6161141 Dissertation 310315

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Student URN 6161141
Programme BSc Sociology and Criminology
Level 6 – Year 3
Module Number SOC3028
Module Name Dissertation
Short Assignment Title
Will the Domestic Violence Bill (2014) successfully
tackle domestic violence?
Word Count 11, 995
Module Tutor: Paul Stoneman (Supervisor)
Submission Date: 31st
March 2015
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WILL THE DOMESTIC VIOLENCE BILL (2014)
SUCCESSFULLY TACKLE DOMESTIC
VIOLENCE?
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WILL THE DOMESTIC VIOLENCE BILL (2014)
SUCCESSFULLY TACKLE DOMESTIC
VIOLENCE?
Report Presented by:
Kozeta Ismaili
For the Degree of Bachelor of Science
In
Criminology and Sociology
DEPARTMENT OF SOCIOLOGY
UNIVERSITY OF SURREY
MARCH: 2015
WORD COUNT: 11, 995

Domestic Violence and British Law
1
Acknowledgements
I would like to thank the following people:
HRP Facilitators at HMP Coldingley, for their support and knowledge during my
placement year, it was working beside this group of people that sparked my interest
and compelled me to write this dissertation. Pete, Becca, Dave and Katie, I simply
would not have been as interested in this topic if it had not been for the eight months
I spent working alongside you, in awe of your understanding and efforts to provide
an accredited programme to offenders.
All of the participants who took part in the interviews and offered their professional
and personal opinions on the bill.
My friends and family for giving me the space and time to concentrate on my
dissertation, as well as understanding when I was stressed and in need of their
support to motivate me.
Paul Stoneman, my supervisor, for giving me confidence in my abilities, allowing
me to hold onto my original ideas and believing in this topic with me. His help was
fundamental to the completion of this project.
Without the help, patience and support from the above mentioned, writing this
dissertation simply would not have been possible. Thank you all.

2
Abstract
Domestic violence is regularly spoken about but not quite understood. It is a topic
that the media frequently pays attention to; campaigns on the prevention and
reduction domestic violence often run simultaneously. However, this dissertation
provides an insight into domestic violence laws that have tried to tackle it, changes
to public interest and opinion and what has spurned all of this. The focus is on the
Domestic Violence Bill (2014) which aims to make coercive control; a fundamental
part of domestic violence, a crime in its own right. Semi-structured interviews with
experts in different fields of the criminal justice system who either worked with
offenders or victims were used as the method of data gathering. These participants
offered unprecedented commentary on their views of domestic violence and how the
new bill proposal would change how society, and the Criminal Justice System, view
domestic violence. It is clear that, whilst this bill has made great amounts of
headway and, evidently, highlights how domestic violence and abuse needs to be
tackled within British Criminal Law, it is only the first step in a long journey.

3
Contents Page
Title Page
Acknowledgments 1
Abstract 2
Contents Page 3
Chapter One: Introduction 5
1.1 Personal Interest and Broader Context 5
1.2 Dissertation Premise 6
Chapter Two: Literature Review 10
2.1 Overview 10
2.2 Social Context 11
2.3 Domestic Violence Law 13
2.4 Agencies of Control 15
2.5 Summary 18
Chapter Three: Methodology 19
3.1 Interview and Qualitative Methods 19
3.2 Sampling and Recruitment 21
3.3 Interview Guide 23
3.4 Ethics 26
3.5 Thematic Analysis 26

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3.6 Summary 29
Chapter Four: Findings and Discussion 30
4.1 General Findings 30
4.2 Awareness 31
4.3 Domestic Violence Bill (2014) 33
4.3.1 Advantages 33
4.3.2 Disadvantages 34
4.3.3 Overall 38
4.4 Is it Just About the Law? 39
Chapter Five: Conclusion 41
5.1 Will the Domestic Violence Bill (2014) Successfully Tackle
Domestic Violence? 41
5.2 Further Thoughts and Recommendations 42
Reference List 45
Appendices:
A: The Domestic Violence Bill (2014) 54
B: Domestic Violence Campaign Images 62
C: Duluth Model – ‘Power and Control’ and ‘Equality’ Wheels 65
D: Interview Schedule and Participant Details 67
E: Questions used for Interviews 68
F: ‘Information and Consent’ Form 71
G: Ethics Checklist 74

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Chapter One: Introduction
1.1 PersonalInterest and Broader Context
This dissertation will be addressing the issues within British law on domestic
violence; from the 1970’s to current society where a new bill (Domestic Violence Act
2014; Appendix A) has been presented for debate before the Houses of Parliament.
The idea for this dissertation derived from personal interest on the topic of domestic
violence; its portrayal in television programmes (soap operas including EastEnders
and Hollyoaks have run storylines on domestic violence), in the media (with
campaigns and adverts highlighting the problems of domestic violence) and the law.
It is alarming that, despite vast improvements in terms of gender equality within
society, a victim of domestic violence has no more rights than a person attacked by a
stranger as charges between these two types of crime do not differ.
During my placement year, I worked on the Healthy Relationships Programme
(HRP) at HMP Coldingley; the interest in this topic magnified during this time and,
without it, this dissertation would not exist. The eight months I spent with the team
of facilitators fuelled my interest in domestic violence law and the need for further
improvements to victim’s rights. Statistics on domestic violence indicate that it is still
a prevalent issue as they have remained stagnant in the past decade (Tickle, 2014).
There are often a number of campaigns running simultaneously to ensure domestic
violence remains a prominent talking point within society. One of the many
campaigns created by The Home Office, (2014a) spoke directly to potential
perpetrators of domestic violence. This campaign ran alongside the 2014 World Cup
with the images (Appendix B – image iii) displayed in football stadiums. Other
campaigns, such as the ‘When Did He Stop Treating You like a Princess?’ campaign
(Appendix B – image i) created by Saint Hoax, use emotive imagery to effectively

6
gain the attention of their target audience. By depicting battered and bruised Disney
Princesses, this campaign enables the viewer to question if this is how a princess
should be treated, compelling them to question their own abusive relationship.
Alexsandro Palombo (Appendix B – image ii) created a similar piece using cartoon
characters and their partners. In order to acquire feedback on the effectiveness of
these campaigns, most of the interviewees were asked to share their views on each
set of images. The comments and images are presented in Appendix B.
1.2 Dissertation Premise
The new bill proposal (Appendix A) indicates that the law has once again turned its
attention to domestic violence. It aims to make coercive control and domestic
violence a criminal act, resulting in the perpetrator being convicted for the former
and not in correspondence with any other criminal act. The bill will be looking to
punish people for ‘Controlling, coercive or threatening behaviour, Physical violence,
or Abuse, including but not limited to, psychological, physical, sexual, financial or
emotional abuse’ (Appendix A). Although current laws deal with some of these
issues, they do not come under the umbrella term of domestic violence and are
instead covered by criminal acts such as Common Assault, Battery, Actual Bodily
Harm (ABH) and Grievous Bodily Harm (GBH) (Home Office, 2014; Harne and
Radford, 2008). The Home Office recently created a consultation welcoming
commentary on whether domestic violence law violence should be strengthened
(2014b). Within this publication, it was explained that currently ‘there is no specific
offence of domestic abuse outlining that coercive and controlling behaviours in an
intimate relationships is criminal’ (sic) (Home Office, 2014b, p11). The new bill
proposal would, therefore, amend this.

7
The dissertation will consider how domestic violence law has transformed in the
past forty years, before focusing specifically on the current proposal going through
the Houses of Parliament. Laws, campaigns and policies from the 1970s to 2000s will
be considered and academic work will also be looked at, but, this broad scope will
be reduced to maintain focus on the law. Nonetheless, some attention will be given
to agencies of control such as the police and prison service as the participants were
drawn from these areas of the criminal justice system, which the new bill will,
undoubtedly, have an effect on. Domestic violence can only be successfully
challenged through a joined effort from the police service, the Crime Prosecution
Service (CPS) and intervention programmes within communities and the prison
service once a law is implemented. Thus, how the implementation of this new law
would affect these agencies of control will also be looked at.
This dissertation is unique as it focuses solely on domestic violence in relation to the
law; how laws have changed over time, the reasons for this and society’s current
stance on the matter in order to understand how the new proposal (Appendix A)
may be seen as essential to contemporary British criminal law. This is important as it
will provide an insight into the changes in society as well as law in the past forty
years. Although the enactment of domestic violence precedes criminal justice, this
particular era will be looked at as there was a spike in interest that started in the
1970’s and continues today. As already mentioned, domestic violence is not a
criminal offence in its own right, moreover there is no ‘legal framework surrounding
offences of domestic abuse, especially psychological harm’ (Fletcher, 2014b). Thus,
there is an entire lack of recognition of domestic abuse in the criminal justice system –
the new law aims to combat this by bringing forward the issue of coercive control.
This abusive behaviour is a key part of domestic violence, according to Mr Fletcher,
and it needs to be addressed; this is therefore a crucial aim of the proposal. The new
bill is the next step towards tackling domestic violence within British Criminal Law,

8
making coercive control and abuse illegal and dealing with these through better
training parameters for the police and other agencies of control. The dissertation and
its research, aims to understand the importance of this bill and highlight any
strengths or weaknesses of it. The interviewees involved were chosen due to their
knowledge of the topic and are the people who are able to provide expert opinion,
evaluation and critique of the proposed new law so that the bill, and any potential
flaws it may have, can be analysed in order to gain a deeper understanding of its
potential to successfully tackle domestic violence.
I will not be concerned with the causes or consequences of domestic violence on
victims as there is much research available on this already (see Harway and O’Neil,
1999; Garcia-Moreno et al, 2005; Berry, 2000). Instead, I will focus primarily on the
new law, its advantages and disadvantages and any other critique put forth in order
to answer the overall question, and title, of the dissertation:
Will the Domestic Violence Bill (2014) successfully tackle domestic violence?
The following questions, have been chosen as the subsidiary questions the
dissertation will cover and provide answers for:
1. How has domestic violence law changed in the past forty years?
2. What is the new proposal trying to identify and what does it aim to achieve?
3. What are the opinions of experts interviewed on the impact of the proposal on
society and agencies of control?
The literature review will consider how domestic violence has gained its current
position in societal debate, political ideology and policy implementation. The aim of
the literature review is to shed light on how we have reached the current situation
with domestic violence laws and how this has changed; focussing specifically on the

9
past forty years. Everything prior to the recent proposal (Appendix A) has contested
domestic abuse without creating one clear law that deems it illegal. Furthermore,
domestic violence often focuses on physical abuse and ignores how the victim is
mistreated before this ensues. In reality, however, physical violence can often be the
end result caused by an accumulation of other forms of abuse, including but not
limited to psychological, financial and emotional mistreatment.
In chapter three I will explain why I chose to conduct semi-structured expert
interviews. I will provide information on where they were conducted, who the
interviewees were and how they were chosen as well as depicting the method of
analysis and coding system used once the necessary data had been attained.
Chapter four will be an analysis of the information gathered during interviews and
how it links to the topic, the questions and the overall aims of this dissertation.
Using direct quotes from my interviews, I will aim to answer the questions put forth
in this introduction.
The fifth and final chapter of this dissertation will be a culmination of all of the
findings and information, in order to produce a conclusion and succinct answer to
the overall question as well as providing recommendations for future work.

10
Chapter Two: Literature Review
In this section, we will consider prior research on Domestic Violence and its link to
the law, paying attention to how laws have changed in the past forty years in order
to answer one of the main dissertation questions.
2.1 Overview
Domestic violence is not a new phenomenon; research links it back to the 18th
Century (Groves and Thomas, 2014). Much of the research on domestic violence and
its law is based on American findings (see Babcock et al, 2002; Berry, 2000; Lehrner
and Allen, 2009; Coker, 2001; Johnson and Ferraro, 2000). However, the vast majority
of this research does not correlate with this dissertation as it will be focusing
primarily on contemporary British Law. This reinforces the need for more British
based research on domestic violence law specifically. Undeniably, domestic violence
has seen a shift from ‘early campaigning by feminists [to] the full mainstream
criminal justice system taking on the question of domestic violence’ (Groves and
Thomas, 2014, p63). This is a result of extensive work produced by feminists to
highlight the need for more to be done in order to tackle domestic violence in
society. An issue previously seen as occurring only behind closed doors and of
having no place within criminal law, has now found itself at the heart of it.
In order to understand how domestic violence is viewed by society and the link this
attention has to the law, the literature review will be split into three sections. The
first section provides an understanding of the social context of domestic violence
and how this has changed since the 1970’s. The second will consider how British
laws and academic research have changed in terms of domestic violence in recent
history. Finally, the third section will look at how agents of social control, such as the
police, courts and prison service, challenge domestic violence. These three particular

11
themes were also applied to the interviews in order to create and develop a
correlation between them and the primary data gathered during research.
2.2 Social Context
Domestic violence has always existed, its devastating effects have been felt in society
for a number of centuries. Recently, it has reappeared at the forefront of policy
making and political agenda; portrayed through initiatives put forth by the Home
office (2014c). This is due to several reasons, including the dedication of feminists to
expose the horrific crime that is domestic abuse. Whether defined as illegal, or not,
domestic violence can have fatal consequences, often arising from an amalgamation
of persistent and substantial abuse. Statistics show that two women a week are
murdered by their abusive partner (Walby and Allen, 2004; Women’s Aid, 2014).
The rise of the second wave feminist movement in the 1980’s, who placed domestic
violence at the top of their agenda, triggered a peak in interest on the issue. Societal
interest grew rapidly and the law had no choice but to respond to public outcry on
the matter. Anderson (1997) looked at American society and it’s representation of
masculinity which states violence is part of what it means to be a man. Although this
article looked at causes of domestic violence in America, it drew attention to a key
point that resonates within British society; ‘domestic violence is rooted in gender
and power and represents men’s active attempts to maintain dominance and control
over women’ (p667). This should be challenged when formulating legislation that
will tackle domestic violence. Power and control is a significant abusive trait within
domestic violence, the Duluth Model (2011) Power and Control Wheel used in
intervention programmes, such as HRP, highlights the negative actions perpetrators
use towards victims. There is also a wheel which highlights positive elements of a
healthy relationship, the Equality Wheel, both can be found in Appendix C. These

12
are used to highlight negative, or positive, behaviours in order to pinpoint the
problem. There is potential for these images to be used when campaigning against
domestic violence, to make victims who are unaware of these traits understand they
are being abused. Furthermore, the existence of such tools can be used to support the
new bill as it reiterates the need for a higher level of awareness on coercive control
and other abusive traits that are not necessarily physically harmful.
British feminists in the 1970’s brought domestic violence back into the forefront of
societal debate but were divided on the causes of it within intimate relationships.
Irrespective of this difference they united, along with groups such as ‘Women’s Aid
Federation, Rights of Women, Justice for Women, Southall Black Sisters, the Zero
Tolerance campaigns and Women Against Violence Against Women as well as …
the Women’s National Commission’ (Abrar et al (2000, p242) to create a number of
strategies to certify domestic violence was given the attention in society, political
agenda and policy making it deserved. This specific wave of feminism is credited for
its fundamental role in bringing domestic violence to the forefront of contemporary
society, setting the trend which has continued throughout the past four decades.
Nonetheless, domestic violence is a multi-agency issue that requires the
contributions of many agencies of control and governing bodies to find ways of
addressing the issue, providing support for victims and dealing with perpetrators.
Thus, although the feminist movement deserves credit for their dedication and
efforts in creating a foundation of awareness, it was only once domestic violence was
given attention by governing bodies, such as the Home Office, that policy on
domestic violence was instigated (Abrar et al, 2000).
The recent storyline in a daily soap opera, Hollyoaks, was attached to a domestic
violence campaign by the Home Office (2014d) titled ‘This is Abuse’. Adverts were

13
used to display a clear statement on abusive behaviour and the use of soap
characters strengthened the campaign. Further adverts were aimed at teenage
audiences, these asked ‘if you could see yourself’ and depicted the victim and
perpetrator behind a screen looking at themselves during the incident. Ongoing
campaigns by the Home Office, and others, allow for domestic violence to remain a
consistent talking point within society and depict victimisation to those that might
not realise they are victims of this type of abuse, or are indeed perpetrators of it.
Consequently, the continuous recognition within the media and campaigns has
ensured its prominence within society and therefore aided changes to the law.
2.3 DomesticViolence Law
Domestic violence and criminal law do not go hand-in-hand. Domestic violence
presupposed any criminal intervention; in the past it was seen as a private matter
and usually dealt with by the Civil Courts. Some believe domestic violence is still
regarded as not ‘worthy of criminal intervention’ (Lewis et al, 2001, p107). Domestic
violence as a form of punishing one’s wife has never been socially accepted yet it has
occurred in society for centuries, in fact, today ‘30 percent of women and 17 percent
of men had experienced domestic abuse since the age of 16’ (ONS (2013) cited in
Home Office, 2014b, p6). That is almost one in three women – this purported
‘socially unacceptable’ act, remains inescapable within society.
Nicole Harwin (2006), Director of Women’s Aid, discussed the progression of law
from the 1970’s to the early 2000’s mentioning that pressure from Women’s Aid, and
other activists alike, ensured laws to challenge domestic violence were instigated.
There have been a number of instances in the past forty years demonstrating the
positive achievements for activists, such as in the 1990’s when domestic violence
gained international recognition by governments and the United Nations (Harwin,

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2006, p556). Within British law, domestic violence has been given recognition
through the formation of policies and Acts. Harne and Radford (2008, p96-101)
presented a brief summary of some of these laws, including;
o The Domestic Violence and Matrimonial Proceedings Act 1976
o The Domestic Violence, Crime and Victims Act 2004
The above Acts contributed to domestic violence law; the former was said to have
‘represented the first [piece of] legislation in this area for almost 100 years’ (Harne
and Radford, 2008, p96) symbolising change in the legislative response to it.
Although both Acts achieved recognition for tackling domestic violence, the
Domestic Violence, Crime and Victims Act 2004, received criticism for not going far
enough as it did not consider how this can lead a victim to contemplating suicide
and highlighted that the police must do more to protect and support victims
(Musgrove and Groves, 2008). It seems, whilst these Acts were a step in the right
direction, they were not enough. The recurrent notion that law is not enough, will be
discussed further in chapter four.
Harne and Radford’s (2008) extensive analysis of legislative intervention with
regards to domestic violence provided a conclusion that resonates with viewpoints
brought forth by some of the interviewee’s:
‘even where there have been some legislative improvements – the
law in practice can still resist change and, in some areas, remain
deeply patriarchal in its implementation. This emphasises the
continued need for cultural change in organisations whose remit is
to address domestic violence’ (p112).
Legal intervention is synonymous with criminal intervention, thus the involvement
of the law is linked to the involvement of the police force – especially when handling
criminal offences. Several studies have questioned the effectiveness of legal

15
interventions and responses to domestic violence by statutory agencies of control
(Lewis, 2004; Dobash and Dobash, 2000; Welsh, 2008; Matczak et al, 2011).
Lewis (2004) obtained evidence to suggest inadequacies exist, in terms of the police
providing help and support for victims of domestic violence. Nevertheless, dealing
with this type of crime can be problematic due to its personal and private nature and
the fear victims have of perpetrators. Victim statements can be withdrawn or a
distrust towards outsiders having knowledge of their private lives can occur, thus
explaining the misconception that this is an inadequacy of police involvement, when
the reality shows it is due to the issues of domestic violence as a criminal offence.
Preventative strategies are highlighted as the fundamental approach to addressing
issues associated with domestic violence, but the results of such strategies are
impossible to measure. So, it may not necessarily be true that the police are not
doing enough but rather that the nature of the crime itself can make it hard for them
to intervene effectively, or provide crucial help and support for victims.
2.4 Agenciesof Control
The police are often the first agency of control to come into contact with domestic
violence, therefore, the way in which they handle the situation can either provide
help for the victim or lead to further abuse. Consequently, any legislation on
domestic violence should encompass suggestions for the police to adopt and
implement in their line of work. The Domestic Violence Bill (2014, Appendix A)
adheres to this.
In an Independent Police Complaints Commission (IPCC) report into the death of
Casey Brittle, a victim of domestic violence who was brutally murdered by her
boyfriend, the police were said to have ignored eleven incidents between the victim

16
and her partner. These were eleven chances to save the victim that the police failed
to acknowledge and deal with correctly (IPCC, 2011). Unfortunately, the victim
repeatedly retracted her statements and the police had very little choice but to drop
the matter. This example demonstrates the difficulties police face; if a victim choses
to retract their statement, do the police drop the case? Or do they chose to take it
further, regardless of the lack of victim participation in the inquiry?
The police have long been seen as not doing enough with relation to domestic
violence (HMIC, 2014), the above IPCC (2011) report demonstrates such failings.
However, are the police the main agent that must take on the issues of domestic
violence, although they are often the first port of call for victims, is it solely their
responsibility? In the past it was seen as anything but the polices’ problem (Hoyle,
1998; Groves and Thomas, 2014). The police had other, ‘more important’, crimes to
deal with and domestic violence was disregarded. Due to victims retracting
statements, refusing to leave their partners or participate in police procedures, cases
were dropped and No Further Action was determined (Curran, 2010). However,
recent changes to the law have permitted the police to tackle the case without the
help of the victim (Ellison, 2002) allowing the investigation to continue without their
involvement as, often, victims were afraid of being subjected to further abuse if they
participated. This initiative may save future victims from fatal consequences, sadly it
was unable to save Ms Brittle.
Curran (2010) looked at police responses to domestic violence and confirmed more
ought to be done to ensure a multi-agency response to the issue as a combined
approach can lead to a decrease in domestic violence when the criminal justice
system is involved. It is not, then, that the police are not doing enough but rather
that more needs to be done by all agencies, statutory and voluntary, in order to
combat the problem. This is supported by the conclusions offered in Matczak et al’s
(2011) review of current policies to tackle domestic violence, in England and Wales.

17
The prison service runs programmes for convicted perpetrators of domestic violence.
Dobash and Dobash (2000) and Bullock et al (2010) analysed the delivery of a variety
of intervention programmes. Bullock et al (2010) specifically looked at how these
types of programmes are administered within the prison service (through
programmes such as HRP) and in the community such with the Integrated Domestic
Abuse Programme (IDAP) or the Community Domestic Violence Programme
(CDVP). Community interventions were all considered to have some beneficial
features; ‘it had helped them to be calmer, and to stop and think before taking
action… to respect their partner, and to act with a greater appreciation of the effect
of their behaviour on others’ (Bullock et al, 2010, p16). Similar results were evident
within HRP, however this type of intervention was at a disadvantage as participants
were unable to practice what they had learned during sessions as they were not with
their partner on a daily basis.
Dobash and Dobash (2000) found that all programmes had some influence on the
recidivism rates of abuse, and stated these programmes were important as they
considered the learned behaviour of abuse and its occurrence in everyday activities.
Abusers use power and control over their victims and this leads to violence, thus
targeting these particular forms of abuse prior to the onset of physical violence,
could prevent any future abuse. Providing the perpetrators with help and support to
recognise where these behaviours have stemmed from, in order to change them, is a
crucial component of programmes designed for tackling domestic violence.
Voluntary agencies of victim support, such as Women’s Aid, were instrumental to
policy amendments regarding domestic violence. Their outstanding work led to the
opening of refuges and safe houses for victims. This helped women, who feared for
their safety, find the strength to leave an abusive home. Their work over the past
forty years and their link to criminal justice has allowed domestic violence to receive

18
the recognition and policy intervention it deserves. Women’s Aid contributed to the
creation of the Domestic Violence Act (2014) assisting the author, Harry Fletcher.
2.5 Summary
Within this literature review we have considered the historical and social context of
domestic violence, looked at it within the law and how previous laws have affected
the agencies of control who deal with the issue. In particular, the literature review
highlights how criminal law on domestic violence has changed in the past forty
years, subsequently providing an answer to the first subsidiary question. Domestic
violence was originally deemed a private family matter, an issue that was behind
closed doors and not relevant to police work; or as Sir Kenneth Newman,
Metropolitan Police Commissioner in the 1980’s, put it “Domestic Violence and stray
dogs… rubbish work for police officers.” (Newman (1984); cited in Women’s Aid,
2014). However, this shocking view has been replaced with a clear multi-agency
effort to prevent and decrease domestic violence, through the use of the police and
other parts of the criminal justice system; highlighting the huge change in attitudes,
as well as policy, in the past forty years. Nevertheless, some maintain more needs to
be done and achieved in order to eradicate domestic violence entirely. Harne and
Radford’s (2008) conclusion mentioned above is one such example, stressing that
further efforts are imperative in terms of law and cultural change in order to tackle
the problems of domestic violence within contemporary British society and law.
Evidently, domestic violence needs to be addressed by the law, but only multi-agency
initiatives will provide support for the victims and ensure more perpetrators are
brought to justice for this heinous act. Ultimately, this dissertation will provide
insight into how the proposed new law will contribute to past successes whilst
acquiring expert knowledge on the positives, and negatives, of this law.

19
Chapter Three: Methodology
In this chapter, I will discuss the analytical strategy for my study. The research
question I have chosen requires a certain type of data in order for it to be answered.
Specifically, a qualitative approach is needed, and one where data on the views of
experts on their understandings and evaluations of domestic violence, in light of
new legislation, can be generated. This chapter also goes on to consider how the data
generated is best analysed.
3.1 Interview and QualitativeMethods
In order to answer the research question it was necessary to gather qualitative data,
extracted from experts in the fields that could be affected by the domestic violence
bill, including but not limited to, the prison service and agencies working with the
victims. The use of interviews, instead of other methods of data collection, allowed
for in-depth responses which were necessary to justify the benefits and drawbacks
resulting from the implementation of the new bill, therefore ensuring a close link to
the overarching questions and themes of the dissertation. Furthermore, use of expert
interviews ensure the information gathered depicts critical insight, expert opinions
and evaluations that only could be produced by a certain type of participant.
Expert interviews are a relatively distinctive method of data gathering and, as any
other method, there are strengths and weaknesses to consider. Interviewing experts
can provide information on the topic that is only available to this group of people,
suggesting that their ‘experience-based expertise’, as labelled by Collins and Evans,
(2002, p238) can validate the answers due to their level of knowledge. Nevertheless,
there are undeniable problems with this method to consider; whilst Bogner et al
(2009) extensively discuss the fundamental questions in the application of this type

20
of method to research, the key issue evident within this research project was in
gaining access to the experts. As Mikecz (2012, p483) explains that, due to the
difficulty in reaching experts for interviewing purposes,
‘careful planning and getting in touch with the respondents well in advance
are essential to make the most of the event. The researcher must identify the
respondents as well as find the right media to reach them.’
Below I will explain how I was able to reach the respondents in the appropriate time
to fit the research schedule. Even though issues with the use of expert interviews
exist, this was the most suitable method as the questions could only be answered by
those who had the correct knowledge on the subject. Therefore, whilst there were
difficulties with this method, it was the most appropriate form of data collection to
ensure the questions of the dissertation were answered.
Semi-structured interviews allow for flexibility as questions previously not
considered for use, become appropriate and relevant through the answers provided
by respondents (Bryman, 2008, p438). Furthermore, the open nature of questions can
generate answers that change the structure of the entire dissertation (Swetnam and
Swetnam, 2009). For this reason, semi-structured expert interviews were the most
appropriate method of data collection as this ensured the necessary questions were
asked whilst allowing for a natural flow based on the answers provided.
In addition, semi-structured interviews provide rich data on opinions that
participants hold on the topic (May 1993, p91) and allow for probing to gain further
depth from the responses. The standardized nature of this type of interviewing
provides a structure for comparability whilst allowing for themes and ideas to
appear that may not have been planned for (May, 1993, p93). Participants were
asked to elaborate on points made and were given some control over the interview
topics but my objectives were maintained throughout. Also, this type of data
provides real life implications, as the answers provided are true to the world around

21
the experts and the field they work in. They gave professional commentary on how
this law would affect them, if at all, based on previous laws and their consummate
knowledge of their field. Ultimately, a semi-structured interview serves ‘as a
sequence of themes to be covered, as well as some prepared questions. Yet at the
same time there is openness to changes of sequences and question forms in order to
follow up the answers given’ (Kvale, 2007, p65). This allows for data that is in-depth
and informative and does not restrict it through rigorous standardization.
Alternatively, there are some drawbacks to this type of data gathering, in particular,
the fact that this is a very time consuming method of data collection. Contacting the
participants and waiting for their responses, creating the questions, preparing the
interviews, carrying them out, transcribing the answers, coding the data and
analysing the findings and finally writing up the results; takes a great deal of time
and effort, causing the process to take longer to complete than when data is gathered
through quantitative methods (Gillham, 2005). Also, to carry out these interviews
requires certain skills; I had to learn and develop these through practice. Thus, the
first interview I conducted became similar to a pilot in itself as I learned about the
importance of not asking leading questions or giving the participant answers that
they then agreed to. This knowledge helped to better the remaining interviews.
3.2 Samplingand Recruitment
The experts involved include: Harry Fletcher who created and wrote the bill, two
Special Police Constables (due to an inability to obtain interviews with Police
Officers or Special Domestic Violence Units of the Police Force), a Prison Officer
from a Female Establishment and two HRP Facilitator from a Male Establishment.
Below is a table of the participants; the interview schedule, with further details on

22
each interview and participant can be found in Appendix D. Seven interviews were
conducted, in total, ranging from 20 to 31 minutes in length, averaging 26 minutes.
Table 1.1 shortened version of list of participants
Interview number Interviewee name/pseudonym and role
1 David – Prison Officer at Female Establishment
2 Harry – Director of Digital Trust
3 Victoria – IDVA
4 Jason – HRP Facilitator
5 Joe – Special Constable
6 Roger – Special Constable
7 Zoe – HRP Facilitator
Originally, I wanted to interview HRP facilitators from HMP Coldingley exclusively,
however, due to complications I had to make adjustments to my participant list.
Subsequently, the dissertation turned its attention to agencies of control and the
strengths and weaknesses of the implementation of the bill instead of its effect on
HRP. After doing some online research, I decided that Harry Fletcher would be
crucial to the dissertation as he had a fundamental role in the creation of the bill. I
was able to find his contact details and get in touch with him, thankfully he was
interested and agreed to take part in an interview but was only available to answer
questions over the phone. This brought up issues that will be discussed shortly.
Some participants were found through contacts I had made whilst working with the
HRP department and associates of lecturers at the university who provided me with
contact details of people who I then asked to be part of the research. Other
participants were found through contacting several agencies that work with victims
and perpetrators of domestic violence. Once I had found all of the participants
necessary to make my research as representative as possible, I explained the research
I was doing and asked for their participation. When this was approved, I set dates
for the interviews and executed them according to the participants’ schedules.

23
I created an Information and Consent Form (Appendix F) for the interviewees to
read and sign, prior to the interview. This explained the purpose of the dissertation
and the interview, provided clear instructions to what the participants were
consenting to including being recorded and that, even though they were
representing a certain field, ultimately the answers given were theirs alone and did
not reflect the establishment they work for. It informed the participants that they
could remain anonymous if they wished: no description that might indicate who the
person was would be included. It also asked if the participants wanted a copy of the
interview transcript or completed dissertation and were given my contact email if
they had any further questions (Gillham, 2005, p79). This was all necessary in order
to keep the participants informed and allow for transparency in the research.
3.3 Interview Guide
Constructing questions for the interviews was difficult for several reasons. Firstly, I
had to create questions that would make sense to all participants, regardless of their
field of work. Also, due to one of the interviewees having created the bill, I had to
remain conscious of bias as it was unlikely they would negatively critique their own
work.
Formulation of the questions became straightforward when I knew exactly what I
wanted the interview process, in its entirety, to answer. Thus, when the overall
questions for the dissertation where designed, the questions for the interviews arose
naturally. Rubin and Rubin (2005) describe the formulation of questions like a
puzzle that need each piece to be found in order for it to be completed (p153). This
was the process I used when creating the main questions; ultimately I wanted to
know the opinions of the respondents on this new bill and any foreseen advantages
or disadvantages of it. Any subsequent questions asked as a results of the answers
were dependant on the flow of the interview and the amount of information the

24
participants were providing. Use of semi-structured expert interviews ensured the
application of a set of questions designed prior to the interviews whilst also allowing
for further questions to arise from the interviews to gain further depth, ‘clarification
and elaboration on the answers given’ (May, 1993, p93). So, I was able to probe the
respondents further to gain insight into the answers they were providing, in order to
better the research as a whole (May, 1993).
I devised a set of questions that I felt would gain insight whilst answering the
questions of the dissertation, a list of the original interview questions can be found in
the Appendix E however, not all participants were asked the same questions due to
the differences in the fields they worked in. This meant I had to devise two sets of
questions; one for the majority of the interviewees that could be manipulated only
slightly in order to be used when interviewing all of them and the other specifically
for Mr Fletcher due to the fact that he, and the team he worked with, had created the
bill (these have been marked in the Appendix to indicate which questions were
asked to whom). For example, one of the questions asked was ‘Do domestic violence
civil laws affect your line of work?’ This ensured the question was still asked but it
was open for interpretation based on the interviewee’s institution.
All of the interviews followed the same schedule of questions, except for the
interview with Mr Fletcher, as mentioned above. Each respondent was asked to read
the information and consent form, then given a copy of the Bill to read over if they
had not already done so prior to the interview and then the interview began. To
determine how each participant was to be referred to, they were asked if they
wished to remain anonymous. These participants were referred to based on their job
and a non-specific description of their institution, for example ‘Prison Officer at

25
Female Prison Establishment’. Pseudonyms were devised at a later stage to
uncomplicated referencing direct quotations from the interviews.
One of the interviews was conducted over the phone, due to time constraints on
travel of the participant and myself. An advantage of the phone call was that it was a
compromise that ensured an important respondent was able to participate in the
dissertation. However, there were some drawbacks that I had to consider, for
example the lack of visual cues or an inability to recognise the difference between a
natural pause and when the participant has finished answering the question and
was waiting for the next question to be asked (Gillham, 2005, p102-3). Nevertheless,
as this was the only way to conduct this fundamental interview, these drawbacks
had to be acknowledged but accepted in order to gain the crucial information and
evidence that produced key data to answer the overall questions of the dissertation.
Another benefit of using a telephone interview was that it avoided travel costs
(Bryman, 2008, p457) as I did not have to travel to a location convenient for the
participant. In addition, research by Sturges and Hanrahan (2004) found no
significant difference between telephone and face-to-face interviewing. The
telephone interview I conducted was successful as the answers provided were clear
and offered fundamental information on the bill.
The interviews took place in various locations including my kitchen on campus and
interview rooms within the Sociology Department. One of the interviews was
conducted over the phone – this was due to time constraints which have already
been discussed above. Each interview was recorded and the transcribed soon after
taking place in order to be coded.

26
3.4 Ethics
When considering the ethics for conducting the interviews, I had to acknowledge
that some questions could be considered as distressing for the participants by
outside sources. However, this was the case as all of the interviewees work with
victims and perpetrators in some capacity on a daily basis, thus this was not a new
topic or something they are not familiar with. Furthermore, no questions were asked
that would need any personal information to be disclosed by the interviewees, so
whilst domestic violence in itself can be seen as a distressing topic, due to the nature
of the questions and the backgrounds of the expert interviewees, ethical clearance
was not deemed necessary as these questions were not based on personal
experiences or victim analysis. Informed consent was gained before the interviews
took place, the participants were provided with information on the project and what
their role would be, this information was open and nothing was hidden from the
participants as this was not necessary. Anonymity and confidentiality were
paramount to the interviews; participants were made aware that they could remain
anonymous if they wished and exactly what would happen with the recorded
interviews and information they provided. Participants who did wish to remain
anonymous were asked if they had a preference to the way in which they were
referred to and gave consent to a suggested title before these were used. These are
considered key parts of ethical guidelines by Kvale (2007) and were adhered to
throughout the dissertation and research procedure.
3.5 ThematicAnalysis
When I first started this research, there were certain responses I was expecting from
participants – these became the preliminary codes for analysis. However, through
conducting the first few interviews I was able to go back and refine some of these
codes. The more interviews conducted, the better my codes became and the themes

27
were evident through the answers given by participants. Due to this, thematic
analysis was my method of choice when analysing my data and picking the key
answers and ideas to answer my dissertation questions.
Thematic analysis is defined as the process of ‘identifying substantive statements
and deleting ‘padding’ and repetition’ (Gillham, 2005, p130), I chose to use this
process of analysis when coding as it was most suited to the aims of the dissertation;
I wanted to be able to make my points and have the proof from the responses to
support my ideas as opposed to gaining my ideas and codes solely from what the
gathered data indicated. Furthermore, I allowed for sub-themes to develop from the
initial codes and themes created, in order to gain a deeper understanding of the
comments made by the participants without having my own bias sway the data.
Thus, I created the main themes that I wanted the dissertation itself to represent, for
example from the use of the questions, and then analysed all of the answers in depth
to see which sub-themes were reoccurring and what this meant for the dissertation
argument overall.
A coding system was created once all interviews were transcribed to see which
themes were repeated in the answers. Coding of the data was ‘used as a process for
creating indexes or categories for the data in order collate similar segments together’
(Seal, 2015 para. 8). This ensured that commonalities were found throughout the
different answers offered by the participants to identify underlying themes and
ideas that could be put forth in chapter four. The coding system was as follows:

28
Table 2: coding system used for analysis of data
Main point Sub-points
Images
Positives
Negatives
Previous Laws
Society and awareness
Lack of recognition and reasons
New Bill
Advantages
Disadvantages
Effect on participant role/ field
Monitoring
Agenciesof Control
List of agencies
Who is most affected?
Other Solutions/
Suggestionsfor Improvement
Education
Charity funding
More campaigns
After Implementation Higher levels of awareness
The codes were based on the common themes that became evident throughout the
interviewing process as well as the initial key points questions were created to cover.
This was a long process due to having to look at all of the transcriptions and find
concepts that were being referred to that would also be able to answer the overall
questions of the dissertation. As Rubin and Rubin (2005) explain, a focused interview
provides an efficient link between answers and codes (p223) so by keeping the
majority of the questions linked to the bill, I was able to maintain a stable focus
throughout the interview process. Once the codes were decided upon and I knew
what I was looking for, I assigned colours to each code and went through each
interview finding the comments and answers that linked to each code. This was the
most enjoyable part of the process as the colour coded interviews were the final part

29
of the research process and made the write up of chapter four straightforward as the
similarities and differences in opinions were evident via the colour coding alone.
3.6 Summary
In this chapter I have explained why semi-structured expert interviews were the
appropriate approach taken to generate the necessary data required to answer the
main question of this dissertation. Thematic analysis was crucial to the analysis of
the data as it was the best method to uncover and analyse the different views and
evaluations of domestic violence and the new law. This dissertation should be
considered as a pilot for future research on the Domestic Violence Act (2014). It has
provided insight into the opinions of those who would be directly affected by the bill
as well as highlighting the importance of this bill, its advantages and shortcomings
but is in no way enough to give a clear picture of how the bill will affect the law,
agencies of control or society in general.

30
Chapter Four: Findings and Discussion
During the research, a large amount of data was gathered, some of which was
fundamental to providing answers to the questions of this dissertation. Due to the
limitation on word count, all of the interesting findings cannot be discussed within
this section; however, key comments on the images used as part of the interviews
can be found in Appendix B, along with the images themselves. In this section, we
will focus solely on the questions relating to the bill, its advantages and
disadvantages and, using the coding scheme detailed in the previous chapter,
highlight and discuss the answers provided by the participants. The findings that
will be discussed below are all clearly linked to the overall aims of the dissertation
and were presented in order to answer the questions. Not all of the data garnered or
codes created are presented in this chapter but this should not take away from the
importance of those findings; this is due simply to word limitation. Thus, everything
discussed below serves the purpose of answering the questions put forth in chapter
one, ensuring the focus remains on the bill and how it will affect domestic violence,
contemporary British criminal law and statutory agencies of control and voluntary
agencies of victim support.
4.1 GeneralFindings
The levels of knowledge on domestic violence varied between the participants; some
had worked closely with victims whilst others specifically dealt with perpetrators.
With relation to previous law on domestic violence, the participants did not believe
it was strong enough, this belief was unanimous, articulated most efficiently by
Jason who stated “because it is [still] so prevalent, you’ve got to say that the old laws
weren’t effective”. This comment reinforces the argument put forth in chapter two
about previous laws. It is evident that the general consensus both within academia
(Hoyle, 1998; Groves and Thomas, 2014; Harne and Radford, 2008) and the criminal

31
justice system (Home Office, 2014b) states previous laws on domestic violence
simply were not strong enough, the expert opinions of the participants supported
this.
All of the participants agreed on certain aspects, such as awareness that would be
raised by the bill, which will be discussed at length below, whilst other questions,
specifically on the perceived disadvantages of the bill, gained a number of different
responses. The participants were in agreement that the bill was a brilliant starting
point but highlighted several significant concerns about the bill and its
implementation. This too will be discussed in detail. On the whole, the participants
all hoped the bill would work and contribute a positive effect to the criminal justice
system and its attempts to tackle the real issues brought forth by domestic violence
within contemporary society, but were not naïve to possible issues that could arise,
nor in thinking this was the answer to solving the issue of domestic violence.
4.2 Awareness
All of the participants highlighted an obvious lack of awareness of domestic violence
within the general public. Several participants acknowledged an improvement in
recent history, which was possibly due to changes in the law or work done by
feminists (Coker, 2001) but all the participants highlighted that awareness remained
low on the seriousness of domestic violence, Harry stated,
“There’s been a large increase of awareness and concern about domestic violence over the last
twenty years, but I think the vast majority of people still grossly underestimate the totality of
domestic violence in England and Wales”.
A reason for this, echoed by several participants, was that this could be due to the
fact that domestic violence has always been seen as something that occurs
exclusively ‘behind closed doors’ (Jason).This therefore highlights why domestic

32
violence has been particularly difficult to tackle by use of police involvement as this
has always been regarded as a private matter (Felson et al, 2002) and as criminal law
deals with, often very, public issues; domestic violence could not successfully
transcend this divide. The participants all felt that the minimum impact of the bill
would be in its success of raising awareness on domestic violence and encouraging
more victims to come forward by providing even more help, support and advice
than previously offered.
Yet, Roger honestly admitted that “up until today I was unaware [about the bill] and I
didn’t have much understanding [of domestic violence]”. As a Special Constable, the fact
that he had very little knowledge of this bill, begs the question of whether this is due
to a lack of training within the police force or whether it is down to the public having
very little awareness of the bill, and therefore domestic violence, in general? The
participant suggested his lack of knowledge could be down to the fact that he has
not dealt with many cases of domestic violence in his time as a Special Constable and
believes that with more experience, his knowledge of domestic violence and how to
deal with it, will increase. Nevertheless, this comment raises concerns about the
knowledge the police, Special Constable or otherwise, have on domestic violence
and how to deal with incidents of this nature.
Undeniably, the crucial advantage of the implementation of this bill, echoed across
answers provided by all the participants, was that it would raise awareness in the
public about domestic violence. For some, as mentioned above, this was seen as the
only advantage of the bill, but an advantage nonetheless. Increased awareness could
ensure a better understanding of ‘the seriousness of it’ (Victoria) and perhaps this is
enough to suggest the bill should be implemented for this advantage alone as this
could snowball better recognition, taking the matter out of the private and into the
public sphere.

33
4.3 DomesticViolence Bill (2014)
The majority of participants were asked to share their opinions on the new bill;
Harry was asked what made him originally decide it was crucial for the bill to be
written. He clarified where the inspiration for the bill had come from; citing positive
changes in America, through the implementation of a similar law, and a number of
failings within the British criminal justice system; providing further evidence to
suggest past laws on domestic violence were not sufficiently tackling the problem. A
lack of police powers and major incidences of relapse in offenders who had
undertaken programmes for domestic violence were also put forth as reasons for his
development of a bill which he stated had been created;
“a) to criminalise coercive control, b) to make sure it wasn’t time limited so that you could go
back through time and look at past [abuse from perpetrator to victim], c) [incorporates]
mandatory duties on the police to take into account all the behaviour and then finally d) to
make training mandatory to bring about the cultural change for everybody in the criminal
justice system” – Harry.
The key finding in terms of advantages and disadvantages will now be discussed,
however, in order to avoid bias, comments made by Harry are not considered.
Nevertheless, some of his answers were echoed by participants such as improved
support strategies for victims and more convictions, leading to higher levels of
public awareness of domestic violence as well as the bill itself.
4.3.1 Advantages
The participants all had similar ideas of the advantages that the bill could offer
through its implementation, the two main points were awareness, which has been
discussed above – for some this was the only strength of the bill, as well as better
recognition of the seriousness and intensities of domestic abuse. This second

34
advantage would be achieved through the inclusion of coercive control to highlight
that it is not just physical abuse that can have serious implications for the victims.
“For me, the only advantage [of the bill] would be that domestic abuse etcetera is set into
criminal law, which I suppose you could say that kind of recognises that society, the courts,
the criminal justice system [are] condemning it and also it recognises that abuse isn’t just
physical.” – Joe.
“I like the fact that it actually takes into account a lot of the abusive things like taking away
from the violence, it now looks at the abuse as well like the coercive controlling behaviour and
stuff which is obviously key to domestic abuse and violence” – Zoe.
This is undeniably the crucial part of this new bill; the fact that the non-physical
elements of domestic abuse are finally being recognised, in particular coercive
control, shows the progression made by the law in terms of understanding all the
different types of abuse that feature within the course of conduct, in terms of
domestic abuse. Whilst only two clear advantages were mentioned by participants,
they were much more vocal when discussing and highlighting possible weaknesses.
4.3.2 Disadvantages
A multitude of disadvantages were offered by the participants, except Harry but this
was to be expected due to his involvement in establishing the bill itself, this links
back to the bias discussed within chapter three about the answers provided by Mr
Fletcher. Nevertheless, his contributions to the dissertation were crucial and I will
only factor in the answers provided by the other participants on this particular
question. Some of the concerns raised about the bill include: its length and lack of
depth on the topic, its ambiguity and therefore the fact that it is open to subjective
interpretation, the enforcement and monitoring of it, what the police ‘Points to
Prove’ would be and that it would have little positive impact and could actually

35
make matters worse. These points were mentioned by at least two participants and
will be discussed respectively below.
Participants stated that the bill was too short in length;
“it’s alright but it’s not [complete] it doesn’t go into depth. It’s six pages long and domestic
violence is [worth] more than six pages.” – David.
Conversely, another participant stated;
“It was very short, when I read it I thought it was very concise and clear, whether it’s going
to be able to cover everything about domestic violence is going to be an interesting thing to
find out but if it’s got the main things in there then it helps as I find legislation is quite
chunky at the best of times, so if it’s quite clear and to the point, happy days but if it’s
missing stuff then it will encounter problems later on.” – Roger.
The statements above highlight both positive and negative aspects of a bill that is
short in length, whilst the bill does highlight the key points, it lacks depth in
explanation of how training for the agencies of control will be administrated as well
as how the law will be enforced and monitored. This ambiguity, for some, in terms
of enforcement and monitoring as well as what elements of domestic abuse can be
included as part of the bill, led Joe to state: “I’m not saying it would be misused but
there’s certainly scope for it to be misused and this only has to happen once for it to
undermine the credibility of the law”. This indicates how a lack of clarity in the new bill
could be a major disadvantage of it and could potentially destroy its legitimacy. The
length, or rather lack of length, of the bill could be a reason for the ambiguity. As
there was not enough information within the bill, it lacked the capacity to explain all
of the necessary points. Thus, until the ambiguity dissolves in order to stop any
future misunderstanding, the bill will not be as successful as it could be.

36
Both of the Special Constables highlighted that they were unsure of what the police
‘Points to Prove’ would be; this is a list of indicators that suggest whether a criminal
offence has taken place or not, the following comments depict their concerns;
“It would be hard to prove, and hard to get through court, that someone had been exploiting
someone else’s resources, what do they mean by that? … How are they going to implement
these things on an operational level?” – Joe.
“Points to prove is going to be a difficult one, with any legislation you have to have grounds
and points to prove in order to make it a justified and legal arrest, you really have to be spot
on with those grounds, it’s all well and good if the aggrieved comes forward … but if they
don’t come forward and give you that information or cooperate, if they don’t help themselves
then that’s when it becomes difficult for us because you have to [have proof] in order for it to
be a legal arrest.” – Roger.
Failings of the police in terms of domestic violence are often part of debates around
the topic, but, do these participants have a point? Perhaps domestic violence is more
difficult as a crime for the police to deal with because of the private nature and this
therefore does not mean the police have been failing but rather the instruments they
have available to them in order to deal with the matter have been failing. Orr (2013)
wrote an article in The Guardian in which she questioned the validity of such a
statement; the police only get involved within issues of domestic violence when they
become public knowledge, and more so when the cases are of celebrity victims. As
mentioned in chapter two, a vast amount of improvements within the police service
in terms of domestic violence have been made; this bill may provide even more
powers for the police; however these powers will need to be regulated and
monitored to ensure they are effective. The findings from the interviews with both
Special Constables did, however, indicate that my research is equivalent to prior
works on this topic as everything mentioned resonated with previous conclusions.

37
The major concern raised about the bill that was, unfortunately, not uncommon was
in the belief that not only was it going to be unsuccessful in making any difference to
domestic violence or criminal law, but it could potentially make matters worse.
“The disadvantage is that it’s not going to tackle [underlying issues that lead to domestic
abuse within relationships], all it’s going to do is criminalise more people, and therefore make
it harder for those that are criminalised to actually tackle the situation … what we need to
work at is getting better at being able to identify those things and tackling those issues, rather
than just bringing in another law to criminalise people which could potentially make matters
worse” – Joe.
“I don’t think it will cause any type of change whatsoever. I don’t think it will reduce
domestic violence, I think the rates of domestic violence in terms of numbers will actually
increase due to more reporting and more acts being deemed criminal … but I don’t think
people will stop committing domestic abuse or violence because of a bill. You know, domestic
violence has existed for hundreds of years and we are still seeing it as a problem today, I just
can’t see it changing.” – Jason.
These comments indicate an enormous concern that could potentially destroy the
efforts of those initiating and implementing the bill. These concerns are emulated in
the media; Weare (2014) claimed ‘introducing such legislation is not sufficient to
combat the issue of domestic abuse unless it is supported by an improvement in the
responses of criminal justice agencies to abuse, and increased investment in support
services for victims’, it seems there is a united consensus about this bill not being
enough; regardless of industry or institution. Further evidence to support this claim
comes from the Summary of Responses to the Home Office (2014e) consultation on
strengthening domestic violence law; ‘85% of respondents felt that the current law
does not provide adequate protection for victims’ (p6). These participants stated that
more needed to be done in terms of strengthening the law, similar suggestions will
be discussed below.

38
4.3.3 Overall
What is evident is that domestic violence is already an incredibly difficult subject for
the criminal justice system to be tackling, thus domestic abuse will be an even bigger
challenge. The private nature of domestic violence and where it most commonly
occurs means it is hard for the public to gain access and be involved in it, as a
participant rightly questioned;
“How are you going to stamp out a thing that [happens] behind closed doors?” – Jason.
Furthermore, what became apparent through the process of research was that
domestic violence, in the past, has only ever been tackled through the
implementation of civil laws, which provided victims with support and the tools
necessary to leave abusive relationships and gain strength over the perpetrators.
However, perpetrators often did want not to see themselves as abusers;
“I think some people don’t ever want to admit it, they don’t ever want to admit that they’re
that person, that they’re abusive or violent, a lot of them will use excuses – they’ll minimise
and blame [the victim]” – Zoe.
Nevertheless, the new law will make it impossible for them to run away from this.
The bill will need a great deal of monitoring to ensure it is being policed correctly,
many people will have to be included within this process; the participants offered
some suggestions of how the bill should be monitored, as the enforcement, policing
and monitoring of the bill were all put forth as causes of concern by the participants;
this was best described by the following comment:

39
“They need to make sure they’ve got an action plan in place to follow through and review [the
new law] they need to review it after a year to look at outcomes and how it has impacted on
everybody that’s involved … it needs an independent monitor to see … if it’s actually being
enforced and how they’re doing it” – David.
There is potential for the bill to have some success but it will need monitoring,
regulating and overseeing at all stages to ensure this success materialises.
4.4 Is it Just About the Law?
From the above answers, it is clear that some of the participants did not have a great
deal of faith in the success of the bill, they highlighted the fact that previous laws
had not had a great amount of success in dealing with domestic violence; “I think the
law [has been] inadequate otherwise we would have seen year on increases of prosecution in
the last twenty years and we haven’t – it’s remained static” (Harry). However, several
participants suggested other ways of tackling domestic violence that could
potentially be more effective than just the implementation of this bill into criminal
law. When asked what he thought would be a more effective method of dealing with
domestic violence, one participant stated;
“EDUCATION! (In what sense?) In the respect of educating people at a very young age
what relationships are all about and I think nurturing those people to explain what real love
is and how relationships should be formed and kept, and that any form of deviation from that
could be seen as abuse … Even the perpetrators themselves say that, had this been taught in
school, then maybe they would have stood a chance.” – Jason.
Both of the Special Constables displayed a lack of knowledge on domestic violence,
one was explained through the lack of training available for this role and the other
due to his job being linked to the British Transport Police and so not dealing with
many cases of domestic violence. This raises questions of whether this is something

40
specifically to do with the training available on domestic violence, a lack of personal
interest or perhaps a deeper rooted issue within police culture and opinion on
domestic violence. Harry explained;
‘I think what we need is the new laws and cultural shift … without the police taking into
account the totality of behaviour, we won’t be able to move forward’.
This would be a key point to look at with future research – domestic violence and
the police, what causes the lack of concern with this issue? Lewis (2004) and Curran
(2010) have both looked at previous domestic violence law and the police
involvement, as discussed in chapter two, but this new research could decipher
whether a lack of concern for domestic violence is deep routed in the institution of
the police service. The findings of this dissertation are crucial to further research;
perhaps we can gain an understanding that shows it is not the fault of the police but
rather that domestic violence does not allow room for their involvement due to its
private nature; we therefore have to raise more awareness and bring the private into
the public so more can be done. This point has been repeated throughout the
dissertation and the participants echoed it too.
Furthermore, the Home Office (2014) Summary of Responses publication on
strengthening domestic violence law agreed with many of the suggestions put forth
by the participants in this study; for example, Zoe highlighted that the new bill
lacked coverage on stalking and harassment and that should be added to future
legislation; this was reiterated in comments made by the participants of the Home
Office consultation. This highlights that universality is found in all realms with
reference to domestic violence; more must be done and this law is not quite enough.

41
Chapter Five: Conclusion
Throughout this dissertation, the focus has remained consistently on the Domestic
Violence Bill (2014). The original questions have been addressed and answered and
this dissertation should be seen as a great start for future work to build on. Overall,
the bill was seen the next step in tackling domestic violence, but had major flaws that
should be considered. There was agreement amongst the interviewees that this new
law would raise awareness but was not enough to solve the problem. Some believed
that the answers lie in education and dealing with causes of domestic violence as
opposed to dealing with the crime itself; as David stated, “prevention is better than
cure”. All believed future work is necessary but the recognition of domestic violence
as a crime in its own right means it will now be tackled by criminal law. Below, the
title question of the dissertation will be answered, followed by further thoughts on
the dissertation process and recommendations for future work.
5.1 Will the DomesticViolence Bill(2014)Successfully Tackle
DomesticViolence?
What is evident from the answers offered by the participants is that previous laws
have failed to successfully address this issue, whilst civil law made the major
advancements to provide support for the victims, criminal law has not shown any
attempts to tackle the issue, until now. The matter was covered by laws that were
already in place, such as Common Assault, Battery and Murder, but these were not
enough to be considered as laws that tackled domestic violence specifically. The bill
is the first real attempt by contemporary British society to highlight domestic
violence, create a law that sees it as an offence in its own right and look at the
difficulties produced by domestic abuse for victims as well as agencies of control
who have a responsibility to those victims. This is the start of a journey that will
continue to grow, a battle that will be strengthened by this law, and future laws, that

42
ensure domestic violence receives even further public awareness and response to an
undoubtedly dreadful crime. Indeed, it is a great start but is by no means perfect and
is not yet enough. The implementation of this law will allow for the agencies of
control and agencies of victim support to gain the right training to deal with the
matter and tackle it effectively, however whether this will be successful is still up for
debate. The feminist movement that brought domestic violence to the forefront of
public attention some forty years ago have achieved what they set out to do and
criminal law is finally tackling the issue that was often seen as a private matter and
of having no relevance within the public sphere, but there is still much more that
needs to be done before we can conclude that this has been a successful initiative in
the fight against domestic violence.
5.2 FurtherThoughts and Recommendations
The research conducted as part of this dissertation provided insightful answers, rich
data and key commentary by people who have expert knowledge on domestic
violence. Although there were some issues with the research, overall it successfully
answered the questions it set out to consider. The findings contributed to pre-
existing evidence and agreed with many other fields of research on the topic of
domestic violence. The respondents provided crucial evidence to support a major
argument of this dissertation; previous law on domestic violence has failed to
successfully deal with the problem. This new law is fantastic as it finally brings
domestic violence into criminal law and calls for a different type of awareness on the
issue, but, without proper monitoring and equipping all of the agencies of control
with the correct tools to deal with the matter, this new law will also fail the victims,
therefore not successfully tackling domestic violence.
When looking back at the dissertation process and research, there were some areas
that needed further analysis. Whilst the interview process was a success, as a lot of

43
crucial information was found which echoed academic work on the topic, there were
some flaws. One example arose through asking participants to provide comments on
the bill before asking for specific strengths and weaknesses of it. Due to this, some
participants merged their answers into the first question; therefore future research
needs to make it clear what the first question was trying to ask and ensure there is
clear separation between each individual question. Even so, the questions used were
organised well; the first few questions introduced the topic of domestic violence to
the participants which prepared them for the key questions on the bill and the final
few questions allowed for participants to prepare for the end of the interview.
Furthermore, future work could aim to have questions created for each separate
participant as there was a clear difference in the questions that were necessary for
the Special Constables compared to the HRP facilitators working with perpetrators.
However, due to the method of data collection used being semi-structured
interviews, the interview process had to follow a particular pattern that could not be
altered radically to accommodate the various fields participants were from. This may
have negatively affected the research as the questions did not relate specifically to
each individual participant.
If this research was to be repeated once the bill has been implemented into British
law for a number of years, a higher number of participants are needed; and an equal
balance between them is vital. Thus people from the courts, probation service, victim
programmes, police force – in several ranks and National Health Service (NHS) must
also be interviewed to achieve an informed and balanced opinion on the success of
the law.
This dissertation, similarly to the bill itself perhaps, is a vital component in the
analysis of law and its ability to tackle domestic violence, however it is a starting
point and a lot more work must be done to achieve a detailed analysis of the effects

44
this law will have on society and on domestic violence. Therefore, we are most
certainly on the right track but there is room for improvement in order to truly
understand how domestic violence should be tackled by contemporary British
Criminal Law. The final conclusion about this dissertation and the success of the bill
is equal; a step in the right direction but more must be done.

45
Reference List:
Abrar, S., Lovenduski, J. and Margetts, H. (2000) ‘Feminist Ideas and Domestic
Violence Policy Change’, Political Studies (48), pp. 239 – 262.
Anderson, K. L. (1997) ‘Gender, Status and Domestic Violence: An Integration of
Feminist and Family Violence Approaches’, Journal of Marriage and Family (59)3, pp.
655 – 669.
Babcock, J. C., Green, C. E. and Robie, C. (2004) ‘Does Batterers’ Treatment Work? A
Meta-Analytic Review of Domestic Violence Treatment’, Clinical Psychology Review
(23), pp. 1023 – 1053.
Berry, D. B. (2000) The Domestic Violence Sourcebook. 3rd
Edn. United States of
America: McGraw-Hill.
Bogner, A., Littig, B. and Menz, W. (Eds.) (2009) Interviewing Experts. England:
Palgrave Macmillan.
Bryman, A. (2008) Social Research Methods. 3rd
Edn. United Kingdom: Oxford
University Press.
Bullock, K., Sarre, S., Tarling, R. and Wilkinson, M. (2010) ‘The Delivery of Domestic
Abuse Programmes: An Implementation Study of the Delivery of Domestic Abuse

46
Programmes in Probation areas and Her Majesty’s Prison Service’. Ministry of Justice
Research. London: Crown.
Coker, D. (2001) ‘Crime Control and Feminist Law Reform in Domestic Violence
Law: A Critical Review’, Buffalo Criminal Law Review (4)2, pp. 801 – 860.
Collins, H. M. and Evans, R. (2002) ‘The Third Wave of Science Studies: Studies of
Expertise and Experience’ Social Studies of Science 32(2), pp. 235 – 296.
Curran, L. E. (2010) No Further Action? A Critical Examination of the Past and
Present Police Response to Domestic Violence, Internet Journal of Criminology, pp. 1 –
28.
Dobash, R. E. and Dobash, R. P. (2000) ‘Evaluating Criminal Justice Interventions for
Domestic Violence’, Crime and Delinquency (46)2, pp. 252 – 270.
The Domestic Violence, Crime and Victims Act 2004
The Domestic Violence and Matrimonial Proceedings Act 1976
Domestic Abuse Intervention Programs (2011) ‘Home of the Duluth Model, Social
Change to End Violence Against Women’ [Online] Available at:
http://www.theduluthmodel.org/training/wheels.html (Accessed: 05 January 2015).

47
Ellison, L. (2002) ‘Prosecuting Domestic Violence without Victim Participation’, The
Modern Law Review (65)6, pp. 834 – 858.
Felson, R. B., Messner, S. F., Hoskin, A. W. and Deane, G. (2002) ‘Reasons for
Reporting and Not Reporting Domestic Violence to the Police’, Criminology (40)3, pp.
617 – 648.
Fletcher, H. (2014a) ‘Proposed Bill – Domestic Violence Act (2014)’ Harry Fletcher
Domestic Violence Law [Online]. Available at: http://www.hfletcher.co.uk/bill/
(Accessed: 14 March 2014).
Fletcher, H. (2014b) ‘About the Campaign’ Harry Fletcher Domestic Violence Law
[Online]. Available at: http://www.hfletcher.co.uk/about-the-campaign/ (Accessed:
14 March 2014).
Garcia-Moreno, C., Jansen, H. A. F. M., Ellsberg, M., Heise, L. and Watts, C. (2005)
‘WHO Multi-Country Study on Women’s Health and Domestic Violence Against
Women’ World Health Organisation. Switzerland: WHO Press.
Gillham, B. (2005) Research Interviewing: The Range of Techniques. England: Open
University Press.
Groves, N. and Thomas, T. (2014) Domestic Violence and Criminal Justice. Oxon:
Routledge.

48
Harne, L. and Radford, J. (2008) Tackling Domestic Violence: Theories, Policies and
Practice. England: Open University Press.
Harway, M. and O’Neil, J. (1999) What Causes Men’s Violence Against Women?
London: Sage Publications.
Harwin, N. (2006) ‘Putting a Stop to Domestic Violence in the United Kingdom:
Challenges and Opportunities’, Violence Against Women (12)6, pp. 556 – 567.
Home Office (2014a) ‘World Cup 2014: Domestic Violence Campaign’ Home Office
Ending Violence Against Women and Girls in the UK [Online]. Available at:
https://www.gov.uk/government/publications/world-cup-2014-domestic-violence-
campaign (Accessed: 14 November 2014).
Home Office (2014b) Strengthening the Law on Domestic Abuse – A Consultation,
London: Crown.
Home Office (2014c) ‘Violence Against Women and Girls (VAWG) Newsletter –
Summer 2014’ Home Office Ending Violence Against Women and Girls in the UK
[Online]. Available at: https://www.gov.uk/government/publications/violence-
against-women-and-girls-newsletter-summer-2014 (Accessed: 14 November 2014).

49
Home Office (2014d) ‘’This is Abuse’ Campaign’ Home Office Ending Violence Against
Women and Girls in the UK [Online]. Available at:
https://www.gov.uk/government/policies/ending-violence-against-women-and-
girls-in-the-uk/supporting-pages/this-is-abuse-campaign (Accessed: 14 November
2014).
Home Office (2014e) Strengthening the Law on Domestic Abuse Consultation – A
Summary of Responses, London: Crown.
HMIC (HM Inspectorate of Constabulary) (2014) Everyone’s Business: Improving the
Police Response to Domestic Violence. London: Home Office.
Hoyle, C. (1998) Negotiating Domestic Violence: Police, Criminal Justice and Victims.
United Kingdom: Oxford University Press.
IPCC (Independent Police Complaints Commission) (2010) Commissioner’s Report –
An Investigation into the Police Management of Reports of Domestic Abuse made by/in
Relation to Casey Brittle. London: IPCC.
Johnson, M. P. and Ferraro, K. J. (2000) ‘Research on Domestic Violence in the 1990’s:
Making Distinctions’, Journal of Marriage and the Family (62), pp. 948 – 963.
Lehrner, A. and Allen, N. E. (2009) ‘Still a Movement After All These Years? Current
Tensions in the Domestic Violence Movement’, Violence Against Women (15)6, pp. 656
– 677.

50
Kvale, S. (2007) Doing Interviews. London: Sage Publications.
Lewis, R., Dobash, R. E., Dobash, R. P. and Cavanagh, K. (2001) ‘Law’s Progressive
Potential: The Value of Engagement with the Law for Domestic Violence’, Social and
Legal Studies (10), pp. 105 – 130.
Lewis, R. (2004) ‘Making Justice Work: Effective Legal Intervention for Domestic
Violence’, British Journal of Criminology (44),pp. 204 – 224.
Matczak, A., Hatzidimitriadou, E. and Lindsay, J. (2011) Review of Domestic Violence
Policies in England and Wales. London: Kingston University and St George‘s,
University of London.
May, T. (1993) Social Research: Issues, Methods and Process. Buckingham: Open
University Press.
Mikecz, R. (2012) ‘Interviewing Elites: Addressing Methodological Issues’ Qualitative
Inquiry 18(6), pp. 482 – 493.
Moss, R. (2014) ‘Artist Re-Imagines The Simpsons And Disney Characters As
Domestic Violence Victims In Haunting Cartoons’ The Huffington Post UK, 03 July
[Online]. Available at: http://www.huffingtonpost.co.uk/2014/07/03/alexsandro-
palombo-domestic-violence-cartoon_n_5554046.html (Accessed: 15 December 2014).

51
Musgrove, A. and Groves, N. (2008) ‘The Domestic Violence, Crime and Victims Act
2004: Relevant or ‘Removed’ Legislation?’ Journal of Social Welfare and Family Law
(29)3-4, pp. 233 – 244.
Newman, K. (1984) cited in Women’s Aid (2014) ‘An Historical Perspective on Legal
and Cultural Attitudes to Domestic Violence – Some Helpful Facts’ Women’s Aid
[Online]. Available at:
www.womensaid.org.uk/core/core_picker/download.asp?id=1859 (Accessed: 12
December 2014).
Office for National Statistics (2013). ‘Focus on violent crime and sexual offences
2012/13 – Chapter 4: Intimate Personal Violence and Partner Abuse’. [Online]
Available at: http://www.ons.gov.uk/ons/dcp171776_352362.pdf cited in Home Office
(2014b) Strengthening the Law on Domestic Abuse – A Consultation, London: Crown.
Orr, D. (2013) ‘Is Domestic Violence a Private Matter Because There’s No CCTV at
Home?’ The Guardian, 13 July [Online]. Available at:
http://www.theguardian.com/commentisfree/2013/jul/13/domestic-violence-private-
matter-cctv (Accessed: 01 March 2015).
Rubin, H. J. and Rubin, I. S. (2005) Qualitative Interviewing: The Art of Hearing Data. 2nd
Edn. London: Sage Publications.

52
Seal, A. (2015) “Thematic analysis”, in Gilbert, N. and Stoneman, P. (eds) Researching
Social Life, Sage: London.
Sturges, J. E. and Hanrahan, K. J. (2004) ‘Comparing Telephone and Face-to-Face
Qualitative Interviewing: A Research Note’, Qualitative Research (4), pp. 107 – 118.
Swetnam, D. and Swetnam, R. (2009) Writing Your Dissertation. 3rd
Edn. Oxford: How
To Books.
Tickle, L. (2014) ‘How the UK’s Legal System is Failing Victims of Domestic
Violence’, The Guardian, 29 November [Online]. Available at:
http://www.theguardian.com/society/2014/nov/29/how-uk-legal-system-failing-
domestic-violence-victims (Accessed: 01 December 2014).
Vagianos, A. (2014) ‘Bruised and Bloodied Disney Princesses Remind Us Domestic
Violence Can Happen to Anyone’, Huffington Post, 09 July [Online]. Available at:
http://www.huffingtonpost.com/2014/07/09/disney-princess-domestic-abuse-saint-
hoax_n_5567711.html (Accessed: 12 September 2014).
Walby, S. and Allen, J. (2004) ‘Domestic Violence, Sexual Assault and Stalking:
Findings from the British Crime Survey’ Home Office Research Study 276. London:
Crown
Weare, S. (2014) ‘‘Domestic Abuse is Everyone’s Problem’: Why Criminalising
Coercive Control Just Isn’t Enough’, Lancaster University, 17 December [Online].
Available at: http://www.lancaster.ac.uk/news/blogs/siobhan-weare-/why-
criminalising-coercive-control-just-isnt-enough/ (Accessed: 01 March 2015).

53
Welsh, K. (2008) ‘Current Policy on Domestic Violence: A Move in the Right
Direction or a Step Too Far?’ Crime Prevention and Community Safety (10), pp. 226 –
248.
Women’s Aid (2014) Domestic Violence A- Z: Statistics [Online]. Available at:
http://www.womensaid.org.uk/domestic_violence_topic.asp?section=0001000100220
036sionTitle=statistics (Accessed: 14 November 2014).

54
Appendix A: The Domestic Violence (2014) Bill Proposal
Final draft
16.9.14
A
BILL
To
Make provision for the investigation of allegations of coercive control
and domestic violence, for duties on the police in respect of domestic
violence, for risk assessment and training in connection with related
criminal proceedings in England and Wales; and for connected
purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with advice
and consent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by authority of the same as follows:
1. Offences of Coercive Control and Domestic Violence
(1) Any person who commits an act or engages in a course of conduct that
amounts to Coercive Control in a domestic setting shall be guilty of an
offence.
(2) A person guilty of an offence under this section is liable-

55
(a) on summary conviction to a community order or imprisonment for a
term not exceeding 12 months or a fine not exceeding level 5 on the
standard scale, or
(b) on conviction on indictment to a community order or term of
imprisonment not exceeding 14 years or a fine not exceeding the statutory
maximum.
(c) There shall be a presumption of custody in respect of any person
convicted under section (2) (a) or 2(b) above unless there are exceptional
circumstances
(3) The Secretary of State shall by regulations-
(a) set out matters that the Court must take into account when determining
whether to refer the matter to the Crown Court,
(b) require a court, local authority or other public body not to disclose the
current address or postcode of the victim of an alleged offence under (1) if, in
the court’s view, it would place the victim at risk of harm by the alleged
perpetrator or any other person,
(c) provide the court with the power to require those convicted of an offence
under (1) to successfully complete a domestic violence program and/or
another appropriate counselling program as ordered by the court, and
(d) provide the court with the power to issue Domestic Violence Orders
under Section 28 of the Crime and Security Act 2010 to those convicted of an
offence under (1).
(4) Regulations under this section shall be made by statutory instrument and may
not be made unless a copy has been laid in draft before, and approved by, both
Houses of Parliament.

56
2. Prosecution of offences of coercive control
(1) The prosecution of any person under the terms of clause 1 (above) shall
not be the subject of statutory time limits.
3. Definition of Domestic Violence
(1) For the purposes of this Act, “Domestic Violence” means-
(a) Controlling, coercive or threatening behaviour,
(b) Physical violence, or
(c) Abuse, including but not limited to, psychological, physical, sexual,
financial or emotional abuse between those aged 16 or over who are or
have been intimate partners or family members regardless of gender or
sexuality.
(2) For the purposes of the definition in subsection (1)-
“coercive controlling behaviour” shall mean a course of conduct,
knowingly undertaken, making a person subordinate and/or dependent
by isolating them from sources of support, exploiting their resources and
capacities for personal gain, depriving them of the means needed for
independence, resistance and escape and regulating their everyday
behaviour.
“coercive or threatening behaviour” means a course of conduct that
knowingly causes the victim or their child or children to-
(a) fear that physical violence will be used against them,
(b) experience serious alarm or distress which has a substantial
adverse effect on the victim’s day-to-day activities.

57
(3) For the purposes of subsection (2) a person shall be deemed to have
undertaken a course of conduct knowingly if a reasonable person in possession
of the same information would conclude that the individual ought to have
known that their course of conduct would have the effect in subsection 2 (a) or
(b).
4. Domestic violence: policies, standards and training
(1) The Secretary of State shall require every police service in England,
Wales and Northern Ireland to develop, adopt, publish and implement
written policies and standards for officers’ responses to coercive control
and domestic violence incidents within one year of this Act coming into
force.
(2) The purpose of the policies required under subsection (1) shall be to
ensure that police forces prioritise cases of domestic violence involving
coercive control as serious criminal offences.
(3) The purpose of the standards required under subsection (2) shall be to
ensure-
(i) a minimum level of information and support for victims of
alleged domestic violence, and
(ii) all police officers involved in domestic violence cases shall
have had appropriate training in domestic violence behaviours.
(4) In developing these policies and standards each police service shall
consult with local domestic violence experts and agencies.
5. Provision of Training

58
(1) The Secretary of State shall, within one year of this Act coming into force,
publish and implement a strategy to provide training in domestic violence
behaviours including coercive control for those who may into contact with
domestic violence cases in-
(a) the Crown Prosecution Service,
(b) health services,
(c) social services,
(d) educational establishments, and
(e) such other public bodies as the Secretary of State
considers appropriate.
6. Annual Report
The Secretary of State shall lay before both Houses of Parliament an annual report
on the effect of the sections contained within this act on victims of domestic violence.
7. Commencement and Extent
(1) This Act extends to England, Wales and Northern Ireland.
(2) The Secretary of State may by Order in Council extend the provisions of
this Act to the Isle of Man and any of the Channel Islands.
8. Commencement
This Act shall come into force on such a day as the Secretary of State may by
statutory instrument appoint.
9. Short Title
This Act may be cited as the Domestic Violence Act 2014.

59
SCHEDULES
SCHEDULE 1
DEFINITIONS
1. Definitions
(a) “Domestic Violence” means any incident or pattern of incidents of controlling,
coercive or threatening behaviour, violence or abuse between those aged 16 or over
who are or have been intimate partners regardless of gender or sexuality. This can
encompass but is not limited to the following types of abuse:
(i) psychological
(ii) physical
(iii) sexual
(iv) financial
(v) emotional
(b) “Coercive Controlling behaviour” means a range of acts designed to make a
person subordinate and/or dependent by isolating them from sources of support,
exploiting their resources and capacities for personal gain, depriving them of the
means needed for independence, resistance and escape and regulating their
everyday behaviour.
(c) “Coercive behaviour” means an act or a pattern of acts of assault, threats,
humiliation and intimidation or other abuse that is used to harm, punish, or frighten

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