Essential Criminal Law Insights for Family Lawyers

Introduction

In many, many family cases there has been a report to the police in relation to the other partner’s conduct, which may or may not have resulted in either a decision to charge or a conviction.

Allegations of criminal behaviour are clearly and obviously highly relevant to public and private Children Act proceedings. Financial Remedy proceedings are also affected by criminal allegations as they may form the basis of an argument on ‘conduct’ within the Matrimonial Causes Act 1973.

In March 2024 a new protocol was brought into force in relation to the interplay between criminal proceedings, police material and family proceedings and, in November 2024, the Government commenced a pilot scheme in relation to Domestic Abuse Protection Notices and Domestic Abuse Protection Orders.

Family lawyers need to understand the basics of criminal law and how they relate to family proceedings, in particular in relation to domestic abuse.

The confidentiality of family proceedings is constantly changing with a plethora of new cases, which impacts on the approach of the family courts to disclosing information into criminal proceedings.

This webinar will provide the most up-to-date overview of criminal law as they are likely to apply to family proceedings, including guidance as to how to obtain disclosure from the police and CPS.

What You Will Learn

This webinar will cover the following:

• Overall structure of the criminal process, burden of proof, admissibility of evidence, current issues in relation to delay
• Bail and legal aid
• Likely sentences for domestic abuse offences including coercive control
• What documents or transcripts the police and CPS are likely to hold
• What is the current guidance to obtain such documents from police or CPS?
• At what point in the process will the CPS or police documents be made available?
• Can you stop the CPS or the police from obtaining documents in the family court?
• What applications can the police or CPS make to protect an alleged victim from harassment - Stalking Protection Orders, DAPO, Restraining Orders, Sexual Risk Order?
• Managing family court litigants who are serving prisoners

This pre-recorded webinar will be available to view from Tuesday 6th May 2025

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.