Prosecuting Domestic Abuse in Northern Ireland: The Challenges of the Trial Process.

Date

2023-10-01

Advisors

Journal Title

Journal ISSN

ISSN

DOI

Volume Title

Publisher

Routledge

Type

Book chapter

Peer reviewed

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.

Description

Keywords

Domestic abuse, Law of Evidence, Criminal Justice, Coercive Control

Citation

Robson, J. (2023) Prosecuting Domestic Abuse in Northern Ireland: The Challenges of the Trial Process. In: V. Bettinson and R. McQuigg, eds., Criminalising Coercive Control: Challenges for the Implementation of Northern Ireland’s Domestic Abuse Offence. Routledge.

Rights

Research Institute