A ‘critical’ gap in legal aid provision is leading to the ‘unjust’ criminalisation of domestic abuse victims, according to a report from the Centre for Women’s Justice.

They don’t understand abuse, which focuses on the actions of police and prosecution when abuse survivors are accused of offending, highlights deficiencies in the criminal justice process. 

One weakness identified is the lack of legal aid pre-charge, which means cases that should be closed down early are not. Others include victim-survivor and women’s specialist services not being adequately considered in work to improve police and prosecutorial practice; and those services not being universally available and receiving referrals ‘too late’.

Using insights from survivors of violence against women and girls and women’s specialist services, the report makes five recommendations to better improve support for those affected by domestic abuse or coercive control who are accused of crimes as a result of the abuse they have experienced.

Legal aid should be available to allow criminal defence lawyers to engage with suspects pre-charge – a ‘critical stage when most of these cases should be closed down’, the report says. ‘Plugging the gap’ between attendance at the police station and charge [upon which legal aid is available] would 'improve access to justice and reduce costs to the criminal justice system'.

The report adds: ‘Ensuring access to legal aid for pre-charge engagement by solicitors, between police interview and charge, would help to provide opportunities for women’s experience of abuse to be taken into account.’

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CWJ has previously called for legislation to provide ‘effective defences for victims of domestic abuse who are accused of offending’. Women’s specialist services, which ‘step into the gap left by failing criminal justice processes’, require ‘sustained investment’, it says.

The report adds: ‘Independent advocacy has proved to be the most effective way for women to overcome institutional barriers and to prevent unnecessary detention, criminalisation and re-traumatisation. The involvement of women’s specialist services can help to inform decision-making by the police and prosecutors, and lead to better and more just outcomes.’

Harriet Wistrich, solicitor and CEO of CWJ, said: ‘Victim-survivors have repeatedly put themselves on the line by sharing their painful experiences to persuade those in power to implement the changes that are so clearly needed. We welcome the work begun by the National Police Chiefs Council and Crown Prosecution Service, but achieving success will require system-wide change led from the top of government.’