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The Justice of the Peace
DOMESTIC VIOLENCE PROTECTION ORDERS
The Justice of the Peace
on the 11
March 2014 at 12:07
- Posted in
I make no apologies today for turning the clock back but before going into more detail on what I have posted in the past I would draw my reader`s attention to what has resulted from precisely these matters.
From 8th March 2014 legislation came into force allowing the implementation of
DomesticViolence Protection Orders
) across England and Wales. It is unlikely that many readers would have been aware that such game changing legislation was now in place. I would refer now to my post of
and the more detailed offering of the
This legislation was initiated by the previous government but it will be highly unlikely that the current occupant of the M.O.J. will publicise that detail. It will be trumpeted as further proof that this government is tough on criminals and has the protection of vulnerable victims as its prime concern. Whilst the latter consideration is of course most laudable the imposition of such legal hardware on those not found guilty in court of an offence the basis of which is the foundation of the DVPO is IMHO a further step to the position where rather than guilt being proved a hitherto innocent party must demonstrate that innocence.
When I was appointed part of my training was to emphasise that Justices of the Peace were as umpires to ensure a level playing field where the adversarial system of justice could be played out. Increasingly it appears that that concept is being diminished in its importance to be replaced some might argue by placing the â€œvictimâ€ of crime as the centre piece of procedures. Having the benefit of not being a lawyer my simple mind wonders where this is all leading. Is there in the future to be some sort of 21
century amalgam of the middle ages concept of justice and Sharia where the offer of â€œblood moneyâ€ has a long history? Is the sophisticated, elegant and eloquent victim to have greater input into sentencing than one less able? With the guidance on and definition of domestic abuse being open to wider interpretation than previously those subject to its reach should be ensured that that level playing field remains level.
As I have reminded new colleagues from time to time, we as
magistrates have in addition to other duties a duty of public protection. We are representatives of the people; of our society; of our neighbours. We might no longer be operating in a system of local justice so beloved of some and for which there is no longer any logical argument but unlike the professional state civil servants as are District Judges we are the nearest to a peopleâ€™s justice that is possible in a secular world of ever increasing central control. At a time where the integrity of police is quite correctly coming under increasing scrutiny the imposition of Domestic Violence Protection Orders on the say so of an alleged
and a senior police officer is just the removal of another impediment to the imposition of ever greater centralised control over the rights of free citizens.
First Domestic Violence Protection Orders granted in Bridgend and the Vale of Glamorgan
Posted on 15
Cheshire Police continue the fight against Domestic Violence.
Posted on 01
New powers help police protect victims of domestic violence in Hampshire and the Isle of Wight
Posted on 23
First custodial sentence for breach of domestic protection order
Posted on 21
RISK OF SEXUAL HARM NOTICE//MIRTH IN THE MAKING
Posted on 25
New tool for police to tackle domestic violence in the West Midlands
Posted on 30
Restraining Orders - a Note For The Hard of Thinking
Posted on 05
Domestic abuse model policy published
Posted on 02
Surrey Police cracking down on violent offences over the summer
Posted on 11
Chief Fire Officer calls on men in Norfolk to say no to domestic violence
Posted on 28
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