It will assist to explain which of the two serious effects the behaviour had on the victim or if both are pleaded. Namely, fear on at least two occasions, that violence would be used or serious alarm or distress which had a substantial adverse effect of the victim’s usual day to day activities. What is important is that the defendant knows how the case is to be put, and what case they have to meet, whether it is on either or both. The behaviour alleged is likely to be apparent from the evidence but it may also assist to set this out as clearly and specifically as possible, in the first instance in the charge, or the count on the indictment (or explanatory text accompanying these), or otherwise in a case summary or prosecution note. CCB can be overlooked as victims might be seen as colluding or consenting to the behaviour.
- Prosecutors are reminded to consider the section below titled ‘Acceptability of Pleas’ when defendants offer pleas to some but not all offences charged.
- Paragraph 4.14 of the Code for Crown Prosecutors sets out the factors a prosecutor must address in their review when considering whether it is in the public interest to proceed with a prosecution.
- It is not necessary for the prosecutor to prove that consequences follow, not least because the fear of consequences is just as powerful.
- Members of the CCB should have sufficient knowledge of a project’s requirements and expected outcome (end-product) to recommend the approval or rejection of change requests.
- This offer, subject to the views of the victim, should usually be rejected where the other offending carries a sentence greater or equal to CCB.
In order to ensure adequate powers of sentence where there is a higher maximum sentence for stalking or harassment, (i.e. section 4 and 4A PHA 1997) it is likely to tend in favour of charging those offences rather than CCB. Presenting a case which amounts to stalking, and the availability of a stalking protection order, may make stalking the more appropriate charge when choosing between stalking or harassment. As a general rule, an earlier decision not to prosecute an individual charge, for instance of assault, is no bar to charging CCB and including that incident as part of the evidence of CCB. It requires proof of repeated and continued behaviour, which by definition is wider than the single incident.
Related prosecution guidance
In many cases the conduct might seem innocent – especially if considered in isolation of other incidents – and the victim may not be aware of, or be ready to acknowledge, abusive behaviour. The consideration of the cumulative impact of CCB and the pattern of behaviour within the context of the relationship is crucial. This approach will support the prosecutor to assess effectively whether a pattern of behaviour amounts to fear that violence will be carried out; or serious alarm or distress leading to a substantial adverse effect on usual day-to-day activities. Prosecutors must always consider, from the outset, the possibility of proceeding without the victim’s support. For further information regarding evidence led prosecutions, prosecutors should refer to the CPS Domestic Abuse prosecution guidance .
There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Prosecutors should be aware of and consider the full range of ancillary orders available (and their limitations) prior to making any application. In particular, prosecutors should ensure they have asked the police to update information to enable accurate applications for restraining orders in appropriate cases. For further information regarding ancillary orders prosecutors should refer to the CPS Domestic Abuse prosecution guidance and Sentencing Ancillary Orders legal guidance. The charge or indictment should plead each of the four elements of the offence set out in section 76. It may assist to specify in the charge how the victim and defendant are “personally connected” although this is likely to be apparent from the evidence.
CPS North East – Domestic Abuse Prosecutions – May 2023
The police should advise the victim how to keep themselves safe and to keep information in relation to incidents. A list of support organisations can be found at Annex E of the CPS Domestic Abuse prosecution guidance . The offence of controlling or coercive behaviour, and other prosecutions related to domestic abuse, should be addressed within the overall framework of VAWG and human rights. The patterns and dynamics involved in these cases need to be understood in order to provide an appropriate and effective response. Though most victims of VAWG offences are women, the CPS recognises that some offenders will be women, non-binary or identify in a different way and some victims will be men, non-binary or identify in a different way.
The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. It is necessary to consider the cumulative effect of offending even if at an earlier stage a determination had been made that there was insufficient evidence to prosecute. Paragraph 4.14 of the Code for Crown Prosecutors sets out the factors a prosecutor must address what is ccb in project management in their review when considering whether it is in the public interest to proceed with a prosecution. All references in this guidance are gender neutral and are applied to all suspects and victims of crime irrespective of gender, or sexual orientation, in accordance with the Code for Crown Prosecutors. A typical residential re-roofing project doesn’t require city permits, but for some home improvement or remodeling projects, permits with the city need to be filed.
What does CCB stand for?
For the purposes of this offence, the behaviour or the activities must be carried out “repeatedly” or “continuously”. We’re doing our best to make sure our content is useful, accurate and safe.If by any chance you spot an inappropriate comment while navigating through our website please use this form to let us know, and we’ll take care of it shortly. A licensed contractor who is bonded and insured is protecting themselves and the consumer.
Gathering evidence to build a robust prosecution case should focus on the wider pattern of behaviour and on the cumulative impact on a victim. The investigation may reveal evidence of substantive offences, such as physical or sexual assault, but even if the police investigation is not focused on CCB, prosecutors should be alive to whether a wider pattern of abuse should be investigated and prosecuted as CCB. A victim may not know the full extent of a suspect’s conduct, for instance if they were being monitored without their knowledge. Prosecutors should also consider whether other VAWG flags on the CPS Case Management System (CMS) such as forced marriage, so-called “honour” based violence, disability hate crime, crimes against older people or rape are appropriate.
Acronyms & Abbreviations
This defence is not available in relation to section 76 (4) (a) SCA 2015 (behaviour that causes the victim to fear on at least two occasions that violence will be used against them). When considering whether to accept a plea in these instances, prosecutors should ensure that the interests and, where possible, the views of the victim are taken into account when deciding whether it is in the public interest to accept the plea. It is for the prosecutor to consider all the circumstances and facts of the case to arrive at a decision on the appropriate charge, applying the principles set out in the Code for Crown Prosecutors ,in particular paragraph 6 ‘selection of charges’. For further information about offender tactics in VAWG cases, prosecutors should refer to Table 1 of the following toolkit highlighting the tactics and behaviours that an offender might use or display.
If a contractor does not have a CCB, they cannot file for such permits, putting you and your home at risk. If permits were required, they can still be obtained at a later date, however this just means a higher cost and possible fines for you, the homeowner. Regardless of the type of project you are hiring a contractor for, you always want to choose a contractor that is licensed by the State. There are many benefits to a licensed contractor that not only protect them, their employees and their business, but you, your property and your checkbook as well.
Child Abuse (non-sexual)
It may help to raise their confidence in the criminal justice system and facilitate their participation in the investigation and prosecution process. The review body with authority for approving changes that are consistent with the project’s baseline performance requirements, budgeted cost, and schedule. CCB membership should include the project management, contracts representative, CFOrepresentative, and Subject Matter Experts (SMEs) that support the project on technical matters. The CCB plays a critical role in managing change to the project’s baseline and ensuring prospective changes are clearly defined, appropriate, and within the cost, schedule and performance parameters approved by the AE as specified in the PEP.
The insurance helps protect against any property damage or injury that could happen on a job site, and the bond helps protect you, the consumer, in the event that the contractor does not complete the job, you are guaranteed to receive a sum of money for what you’ve paid out. CCB can also assist in explaining the background to a specific serious incident or incidents. As a general rule, prosecutors should seek to put before the court all relevant evidence of CCB. The suspect is to be taken to have shown this if they raise sufficient evidence of the facts adduced to raise an issue with respect to them; and the contrary is not proved beyond reasonable doubt. Comments about specific definitions should be sent to the authors of the linked Source publication.
CPS data summary Quarter 3 2021-2022
In some cases, the defendant may offer a guilty plea to a different charge or plead guilty to some of the charges made against them, but not all. Prosecutors should refer to the Attorney General’s Guidelines on the Acceptance of Pleas and the Prosecutor’s Role in the Sentencing Exercise and paragraph 9 of the Code when determining acceptability of pleas. Prosecutors should assess the impact on the victim by recognising the cumulative impact of a pattern of abuse.
Prosecutors should scrutinise offers to plead to CCB on a “full facts” basis, where the defendant accepts the commission of other offences as part of the case relating to CCB but would be convicted and sentenced only of CCB. This offer, subject to the views of the victim, should usually be rejected where the other offending carries a sentence greater or equal to CCB. Such charges should usually be recorded on a defendant’s record and, whether the court passes a concurrent or consecutive sentence, reflected in the totality of the sentence passed.
CPS data summary Quarter 1 2023-2024
This is not an exhaustive list and prosecutors should be aware that a suspect will often tailor the conduct to the victim, and this conduct can vary to a high degree from one person to the next. Prosecutors should consider the conduct of the suspect in each individual case to assess whether it discloses controlling or coercive behaviour. Prosecutors should note that the below paragraphs are duplicated in the Stalking or Harassment prosecution guidance and should be applied when considering CCB, stalking or harassment charges. For further information on stalking or harassment please refer to the Stalking or Harassment prosecution guidance.