As the starting point in deciding whether to prosecute a case involving domestic violence, prosecutors will first evaluate the evidence and consider whether public interest require a prosecution to be pursued. The prosecutor will also take the views of the victim into account, without treating them as determinative.
The prosecutor will obtain information about the family circumstances and the likely effect of a prosecution on the members of the family. In general, the more serious the offence the more likely it is that the public interest will require a prosecution, even if the victim does not wish to co-operate.
On rare occasions, the public interest might not require a prosecution in cases involving domestic violence. It is addressed in the Policy the relevant considerations and other aspects on prosecuting cases involving domestic violence.
For more information, please refer to the Policy for Prosecuting Cases Involving Domestic Violence (2009) –
|INTRODUCTION||1 - 6|
|Definition of Domestic Violence||7 - 10|
|Role of the Department of Justice||11 - 13|
|Charging Policy||14 - 17|
|The Reluctant Witness||19|
|When the Victim withdraws Support||20 - 21|
|Prosecuting against the Wishes of the Victim||22 - 23|
|Avoidance of Delay||24 - 26|
|Bail||27 - 29|
|Binding Over||30 - 32|
|Offence against Public Justice||33|
|Support for Witness at Court||34 - 35|
|Status of Spouse||36 - 38|
|Sentencing||39 - 41|