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Caroline Flack Prosecution

Caroline Flack – the issue of whether to prosecute

Despite what you may think domestic violence is nothing new.  Couples have always fallen out, and occasionally it can escalate to violence, either minor or major.

When the violence was minor and there was no obvious history of it, the Police would be called and, in order to take the heat out of the situation, take one party or the other out of the house to the Police Station where they would be kept overnight and then in court they would then be bound over to keep the peace for a period of usually 6-12 months. 

The power to “bind over” is still available to the Police but is hardly ever used.

The majority of murders are still family related and so the reduction of domestic violence can be a political issue.  The Crown Prosecution Service (CPS) and the Police have to take domestic violence seriously and prosecute it.  If the evidence is there (usually consisting of a complaint by the victim) then they will prosecute whether or not the victim wishes to withdraw any complaint.

So individual Prosecutors don’t decide: it’s a matter of policy.

The same policy thinking applies to Domestic Violence Protection Orders where one party can be suddenly removed from the family home for up to 4 weeks with or without the co-operation of the alleged victim.

So the law is there to protect people whether they seek protection or not.  If a complaint of domestic violence, or indeed coercive or controlling behaviour, is made it will be taken seriously by the Police, the Crown Prosecution Service and the Court irrespective of the subsequent wishes of the victim.  This is probably what happened in Caroline Flacks case. 

If you need any Legal advice or support when involved with the Police, contact us now on 01606 592159.