An Appeal From ACPO
ACPO has issued an appeal for case studies to test the adequacy of the law in relation to Death Following Abuse. If you have knowledge of any cases that involving a suicide following abuse, Chief Constable Brian Moore would like to hear from you.
In September 2009, the ACPO Violence and Public Protection Portfolio undertook a review at the request of the Home Office into perpetrators of violence against women and girls.
UK statistics indicate that in 2000, 34% of female suicide victims had experienced Domestic Violence (Walby, 2004). Other research (Stark and Flitcraft 1995) implies that:
Battered women were more likely to attempt suicide than non-battered women.
Battering in conjunction with ethnicity, marital status (being recently married and young) and reproductive health (being pregnant or having experienced one or more miscarriage) increased the risk of attempted suicide.
Over one third of the sample identified had experienced an abuse-related injury on the same day as their suicide attempt, and that 65% were assaulted within six months of their attempt.
The case of R v Dhaliwal (2006) EWCA Crim 1139 is notable but the prosecution failed on the basis of proving the distinction between psychological and psychiatric harm. The ACPO Review considered whether it should be necessary to have to prove an assault (through psychiatric injury) in order to bring and secure a conviction for manslaughter. Whilst research is limited in this area, I am aware of anecdote that suggests there are people who become so desperate at their plight through abuse that they take their life to escape it. There is some evidence that such cases are not isolated incidents.
I wrote to the Direct of Public Prosecutions to seek his views on the adequacy of the law. The DPP considered that the present manslaughter law is adequate, and asked his prosecutors to identify a suitable case upon which to test his view of current law and the concern we have raised. I also wrote to all Heads of CID and Coroners asking them to raise with me cases of concern for further consideration.
I would like to hear from any Officer or member of staff who has dealt with any incident where a person appears to have taken their own life and they may have been subject to domestic abuse which could have been a factor in their demise.
My Review recommended that a new liability for suicide law be considered after the adequacy of current law has been tested further. I now wish to develop our view and to identify suitable case/s which may support the need for a review of the law.
Please contact my staff officer Lian.Dunwell-Smith@wiltshire.pnn.police.uk if you have any questions or suitable cases to raise with us.
Brian Moore,
Chief Constable and ACPO lead for Violence and Public Protection.