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However, The Main Failure Of The Act Is Not That It Creates New Criminal ...


However, the main failure of the Act is not that it creates new criminal sanctions in respect of domestic violence, but rather that it misses an opportunity to give civil courts a greater range of sentencing options to choose from which reflect the sentencing options enjoyed by the criminal courts, such as a greater range of non-custodial sentences including community penalties and rehabilitation orders with conditions imposed for example attendance at anger management classes. A more radical departure, but one in line with the goal of empowering the victim, would be to give the courts powers to impose community rehabilitation type orders on victims.
A court imposed order may make it easier for a victim to comply and therefore assist in empowering them to overcome their dependence on the abuser. The one drawback is that should a victim fail to adhere to the conditions of an order, the court would have limited powers as a custodial sentence would clearly not be appropriate. However, by tackling the issue of dependence rather than solely dealing with the offender, the courts would then be in a position to genuinely effect change in respect to this criminal justice area.
The prevention of domestic violence is an extremely complex policy area. Those developing policy in this area must take into account the roles and objectives of many diverse stakeholders while at the same time balancing the intervention of the state in family life with Article 8 of the Human Rights Act which requires that everyone has the right to respect for his private and family life, his home and his correspondence. This requires a fine balancing of different policies and objectives. With the introduction of the Domestic Violence, Crime and Victims Act 2004, the government may have lost a real opportunity to make a change to the way domestic violence is dealt with within the criminal justice system.


BIBLIOGRAPHY

Aldarondo, E. & Mederos, F. (eds.) (2002), Programs for Men who Batter: Intervention and Prevention Strategies in a Diverse Society, Civic Research Institute, New Jersey
Boyfriend was stabbed 46 times in 'honour killing', court told, 6th October 2005, taken from http://www.timesonline.co.uk/article/0,,2-1813149,00.html
Buzawa, E. S. & Buzawa, C. G. (2003), Domestic Violence: The Criminal Justice Response, Sage Publications, California
Carrabine, E. (2004), Criminology: A Sociological Introduction, Routledge, London
Cote, S. (ed) (2002), Criminological Theories: Bridging the Past to the Future, Sage Publications, California
Cullen, F. T., Ball, R. A., & Lilly, J. R. (2002), Criminological Theory: Context and Consequences, Sage Publications, California
Dawes, C. E.

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