Calls to make domestic violence a ‘separate criminal offence’

The Law Commission has said that domestic violence should be handled as a separate and specific criminal offence.

Speaking in a consultation launched on Wednesday, the Commission said domestic violence was unlike other classifications of violence due to the specific harm it causes to relationships.

The proposals come after David Cameron and other senior ministers proffered their support for such a measure over the summer.

Recently, supporters of anti-domestic violence groups have called for more protection for victims, saying that current laws do not provide enough support.

Speaking through the consultation, the Commission said: “In addition to the wrong implicit in all unjustified acts of violence, domestic violence involves wrongs peculiar to it: abuse of trust and destructions of the sanctity of a relationship.”

If domestic violence were a separate crime, related acts of violence could be tried by a magistrate, rather than costly and long Crown Court prosecutions.

Professor David Ormerod QC, law commissioner for criminal law and evidence, said the current laws for prosecuting violence were “confusing and out of date.”

He said: “Our scoping paper lays a substantial foundation for a clear, modern statute providing a coherent scheme of structured, clearly defined offences that can be readily understood and efficiently prosecuted.  We are asking consultees to tell us how the law can best be reformed to achieve this goal.”

Meanwhile, Polly Neate, the chief executive of Women’s Aid, part of a Domestic Violence Law Reform Campaign, said: “There are already laws dealing with physical and sexual violence and these must be properly implemented, as currently they often are not.

“We urge the government to close the gaps in the law to offer better protection to women and children who are victims of domestic violence.”