In the uk domestic violence accounts for a quarter of all crime, despite these figures it is recorded that only 5 per cent of recorded cases of domestic violence end in conviction, less than 20 per cent of rapes and sexual assaults are reported to the police, and less than 6 per cent of rapes result in conviction. Wells points out as a comparison, the number of women that are in prison, and the seemingly trivial reasons for there incarceration. There are now over 4,500 women in prison, an increase of 194 per cent in the last ten years. One woman out of 12 judges in the house of lords, 5 women out of 43 police chief constables, 18 women out of 42 chief officers of probation, 7 women out of 42 chief crown prosecutors, 31 women out of 138 prison governors. There was evidence of sexual harassment and discrimination experienced by women working in the system.

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Domestic violence is not discriminatory and occurs between people of all social classes, amongst all racial and religious groupings and in all age groups. Crime and other statistics can only provide us with a taster of the real picture. The nature and extent of the suffering which is endured by families behind closed doors is very much something that is kept private. Victims of domestic assaults often do not complain of violence, either through fear of being further assaulted, or because they are too embarrassed and ashamed to reveal their plight to professionals who might be able to assist them.

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Although the traditional perspective is that victims of domestic violence are predominately women, this is not always the case, men, children and the elderly are vulnerable to domestic violence too. This said there is an abundance of evidence to show that it is women and children who are the main victims. Children who themselves suffer violence at the hands of a parent are in the main protected by the state though child protection procedures. The remedies provided by the civil law are therefore generally used to obtain protection for an adult victim.

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These range from historical unequal power relations between men and women to cultural perceptions, women's sexuality, inaction on the part of the agents of the state to the traditional perception in law and practice that matters within the family and between a husband and wife are basically private matters in which outside or state involvement should be kept to a minimum. Unlike other forms of crime, the problem with domestic violence has been that even the law itself is not well developed and the law that is there on this issue has not been enforced as vigorously as possible. It is from this premise that efforts have been made in the recent past both at national and international level to strengthen the law on traditional patterns of violence and to expand the scope of the law to cover new forms of violence. While the problem often encountered in this process at national level is the doctrine of privacy and the concept of the sanctity of the family, the dichotomy of the public/private sphere is the problem at international level. In the uk, domestic assaults are criminal offences and a man who attacks his wife can be prosecuted for his actions. He may be charged with one or more of various offences against the person included the offence of rape. The protection from harassment act 1997 introduced strong measures to assist those who are victims of a course of conduct, which amounts to harassment and made such conduct a crime.

However, victims of domestic violence and harassment may be reluctant to become involved in the prosecution process for a number of reasons. These include the realisation by the victim that the matter is no longer under her control once she has reported an attack to the police. It will be up to the police to decide whether and how they wish to investigate her complaint, and it will be the decision of the crown prosecution service whether or not to go ahead and press charges. This loss of control acts as a disincentive to women to report incidents of violence, as they may well fear the consequences of their action if the police and crown prosecution service fail, as they see it, to respond in an appropriate fashion. In the past the police have been unwilling to intervene in cases of domestic violence, and to prosecute offenders.

This perception of the police as unwilling to come to the assistance of victims of domestic assaults is still evident today, even though domestic violence is taken much more seriously by the police than in the past, and even though police practices in many areas have changed radically in favour of the victim. Figures from british crime surveys suggest that domestic violence forms the largest single category of violent crime. In a survey carried out by davis and gretny revealed that of a total of 448 assaults, all of which were referred to the cps, there were 243 54 per cent non domestics and 205 46 per cent domestics. If the british crime survey finding that domestic violence comprises 20 per cent of all assaults can be believed, and if the bristol police files that they surveyed can be taken to be representative of the current position, it would appear that domestic assault is significantly more likely to be prosecuted than is assault in other contexts.

This is remarkable given the widely accepted picture of domestic violence as a crime both under reported and under recorded. In such situations a victim of domestic violence, may apply for an injunction under the davis g amp cretney a, 1996 prosecuting domestic assault, criminal law review mar 162 174 or a non molestation order under s42 of the family law act 1996. The statutes have somewhat differing aims although both statutes do aim to prevent harassment and can be compared and this will be discussed. Only 'associated persons' can apply under the fla 1996 anybody can apply under the pha 1997. There are wider remedies available under the fla 1996, including the power to make 'occupation orders'.

Domestic violence/harassment knows no social boundaries and therefore an award of damages can be a salutory lesson. It can also be an important remedy for those who are scared to report, for fear of financial hardship. Such damages can, of course, if not promptly paid, be enforced in all the usual ways including execution, attachment of earnings or a charging order on land if necessary followed by an order for sale.

Presently, a power of arrest can be attached to fla 1996 orders but not to pha 1997 orders. However, although the power of arrest is retained for occupation orders it is to be abolished for non molestation orders. Breach of an injunction under s 3 of the pha 1997 is an offence breach of a non molestation order is made an offence by s 42a of the fla 1996. 7 district judges have full jurisdiction under both statutes to make orders, issue warrants and deal with contempt of court proceedings for breach of orders. A person arrested and brought before the court pursuant to the fla 1996 can be remanded in custody or on bail.

There is no power to remand a person arrested and brought before the court pursuant to the pha 1997. Punishment for contempt of court under either statute is subject to the maximum of 2 years' imprisonment provided by the contempt of court act 1981. Conviction for breach of an injunction under s 3 of the pha 1997 or for breach of a non molestation order under s 42a of the fla 1996 both carry a maximum sentence of 6 months and/or a fine not exceeding the statutory maximum on summary conviction, and a maximum sentence of 5 years and/or fine on conviction on indictment. Both statutes provide that a person cannot be both punished for contempt of court and prosecuted in respect of the same incident. The pha 1997 also creates offences ss 2 and 4 not dependant on a civil injunction the fla 1996 does not.

By s 1 of the pha 1997, a person must not pursue a course of conduct which amounts to harassment of another and which he knows or ought to know amounts to harassment of another. By s 7 3 a 'course of conduct' must involve conduct on at least two occasions and by s 7 4 'conduct' includes speech. In r v hills held that assaults in april and october 19 were not a 'course of conduct', particularly since the parties had been reconciled in the interim. In lau v director of public prosecutions quashed a conviction on the grounds that two incidents 4 months apart were not a 'course of conduct'. The fewer the number of incidents and the wider the time lapse between them, the less likely that they give rise to a 'course of conduct'. The definition of harassment and assault is the same in civil and criminal proceedings, and thus arguments on whether or not there was a course of conduct can arise in both civil and criminal courts.