What happens when the abuser is arrested?
What happens when the abuser is arrested?
We'll take them to a police station. We may:
- Interview them
- Charge them with a criminal offence
- Keep them in custody until they go to court, or let them go on bail, with orders to limit what they do. For example, they could be bailed as long as they don't go back to your family home before they go to court. If they don't behave, they can be re-arrested and kept in custody.
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Will the arrested person be prosecuted?
We have to answer two questions:
1. Is there enough evidence to get a
conviction?
If the answer is No - we won't prosecute.
If Yes - we have to answer the second question…
2. Is a conviction in the public interest? (How
serious was the domestic abuse? What injuries did you have? Were
children involved? Was a weapon used? Has there been domestic abuse
before?)
If No - we won't prosecute.
If Yes - we'll prosecute.
We'll keep in mind your views and interests, and the danger you're in.
You'll find more information in the CPS Guidance on prosecuting cases of domestic violence and the CPS guide Domestic Violence - a guide for victims and witnesses.