Domestic Violence Rules 1996

Although the Domestic Violence Rules 1996 do not apply to criminal proceedings (Part 1 S.2), they do have implications for Community Probation Service in the areas of:

• Breaches of protection orders.
• Transfer of information.

Transfer of information

S.96 of the Domestic Violence Rules allows for the transfer of some information from civil proceedings (ie. Proceedings under the Domestic Violence Act 1995) to criminal Court.

The transfer is allowed:

• When the information may be relevant to a criminal proceeding for a "domestic violence" type offence such as male assaults female.
• For the purpose of assisting in the preparation of a Probation Officer's report under S.26 of the Sentencing Act 2002.

The information available consists of the current status of the civil proceedings and a copy of any order made in the civil proceedings.

The Domestic Violence (Programmes) Regulations 1996

The Domestic Violence (Programmes) Regulations 1996 (as amended 2002) do not apply to criminal proceedings. However, they establish the type and nature of programmes to be provided for respondents under the Domestic Violence Act 1995.

The regulations set out the approval process for programme providers, the contents and presentation of programmes and the goals and structure of programmes. S.32 and 33 deal with the goals and structure of the respondent’s programmes.

Offenders subject to a rehabilitative sentence with a condition to attend a family violence programme may also be subject to a protection order requiring them to undertake a family violence programme. It is therefore possible that both conditions may be satisfied through attendance on one programme. 

Offenders who have special conditions to attend a programme for family violence should only be referred to providers approved under the Domestic Violence Act 1995.