Domestic Abuse

Question 1

Definition of Domestic Abuse

Answer 1

Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality

Question 2

Family

Definition

Answer 2

Parents, children, siblings, grandparents, in laws, step family may include uncles aunts and cousins

Question 3

Abuse

Definition

Answer 3

Psychological, physical, sexual, financial, emotional

Question 4

Section 76 Serious Crime Act 2015
Controlling or Coercive Behaviour
Summary - 5 years on Indictment

Answer 4

repeatedly or continuously engages in behaviour towards another person that is controlling or coercive, AND, at the time of the behaviour both parties are personally connected AND he behaviour has a serious effect on the victim and the offender knows or ought to know that the behaviour will have a serious effect on the victim

Question 5

Section 76

Points to Prove

Answer 5

Know/ought to know behaviour will have a serious effect
personal connection
repeat or continuous.

Question 6

Section 76

Defences

Answer 6

Honest held belief acing in the best interest. The behaviour needs to be reasonable UNLESS it caused fear of violence

Question 7

Section 16 Offences against the Persons Act 1861
Threats to Kill
Summary - Community Order
10 Years on Indictment

Answer 7

A person who without lawful excuse makes to another a threat to kill, intending that the other or a third party would fear it would be carried out, shall be guilty of an offence

Question 8

Section 16 Defences

Answer 8

Prevention of a crime, self-defence, impossibility, duress, mental impairment, intoxication

Question 9

Section 16 Points to prove

Answer 9

Suspects Intent

Question 10

False imprisonment
Common Law
Indictable
Life on Indictment

Answer 10

The unlawful and total restrain of the personal liberty of another, whether by constraining them or compelling them to go to a particular place or by confining them in a prison or police station or private place or by detaining them against their will in a public place

Question 11

False Imprisonment

Defence

Answer 11

Legal arrest, Shopkeeper (shoplifter detained), restraining a minor (within reason)

Question 12

False Imprisonment

Points To Prove

Answer 12

Imprisoned, detained, arrested against their will and unlawfully

Question 13

Kidnap
Common Law
Indictable
Life on Indictment

Answer 13

The taking or carrying away of one person by another, by force or fraud, without the consent of the person so taken or carried away and without lawful excuse

Question 14

Kidnap

Defence

Answer 14

Lawful Arrest

Question 15

Kidnap

Points To Prove

Answer 15

Without lawful excuse – by force or fraud – taken/carried away without consent
Can change their mind after giving initial consent

Question 16

Section 5 Domestic Violence Crime and Victims Act 2004
Summary
14 Years on Indictment

Answer 16

IF a child or vulnerable adult (V) dies or suffers serious physical harm as a result of the unlawful act of a person who was a member of the same household and had frequent contact with him. The defendant was such a person at the time of the act whereby there was a significant risk of serious physical harm being caused to the child or vulnerable adult by the unlawful act of such a person AND the defendant was the person whose act caused the death or serious physical arm OR the defendant was, or ought to have been, aware of the risk mentioned, failed to take such steps as he could reasonably have expected to take to protect V from the risk AND the act occurred in circumstances of the kind that D foresaw or ought to have foreseen.

Question 17

What does DASH stand for?

Answer 17

Domestic Abuse, Stalking, Harassment and Honour based Violence
Risk Model

Question 18

High Risk Definition

Score of 14 or more on the DASH form

Answer 18

A risk which is life threatening and/or traumatic and from which recovery, whether physical or psychological, can be expected to be difficult or impossible

Question 19

Medium Risk Definition

Between 7 and 14 on the DASH form

Answer 19

The offender has the potential to cause serious harm but is unlikely to do so unless there is a change in circumstances

Question 20

Standard Risk Definition

Below 7 on the DASH form

Answer 20

Current evidence does not indicate the likelihood of causing a serious crime
Standard does not mean that there is no risk