Last amended by Domestic Violence, Crime and Victims (Amendment) Act 2012 in 2012. Extended the s.5 offence to cover causing or allowing serious physical harm, not only death.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Domestic Violence, Crime and Victims Act 2004 strengthened protection for victims of domestic violence, created a new homicide-related offence to deal with deaths within the household, and reformed the position of victims in the criminal justice system. It made breach of a non-molestation order a criminal offence (s.1), created the offence of causing or allowing the death of a child or vulnerable adult (s.5) — which addressed the evidential difficulty of identifying which household member was responsible — and extended the availability of restraining orders, including on acquittal (s.12). It also placed a statutory Code of Practice for Victims of Crime on a statutory footing and established the Commissioner for Victims and Witnesses.
Key Points
- Made breach of a non-molestation order a criminal offence (s.1)
- Causing or allowing the death of a child or vulnerable adult (s.5) — members of the same household may be liable
- Restraining orders available even on acquittal (s.12)
- Common assault made an arrestable (later, an either-way) offence
- Statutory Code of Practice for Victims of Crime (s.32)
- Commissioner for Victims and Witnesses established (s.48)
Parts & Sections
Amendments History
2012 — Domestic Violence, Crime and Victims (Amendment) Act 2012
Extended the s.5 offence to cover causing or allowing serious physical harm, not only death.
Frequently asked questions
- Is it a crime to break a non-molestation order?
- Under the Domestic Violence, Crime and Victims Act 2004, it is a criminal offence to breach a non-molestation order without a reasonable excuse. This provision amends the Family Law Act 1996 to ensure that victims of domestic violence receive stronger legal protection against further harassment or abuse from individuals subject to such court orders.
- Who can be charged with causing or allowing the death of a child or vulnerable adult?
- Section 5 of the Act creates an offence for members of the same household who had frequent contact with the victim. Liability arises if they caused the victim's death or failed to take reasonable steps to protect them from a foreseeable risk of serious harm. This addresses the difficulty of identifying which specific household member was responsible for the victim's death.
- Can a restraining order be issued if someone is found not guilty?
- Yes, the Act extended the availability of restraining orders to include situations where a defendant has been acquitted of a criminal charge. A court can impose a restraining order in these circumstances if it is necessary to protect a person from harassment, ensuring protection is not limited only to those who have been found guilty.
- What role does the Commissioner for Victims and Witnesses play?
- The Act established the office of the Commissioner for Victims and Witnesses. This role was created to promote the interests of victims and witnesses within the criminal justice system. Additionally, the Act placed a statutory Code of Practice for Victims of Crime on a statutory footing, requiring the Secretary of State to issue guidelines on services provided to victims.