Training for Lawyers: Representing victims of domestic abuse accused of offending

About the training

CWJ’s research and practice over many years has identified gaps in law and practice that often lead to victims of domestic abuse being prosecuted in circumstances where their experience of abuse is not properly taken into account. This includes a gap in knowledge and understanding for many criminal defence lawyers and prison lawyers, which can mean victims in these cases are not effectively represented.

These are the first four sessions of a new training programme aimed at criminal defence and prison lawyers – both barristers and solicitors – to build practitioners’ knowledge and understanding to ensure effective representation at each stage of criminal proceedings, from the point of arrest to criminal appeals. The training will be delivered by experts, including women with relevant lived experience.

Tuesday 25 June (5.30pm - 7.00pm)

Session 1: Understanding domestic abuse and using a trauma-informed approach

In this session, a survivor will describe her own experience of domestic abuse and criminalisation. Jacqui Kilburn and Bianca Petkova of Women's Aid will explain the key characteristics of domestic abuse and coercive control, the importance of using a trauma-informed, culturally competent approach and the basic elements of such an approach. Harriet Wistrich, Solicitor and Director at Centre for Women's Justice, will draw on her own experience to identify the key features of the lawyer’s role in achieving a just outcome. There will be an opportunity for questions and discussion.

Thursday 4 July (5.00pm - 6.30pm)

Session 2: At the police station

In this session, criminal defence solicitor Bridget Irving from Goldman Bailey Solicitors will draw on her extensive experience to explain the key elements of effective representation for victims of domestic abuse who are arrested and/or detained by the police, including:

• Identifying signs that your client may be a victim of domestic abuse
• Using Police guidance to support your representations to the Police on:
• Identifying the primary aggressor in a case of counter-allegations
• Managing vulnerability
• Bail, including bail conditions
• Any failings by the Police to uphold your client’s rights as a victim, including failings to investigate their allegations against their perpetrator, and upholding the Victims’ Right to Review.
• Interviewing your client and advising on the approach to police interview
• Taking detailed instructions from your client about whether they are a primary carer and what care arrangements are in place
• Identifying where emergency family law representation may be needed for a client who is a primary carer, and making effective referrals.
• Additional considerations when representing a woman accused of killing her abuser.

There will be an opportunity for questions and discussion of case studies.

Monday 8 July (5.30pm - 7.00pm)

Session 3: Crown Court proceedings

This session, delivered by expert barrister Paramjit Ahluwalia from One Pump Court, will offer detailed guidance on representing defendants in the Crown Court whose experience of domestic abuse is relevant to their alleged offence, including:

• Explaining to the court the dynamics of domestic abuse and how they relate to your client’s case
• Supporting your client to give her best evidence
• Challenging myths and stereotypes
• Dealing with bad character evidence
• Seeking admission of expert evidence on domestic abuse and/or cultural context
• Applying for special measures to protect a vulnerable witness/defendant
• Addressing the challenges of digital proceedings.
• Additional considerations when representing a woman accused of killing her abuser.

The session will include opportunities for questions and discussion of case studies.

Monday 15 July (5.30pm - 7.00pm)

Session 4: Parole and recall

Experienced, specialist prison lawyer Rachel Chapman from Broudie Jackson Canter and consultant solicitor Dr Laura Janes from GT Stewart Solicitors & Advocates will take delegates through the requirements involved in effectively representing clients in relation to parole and recall decisions, where their convictions arose in the context of their own experience of domestic abuse. Rachel will also cover additional considerations involved when representing a woman convicted of killing her abuser. The session will include several case studies, with the opportunity for questions and discussion.

Our trainers

Harriet Wistrich, Solicitor & Director, Centre for Women’s Justice

Harriet is the founder and director of the Centre for Women’s Justice and a solicitor of 25 years’ experience who worked for many years with renowned civil liberties firm, Birnberg Peirce Ltd. She is the winner of the Liberty Human Rights Lawyer of the Year award 2014, Legal Aid Lawyer of the Year 2018 for public law and Law Society Gazette personality of the year 2019. She has acted in many high profile cases concerning violence against women and on behalf of women appealing murder convictions for killing abusive partners, most recently Sally Challen and Farieissia Martin.

Jacqui Kilburn, National Training Centre Manager, Women’s Aid

Jacqui manages the National Training Centre at Women’s Aid. She has been instrumental in the development of a national accredited qualification for those professionals whose work brings them into contact with domestic and sexual violence. Jacqui also worked with the Home Office and Skills for Justice in their work towards developing the national occupational standards for the domestic and sexual violence sector.

Paramjit Ahluwalia, Barrister, One Pump Court

Paramjit Ahluwalia is an experienced criminal defence barrister specialising in criminal appeals and defence in serious criminal cases, with a high profile practice. She has successfully represented individuals coerced into criminal offending (such as an individual subjected to sex work in R v O [2019] EWCA Crim 1389). She regularly advises in cases involving psychiatric, expert medical evidence and pathology. Recent work on cases on domestic homicide trials include R v Emma Jayne Magson and R v Farieissia Martin

Bridget Irving, Consultant Solicitor, Goldman Bailey Solicitors

Bridget Irving is an experienced Court and Police Station Duty Solicitor and has been a Higher Court Advocate since 2005. She regularly appears in the Crown Court, as well as representing clients in the Magistrates Court, Youth Court and Police Stations. Bridget has a particular interest in, and experience of, representing children, young people and women charged with serious offences, and has represented a number of women accused of killing their violent partners. She was a core member of Justice for Women for many years and is an active campaigner around issues affecting women in the criminal justice system.

Rachel Chapman, Prison Law Consultant, Broudie Jackson Canter

Rachel Chapman is a Prison Law Consultant specialising in representing women prisoners. She covers all aspects of prison law including advocacy at parole hearings. Rachel was a member on the Executive Committee of the Association of Prison Lawyers (APL) for 7 years and the Parole Board lead for 3 years. She works closely with PAS (Prisoners Advice Service) and for some time held a monthly clinic for them at HMP Styal to ensure that the women could still receive prison law advice even without legal aid. Rachel completed a Griffins fellowship into the challenges women lifers face before and after release. She has provided training for Datalaw, APL, PAS and in women’s prisons for prisoners and staff. She has worked as a lecturer in criminal justice at Liverpool John Moore’s University and Liverpool Hope university.

Dr Laura Janes, Consultant Solicitor, GT Stewart Solicitors & Advocates

Laura is a solicitor specialising in prison law, criminal appeals, community care, mental health and public law. She has particular expertise in representing children, young adults and vulnerable people in detention in both penal and mental health settings. Laura is a Consultant Solicitor at Scott-Moncrieff & Associates Ltd and GT Stewart Solicitors & Advocates. Laura teaches at South Bank University in the Law department. She has a professional doctorate in youth justice, a member of the Law Society’s Criminal Law Committee and is vice-chair of the Association of Prison Lawyers.

Session formats and supporting materials

Each 90-minute session will incorporate:

• Presentations from trainer(s), with opportunities for questions and discussion
• Interactive exercises, including discussion of case studies.

The sessions will be supported by written materials. All the written materials will be available to anyone who registers for the training, in a password-protected section of the CWJ website. This means you will be able to access written materials for all training sessions, even if you have not registered for them all. The materials will include briefings providing key information with references and case studies, with an accompanying PowerPoint presentation, and sample letters where relevant. The materials will link to other relevant resources.

The price for attending each online session is £25, with a 10% discount for those who purchase a bundle of all four sessions.