{"id":166,"date":"2005-02-24T20:08:40","date_gmt":"2005-02-24T20:08:40","guid":{"rendered":""},"modified":"2005-02-24T20:08:40","modified_gmt":"2005-02-24T20:08:40","slug":"the-domestic-violence-crime-and-victims-act-2004-dvcv-makes-two-changes-in-respect-of-the-new-section-5-dvcv-offence-and-murdermanslaughter-offences","status":"publish","type":"post","link":"https:\/\/www.sixthform.info\/lawblog\/?p=166","title":{"rendered":"The Domestic Violence, Crime and Victims Act 2004 (DVCV) makes two changes in respect of the new section 5 DVCV offence, and murder\/manslaughter offences."},"content":{"rendered":"<p>In cases where it is difficult or impossible to prove which of two people caused a death (usually parents of a child) the defence make a &#8220;half-time&#8221; submission that there is no case to answer&#8221;, if the prosecution has not proved the case the trial ends at that point. <br \/>The changes relate to: <br \/>a) the drawing of adverse inferences from silence in court, and <br \/>b) the postponement, until the end of the defence case, of the decision on the question of whether there is a case to answer. <br \/>Both have effect in relation <strong><font color=#ff0000>only<\/font><\/strong> to the charge of <strong>murder or manslaughter<\/strong>, when those charges are <font color=#ff0000><strong>accompanied by charges under the new offence<\/strong><\/font>. <\/p>\n<p>These procedural changes were proposed by the Law Commission in their report, <em>Children: Their Non-accidental Death or Serious Injury<\/em>, although the Act adopts a tighter mechanism for triggering them to keep them closely targeted at the &#8220;which of you did it?&#8221; cases. <\/p>\n<p>The prohibition on a conviction being based wholly or mainly on the inference from silence is not relevant. <\/p>\n","protected":false},"excerpt":{"rendered":"<p>In cases where it is difficult or impossible to prove which of two people caused a death (usually parents of a child) the defence make a &#8220;half-time&#8221; submission that there is no case to answer&#8221;, if the prosecution has not proved the case the trial ends at that point. The changes relate to: a) the [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-166","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/166","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=166"}],"version-history":[{"count":0,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/166\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=166"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=166"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=166"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}