ABSTRACT

This chapter seeks to explore the elements which are needed in order to provide an effective criminal justice response to domestic abuse. The chapter discusses the problems involved in fitting the issue of domestic abuse into the criminal justice system, and examines academic literature on what is needed in order to provide an effective legislative response. Literature focusing on the roles played by three key constituent parts of the criminal justice system – the police, the prosecution service and the courts – is also discussed with the aim of establishing what is necessary in order for these agencies to provide effective responses to victims of domestic abuse. In addition, after providing some background information on the conceptualisation of domestic abuse as an issue for international human rights law, the chapter proceeds to examine human rights standards regarding the provision of an effective criminal justice response to domestic abuse.