High public interest aspect to domestic violence cases, say lawyers

Prosecutors may have pressed ahead with assault charges against Caroline Flack due to high public concern around domestic violence, lawyers have said.

Questions have been raised over whether the case should have proceeded amid concerns over the 40-year-old’s mental health.

Former director of public prosecutions Lord Ken Macdonald told the PA news agency: “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.”

Police and lawyers are encouraged to pursue charges even where the alleged victim has withdrawn their support.

Former CPS prosecutor for the north-west Nazir Afzal told BBC Breakfast: “They just follow the evidence.”

Concerns have also been raised over the level of support given to vulnerable defendants facing charges.

Lord Macdonald said: “The prosecutors could in theory have said ‘we won’t prosecute this case because she is too fragile’, but that’s quite rare to drop the case for that reason.

“Normally the prosecutor would say ‘well we’ll go through the court process and the court can take into account her mental health when it’s passing sentence’.”

He added: “There is a huge, hidden problem of mental health issues in criminal justice.”