Handbook on effective prosecution responses to …

1 Handbook on effective prosecution responses to violence against women and girlsCRIMINAL JUSTICE Handbook SERIESThis publication has been prepared in cooperation with the Thailand Institute of JusticeUNITED nations office ON DRUGS AND crime ViennaHANDBOOK ON effective prosecution responses TO VIOLENCEAGAINST women AND GIRLSCRIMINAL JUSTICE Handbook SERIESUNITED NATIONSNew York, 2014 united nations , August 2014. All rights reserved designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the united nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or publication has not been formally production.

2 English, Publishing and Library Section, united nations office at Handbook on effective prosecution responses to Violence against women and Girls has been prepared for the united nations office on Drugs and crime (UNODC) by Eileen Skinnider, Associate, International Centre for Criminal Law Reform and Criminal Justice first draft of the Handbook on effective prosecution responses to Violence against women and Girls was reviewed and discussed during an expert group meeting held in Bang-kok from 8 to 10 April 2013, organized in cooperation with the Thailand Institute of Justice. UNODC wishes to acknowledge the valuable suggestions and contributions of the following experts who participated in that meeting: Dr.

3 Chatchom Akapin, Vongthep Arthakaivalvatee, Mark Charoenwong, Roberta Clarke (UN women ), Santanee Ditsayabut, Dilcya Garc a Espinoza de los Monteros, Malak Ghazal, Vugar Guliyev, Borja Jim nez Mu oz, Dr. Nathee Jitsawang, Aaron M. Johnson, Retha Meintjes, Saroj Nakbet, Jacinta Nyamosi, Adisak Panupong, Prem Nath Prabhakaran, Dr. Phiset Sa-Ardyen, Valeria Scarance, Charlotte Triggs, Sukanya Vesvarut and Tien-porn gratefully acknowledges the funding provided by the Government of Thailand and the Thailand Institute of Justice for the development, printing and dissemination of the Handbook on effective prosecution responses to Violence against women and ..1 Part One . Current reflections on violence against women and girls and the role of the criminal justice system.

4 5A . Violence against women and girls ..71 . Defining violence against women and girls ..72 . Extent and nature of violence against women and girls ..193 . The international and regional human rights framework ..21B . The role of the criminal justice system in combating violence against women and girls ..231 . The international framework ..232 . The criminal justice response to violence against women and girls ..263 . Demystifying common misperceptions among criminal justice officers ..30 Part Two . effective responses in cases involving violence against women and girls: the role of the prosecutor ..39A . Dealing with victims ..411 . Understanding the victims of violence against women and girls.

5 412 . The role and rights of victims .. 473 . Interviewing the victim ..504 . Protecting the victim throughout the criminal justice system ..525 . Supporting and assisting the victim throughout the criminal justice system ..596 . Preparing the victim for trial ..607 . Dealing with uncooperative victims or recanting victims ..62B . The role of the prosecutor in violence against women and girls: investigation processes ..691 . Prosecutor s relationship with police and investigators ..692 . Providing advice to investigators ..703 . Playing a more active role in investigations ..72viC . The decision to prosecute and the selection of charges ..751 . Exercising prosecutorial discretion ..752 . Charge assessment.

6 813 . The issue of diversion ..834 . Cases where victims of violence against women and girls are charged with crimes ..845 . Resolution discussions or plea bargaining ..87D . Pretrial release considerations ..911 . Urgent protective measures ..912 . Issues to consider at bail/pretrial hearings ..923 . Criminal no-contact orders ..954 . Disclosure considerations .. 98E . Evidentiary issues ..991 . Evidentiary considerations for trial ..992 . Forensic, scientific and medical evidence ..1023 . Using expert witnesses ..111F . Trial considerations ..1151 . Expedited hearings ..1152 . Eliminating fact-finders (judge/jury) bias ..1163 . Applying for special measures: creating an enabling court room environment.

7 118G . The role of the prosecutor in sentencing and post-conviction ..1211 . Differing roles played by prosecutors in different jurisdictions ..1212 . Seeking appropriate sentences ..1213 . Issues of restitution and reparations ..1264 . Post-conviction considerations ..127H . Restorative justice and violence against women and girls ..129 Part Three . effective institutional practices to address violence against women and girls: approaches of the prosecution agency ..133A . Developing policies and protocols ..1351 . Policies ..1352 . Protocols ..140viiB. Improving service delivery ..1411. Service delivery structures ..1412. Case management issues ..1433. Issues of resources.

8 1434. Prosecutorial services in remote areas ..144C. Establishing specialized expertise ..1451. Specialized units ..1452. Specially designated prosecutors ..147D. Training and capacity development ..149E. Inter-agency collaboration and coordination ..153F. Accountability and oversight ..1571. Oversight to ensure accountability ..157G. Monitoring and evaluation ..161 1. The importance of data collection ..1612. Monitoring mechanisms ..163H. The role of the prosecution agency in preventing crimes of violence against women and girls ..1671. prosecution agencies involved in public information and education ..1672. Community prosecutors ..1683. prosecution agencies and the media ..168I. The role of the prosecution agency in law reform.

9 168 Annexes1. List of selected international and regional instruments ..1712. List of online sources and references ..1753. Selection of relevant training materials for prosecutors ..1791 IntroductionViolence against women and girls is a widespread and serious violation of human rights that has severe physical, psychological, emotional and social consequences. The process of bringing a complaint into the criminal justice system can be a difficult and traumatizing experience for many victims for different reasons. Gender bias and discrimination fuel myths around such violence which shape the criminal justice response to these crimes. Many victims never report their victimization or they have been filtered out of the criminal justice system, resulting in low charge and conviction rates.

10 A victim s decision to report gender-based violence and continue within the criminal justice system is one of the most important factors affecting the prosecution of cases. The way in which the criminal justice professionals initially respond to victims is critical in determining whether a victim chooses to participate in further legal action, or abandons it because she has experienced secondary victimization1 or harsh treatment by the criminal justice play a critical role in the criminal justice response to violence against women and girls. While prosecutors face different duties and tasks depending on their State s legal system, they generally represent the authority of the State in bring-ing a criminal case against the accused perpetrator, ensuring the application of the law during the criminal proceedings.