Avoidance of Delay
- The prosecutor should seek to ensure that the case proceeds expeditiously and without any undue delay, because:
- the delay may distress the victim;
- the longer the delay, the longer the victim will be at risk and under pressure;
- the delay may adversely affect the willingness of the victim to testify, or, in the case of a child, the capacity to recall the details of the offence.
- The Department has adopted various administrative procedures to ensure that domestic violence cases are identified and that they are processed expeditiously. These procedures include:
- legal advice in domestic violence cases will be provided as soon as possible upon receipt of the case files from the police, irrespective of the venue of trial;
- advice will be given on an urgent basis even when the full transcripts of video-recorded statements or translations of documents are not available on the file;
- where possible domestic violence cases will be tried in Chinese.
- If a delay is unavoidable, the victim should be informed of the position by the police, and the reasons for the delay.