Prosecuting Domestic Abuse in Northern Ireland: The Challenges of the Trial Process.
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Abstract
The successful implementation of a policy of criminalising coercive control requires a recognition that the trial process has evolved around the notion of determining individual factual disputes. The prosecution of coercive control requires the prosecution to be able to present a narrative which may span a considerable time period. Rules of evidence which have evolved to prove individual incidents may not so readily accommodate an offence which has taken place over time. The trial process may not also be fully equipped to deal with the nature of coercive behaviour. Drawing on experiences from England and Wales, this chapter examines the changes to rules of procedure and evidence which need to be considered alongside the introduction of a new criminal offence.