Law Reform in Action Flashcards
What law reforms have there been in domestic violence?
- ADVO’s (apprehended domestic violence
order) - Strangulation
- Domestic coercive control bill
- Domestic Violence Evidence in Chief (DVEC)
What is an ADVO?
An apprehended domestic violence order
When was ADVO’s reformed?
2014
Under what act were ADVO’s reformed?
Crimes (Domestic and Personal Violence) Act 2007 section 16
What was under the Crimes (Domestic and Personal Violence) Act 2007 section 16?
“A court may, on application, make an apprehended domestic violence order”
Why was the Crimes (Domestic and Personal Violence) Act 2007 reformed in 2014
Victims and police had to wait to get an ADVO and couldn’t get immediate protection
What did the reform of Crimes (Domestic and Personal Violence) Act 2007 reformed in 2014 mean for victims and police?
Could issue interim or provisional orders reducing wait times and providing more immediate interventions
What did the Crimes (Domestic and Personal Violence) Act 2007 improve in relation to REARCHAMP?
responsiveness and effectiveness
How long can officers restrain offenders for under the Crimes (Domestic and Personal Violence) Act 2007?
max 2hrs
According to the Bureau of Criminal Statistics and Research, as of June 2015, _____ people were protected by an ADVO
37 690
What source does this belong to?
as of June 2015, 37 690 people were protected by an ADVO
the Bureau of Criminal Statistics and Research
What does this:
the Bureau of Criminal Statistics and Research -> as of June 2015, 37 690 people were protected by an ADVO
highlight about the ADVO reform in 2014?
It’s effectiveness
What does the ADVO reform add as a civil matter?
Lower standard of proof based on the balance of powers enabling easier access
How does the civil matter in ADVO reform limit effectiveness
civil action does not have the stigma of a criminal charge
What case to use for ADVO reform?
Jessica Silva - didn’t report ex-partner to police thinking reporting would automatically activate the ADVO process
What source use of Jessica Silva case?
(Hoerr, 2014)
What does Jessica Silva’s case show about ADVO’s
lack of accessibility to information regarding ADVOs and procedures
Last sentence for ADVO paragraph
Whilst ADVO’s are mostly effective in protecting victims, the lack of enforcement and poor police responsiveness to breaches leave ADVOs and the related law reform only moderately effective
Why was Strangulation reformed?
To increase conviction rates of offenders
Under what act was strangulation reformed?
Crimes Legislation Amendment Act 2018 section 37
What was under the Crimes Legislation Amendment Act 2018 section 37?
offender is charged if they “choke, suffocate or strangle a person without their consent”
What did the Strangulation reform change about conviction?
Changing conviction to be based on the victims consent rather than proving the victim was unconscious
What effect did the strangulation reform have on charges?
Boosted number of charges
What source used for strangulation reform?
Gregoire and Nedim (2020) - “899 charges were laid” within 12 months
Cormack (2019) - “one-and-a-half times the number of convictions than the previous four years combined”
Last sentence for strangulation paragraph
Therefore, the reform for strangulation has been highly effective responsive to issues of domestic violence in the legal system
Strangulation:
where is this source from?
“899 charges were laid” within the first 12 months
Gregoire and Nedim (2020)
Strangulation:
where is this source from?
“one-and-a-half times the number of convictions than the previous four years combined”
Cormack (2019)
What is the source info for:
Gregoire and Nedim (2020)
“899 charges were laid” within the first 12 months
What is the source info for:
Cormack (2019)
“one-and-a-half times the number of convictions than the previous four years combined”
What is a Domestic Violence Evidence in Chief?
A video or audio recording of the domestic violence ‘complainants’ to be admitted as evidence in chief during a hearing
What does DVEC mean for victims?
Victims can tell their story in their own words
What are the advantages of DVEC?
- Reduces trauma for victims
- Reduces difficulty of remembering details
- Increase victims ability to give an accurate
account - Save time in court
