 PROTECTING CHILDREN AND VULNERABLE ADULTS - A NEW OFFENCE OF FAMILIAL HOMICIDE
Reference: 058/2005 - Date: 21 Mar 2005 11:02
From today a new offence of causing or allowing the death of a child or vulnerable adult comes into force.
The new offence of familial homicide, introduced in the Domestic Violence Crime and Victims Act 2004, will close a legal loophole that allows those jointly accused of the murder of a child or vulnerable adult to escape justice by remaining silent or blaming each other.
This measure puts a clear legal responsibility on adult household members who have frequent contact with a child or vulnerable adult to take reasonable steps to protect the child or vulnerable adult if they knew or should have known they were at significant risk of serious physical harm from members of that household.
The reasonable steps that an adult household member is expected to take will vary according to the circumstances of the case and ultimately it will be for the jury to decide if the person acted reasonably.
Home Office Minister Baroness Scotland said:
"It is clearly unacceptable that where we know one of a small group of people must have caused the death, but we do not know which one, those people should all escape justice. Where there are co -accused it is sometimes possible to bring charges of cruelty or neglect against them both but these charges do not reflect the seriousness of the offence.
"The new offence also reflects this Government's belief that, where adult household members have frequent contact with a child or vulnerable adult, both the person who caused the death, and the person who stood by and did not prevent it, must bear some criminal responsibility for what happened.
"The Domestic Violence Crime and Victims Act is the biggest overhaul of domestic violence legislation for thirty years and heralds tough new powers for the police and the courts to tackle offenders, while ensuring victims get the support and protection they need."
Action on Elder Abuse Chief Executive, Gary FitzGerald
"Sadly, it's not just children who suffer behind closed family doors - anyone can be a victim of domestic violence and that includes vulnerable older people, but this legislation sends out a very clear message that such abuse will not be tolerated. We know from the calls to our helpline that the majority of elder abuse takes place in the family home and, as in any abuse situation, can result in the most appalling outcomes including death.
"These tough new measures, though, will close a loophole that should never have existed and we warmly welcome this new legislation".
Notes to Editors:
1. The Domestic Violence, Crime and Victims Act received Royal Assent on 15 November 2004(CJS press notice 353/2004).
2. The Domestic Violence, Crime and Victims Act is available at www.parliament.uk
3. The Act complements the Government's ongoing commitment to improving services for victims of crime (Home Office press notice 207/2004).
4. The public information leaflet is available at http://www.homeoffice.gov.uk/docs4/familial_homicide.htm
5. Domestic violence accounts for 16 per cent of all crime (Crime in Englandand Wales 2003/4, Home Office 2004).
Published: 21 Mar 2005 |
