Res Gestae - Is the Law Different in Domestic Abuse Cases?

Introduction

Both the High Court and the Court of Appeal have looked at the use of res gestae in cases of domestic violence where the complainant does not attend to give evidence.

The recent decisions from those courts give a large boost to those prosecuting such cases. The senior courts have also considered ancillary issues such as the extent of the duty on the prosecution to call a witness and whether there is any abuse of process in not calling the individual.

This one hour webinar is suitable for all practitioners, whether charging lawyers, those advising at police stationers, or those undertaking proceedings in the magistrates' or Crown Court. It brings the law on res gestae and allied topics bang up to date for 2025.

What You Will Learn

This webinar will cover the following:

• What is res gestae?
• The procedural rules
• The Court of Appeal's view on proceeding absent the complainant
• The High Court's view on proceeding without the complainant
• What is the prosecutor's duty to call a witness and why?
• Is it an abuse of process not to call a complainant?
• What must a prosecutor do in cases with no complainant?

This pre-recorded webinar will be available to view from Monday 31st March 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.