standards require that police and other
prosecution authorities have the primary responsibility for
initiating prosecutions in cases of violence against women
“regardless of the level or form of violence”. 596
Judicial review for police and/or prosecutors who fail to
prosecute should be available. 597 EU Member States are
595
Ibid.
596
Updated Model Strategies and Practical Measures, above note 559,
paragraph 15(b).
597
Directive 2012/29/EU of the European Parliament and of the
Council of 25 October 2012, “establishing minimum standards on the
rights, support and protection of victims of crime, and replacing
Council Framework Decision 2001/220/JHA, Article 11.