Cooperative actors in domestic abuse and their association with prosecution: implications for the criminal justice system
| Author | Stuart Kirby,Rebecca Phythian,Nathan Birdsall |
| DOI | 10.1177/0032258X20931922 |
| Published date | 01 June 2022 |
| Date | 01 June 2022 |
| Subject Matter | Articles |
2022, Vol. 95(2) 391 –406
Article
Cooperative actors in
domestic abuse and their
association with
prosecution: implications
for the criminal justice
system
Nathan Birdsall
University of Central Lancashire, UK
Stuart Kirby
University of Central Lancashire, UK
Rebecca Phythian
University of Central Lancashire, UK
Abstract
Suggestions to increase prosecution rates in domestic abuse cases often focus on
improving victim cooperation and evidence gathering. This study explores the impact of
persons involved in abuse investigations by modelling five variables (victim cooperation;
witness cooperation; presence of children; suspect admission; and presence of physical
evidence) across 540 cases of domestic abuse. The presence of physical evidence, as well
as victim and witness cooperation, all increased the likelihood of a charge against the
suspect. However, suspect confession often resulted in a police caution, meaning no
successful charge. The implications of these findings to improve investigation and pro-
secution are discussed.
Keywords
Domestic abuse, intimate partner violence, suspect charging, victim engagement
Corresponding author:
Nathan Birdsall, University of Central Lancashire, Fylde Rd, Preston PR1 2HE, UK.
Email: Nbirdsall2@uclan.ac.uk
The Police Journal:
Theory, Practice and Principles
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DOI: 10.1177/0032258X20931922
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392 The Police Journal: Theory, Practice and Principles 95(2)
Introduction
Domestic abuse is considered a problem in many countries across the world, with
police forces criticised in relation to recording practices, officer responses and victim
support (Eigenberg et al., 2012; HMICFRS, 2017). This concern also includes the lack
of prosecution, even though many police agencies and jurisdictions have a policy of
positive action.
Within the UK, Her Majesty’s Inspectorate of Constabulary (2014) conducted a
critical thematic review of crime recording practice and made recommendations to
improve the recording and investigation of domestic abuse. This included a requirement
for police forces to provide an explanation when a prosecution was not instigated.
Subsequently, whilst the Crime Survey of England and Wales suggests that the preva-
lence of abuse has remained constant, police records showed an increase of 23%for the
year ending March 2018 compared to the year before (a total of 599,549 recorded cases)
(Elkin, 2018). Therefore, it is believed that crime recording has improved following the
data integrity inspections, as police reports are more consistent with the estimates
derived from victim surveys (MOPAC, 2019).
With increased police recording, however, investigative issues have become more
apparent. In terms of arrest rates, national police data illustrated that, on average, arrests
were made in 38 cases out of every 100 reported (ONS, 2018). In their report on case
outcomes, the Home Office (2018) discovered that UK domestic abuse prosecutions
(charges/summons) dropped from 18%in 2017 to 15%in 2018. The national review
found that ‘evidential difficulty’ was the most likely reason for this, highlighting the rise
in evidential difficulty disposals from 42%in 2017 to 47%in 2018. In essence, the rise is
believed to be linked to the fact that more complex crimes are recorded, such as cases
concerning victim non-cooperation and historical reports, which result in a higher level
of non-prosecution (Home Office, 2018; MOPAC, 2018). A key issue within forming
responses to domestic abuse, therefore, is how to bring more perpetrators to justice given
the rise in evidential difficulty cases (CPS, 2017). As Davis et al. (2003) explain,
enhanced investigation can add substantially to the cost and level of resources associated
with the inquiry, meaning that this approach suffers from practical difficulties at a time
when police resources are declining (UNISON, 2018). This study aims to explore these
issues in more detail, specifically exploring the importance of actor cooperation in
relation to charging a suspect for a domestic abuse crime.
Literature review
Whilst many police forces support ‘positive action’ in domestic abuse cases, this term
often remains ambiguous and is directed by individual discretion on a case-by-case basis
(Barlow and Walklate, 2018). Often, a multitude of decisions are required, including:
whether the behaviour can be interpreted as domestic abuse; which legislation is most
appropriate for arrest; and the most appropriate way for the case to progress (Myhill and
Johnson, 2015). In this process, frontline officers are said to form simplistic ‘schemas’,
use ‘street craft’, or ‘working rules’ to formulate a personalised framework for inter-
preting events, people, and situations (Robinson et al., 2018). Due to the diverse and
2The Police Journal: Theory, Practice and Principles XX(X)
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