The Police, Crime, Sentencing and Courts Act 2022 amends the Criminal Justice Act 1988 by extending the time limit for commencing a Prosecution for common assault and battery where the alleged behaviour amounts to a domestic abuse as defined within section 1 the Domestic Abuse Act 2021.
Helen Holder of Kangs Solicitors comments upon the new position.
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Reasons For and Effect of Change | Kangs Offences Against The Person Defence Solicitors
- Reports in the press claimed that almost thirteen thousand domestic abuse cases in England and Wales have been dropped throughout the last five years because they had fallen foul of the legislation by not being prosecuted within the prescribed time limits.
- Previously, a six-month clock started running from the date of the alleged incident and after the expiration of this period no charges for common assault or battery could be instigated.
- From the 28 June 2022 the time limit will now begin on the date the alleged offence is formally reported to the police by way of presentation of either a Witness Statement or a Video Recording.
- The time limit for the commencement of a prosecution is now two years from the date of the alleged offence.
The Relevant Law | Kangs Assault and Battery Offences Defence Solicitors
Section 1 of The Domestic Abuse Act 2021 states:
Definition of “domestic abuse”
‘(2) Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if—
(a) A and B are each aged 16 or over and are personally connected to each other, and
(b) the behaviour is abusive.
(3) Behaviour is “abusive” if it consists of any of the following—
(a) physical or sexual abuse;
(b) violent or threatening behaviour;
(c) controlling or coercive behaviour;
(d) economic abuse;
(e) psychological, emotional or other abuse;
and it does not matter whether the behaviour consists of a single incident or a course of conduct’.
How Can We Help You? | Kangs Domestic Offences Defence Solicitors
The Team at Kangs Solicitors is able to assist you by providing the following services:
- a preliminary consultation to provide an initial assessment of your case
- representation at a voluntary interview under caution
- representation at an interview under caution following arrest
- preparation of pre-charge representations to the CPS or Police
- representation in Magistrates’ Court and Crown Court proceedings
- advice on the choice of an appropriate barrister or QC suitable for your discrete situation.
Who Can I Contact For Help? | Kangs National Criminal Defence Solicitors
Our expert 24/7 Rapid Response Police Station Team is here to assist you on 07989 521 210 should you require advice and assistance out of office hours.
We welcome enquiries by telephone or email.
We provide an initial no obligation consultation from our offices in London, Birmingham and Manchester.
Alternatively, we provide initial consultations by telephone or video conferencing.