Proving Domestic Violence Allegations with No Complainant

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Course Overview

The failure of a complainant to attend trial in domestic violence cases may no longer be fatal to the CPS and the prosecution will want to press on nevertheless. Recent case law assists that end.

Topics

  • A reminder of who has to prove what and when.
  • How the police interview affects the defence advocate’s options at trial
  • Exploiting the police interview when you prosecute
  • Proving the case using a confession alone
  • Res gestae –what is it? Why is it admissible? Who can adduce it?
  • Challenging the weight of res gestate
  • Hearsay under s114 CJA 2003
  • Hearsay under s116 CJA 2003
  • Relying on witnesses other than the complainant
  • R v Barnaby [2015] 2 Cr. App. R. 53(4) –using a 999 all to prove the case
  • R v Higgins [2015] EWHC 4129 (Admin)–rebutting self-defence in the complainant’s absence
  • How case management decisions affect the advocate’s options at trial

What are the requirements?

  • This course provides 0.5 – 1 CPD point (depending on length of time spent considering the discussion questions and completing the evaluation form)
  • Watch 0.5 - 1 hour recorded webinar

Learning Outcomes

  • On completion of this course you will: Appreciate how events at the police station and decisions taken at the first hearing/PTPH may limit the advocates’ options on the day of trial. Know how a No Comment interview impacts on the defendant despite the complainant’s non-attendance Understanding when a confession alone may suffice to convict Recognise when the CPS will want to use hearsay and whether they can deploy it Be able to identify res gestae and object to admissibility in the right cases Understand that the absence of a complainant need not be fatal to a conviction Have learnt to attack the weight of evidence rather than admissibility

What is the target audience?

  • Suitable for all advocates

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About Instructor - Olwen Davies

Admitted in 1990, Olwen is freelance solicitor-advocate with extensive experience in both defence and prosecution work from the magistrates' court to the Court of Appeal. Olwen has lectured at post- graduate level and has presented many CPD courses for the legal profession, the police, Health and Safety Executive and others. Olwen is the co-author of Jordan's Criminal Practitioners Guide to the Criminal Justice Act 2003 and is an avid supporter of Save UK Justice and the campaign to stop cuts to legal aid and the criminal justice system.

Course Curriculum

Recorded Webinars

  • Webinar
    00:28:09

Documentation

  • Discussion Points
    2 Page
  • Slides
    41 Page

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  • Price
  • £ 60