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UK Law Reference
All Legislation
Criminal Law
c. 28
England & Wales

Domestic Violence, Crime and Victims Act 2004

View on legislation.gov.uk

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

2012Domestic Violence, Crime and Victims (Amendment) Act 2012

Extended the s.5 offence to cover causing or allowing serious physical harm, not only death.