Domestic violence prosecutions in public interest, lawyers insist after Flack suicide
Prosecutors may have pressed ahead with assault charges against Caroline Flack due to high public concern over domestic violence, lawyers have said.
Questions have been raised over whether the case should have proceeded amid concerns for the mental health of the 40-year-old TV presenter, who was found dead on Saturday having taken her own life.
Flack, who was described as “vulnerable” by her management, had pleaded not guilty to assaulting her boyfriend Lewis Burton at her former flat in north London in a court hearing in December.
A prosecutor will decide firstly whether there is enough evidence to pursue a case, and secondly whether it would be in the public interest to do so.
Former director of public prosecutions Lord Ken Macdonald said there would generally be “a strong presumption” that bringing charges in any domestic violence case would be in the public interest.
He said: “There is a high public interest presumption in favour of prosecution in domestic violence cases because domestic violence is such a common crime and it’s a dangerous crime.
“We have about 170 or 180 people every year, mainly women, who are killed during domestic violence incidents. There is a huge amount of public concern about these offences.
“Generally, there would be a strong public interest presumption in favour of prosecuting a domestic violence case where there is enough evidence to do so.”
Police and lawyers are encouraged to pursue charges even where the alleged victim has withdrawn their support.
Lord Macdonald said: “One of the major problems there is in bringing these cases is that victims often withdraw their complaint and very often that’s because they’re being bullied or threatened or manipulated by the person who has attacked them in the first place.
“So the principle has grown up that the Crown Prosecution Service (CPS) try and bring prosecutions even if the case isn’t supported by the victim and indeed they are urged to do that.
“Most of the pressure groups around domestic violence are very voluble in saying the CPS should be building cases that don’t rely just on victim testimony.”
Last month a joint report by the CPS and police inspectorates found that investigators and lawyers should boost efforts to pursue domestic cases where the alleged victim withdraws support.
Former CPS prosecutor for the north-west of England Nazir Afzal said: “They just follow the evidence.
“In this case, yes, the complainant withdrew his support for the prosecution but undoubtedly they felt they had enough.
“They had, I think, a 999 call recording, they had body cameras worn by the police, they would have had medical evidence, they would have had other evidence.”
Concerns have also been raised over the level of support given to vulnerable defendants facing charges.
Flack was arrested and charged with assault by beating after police were called to her flat in Islington on 12 December. Highbury Corner Magistrates’ Court heard that, in the aftermath of the alleged incident, Flack told police “I did it” and then warned she would kill herself.
Flack stepped down from presenting the current winter series of Love Island after the alleged assault.
The ITV programme did not air on Sunday night but was due to return last night with a tribute to Flack.