DPP Can Proceed With Domestic Violence Prosecutions Despite Victim Withdrawal: Key Policy Explained

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By Alric Lindsay

In an appearance before the Summary Court today, March 17, 2026, Magistrate McFarlane reminded a party charged with common assault of an important prosecution policy: the Director of Public Prosecutions (DPP) retains the authority to continue a case involving violence against a woman — or any domestic violence matter — even if the complainant later writes to the Office of the Director of Public Prosecutions (ODPP) stating she no longer wishes to proceed.

This policy, designed to protect victims and safeguard the wider community, often surprises those unfamiliar with how serious domestic abuse cases are handled in the Cayman Islands. It stems directly from the multi-agency Protocol for the Specialist Domestic Violence Court, implemented on October 1, 2018 and endorsed by the ODPP, the Judicial Administration, the Royal Cayman Islands Police Service (RCIPS), and the Department of Community Rehabilitation.

The protocol is clear. After a victim provides a formal retraction statement — which must detail whether the original complaint was true, any pressure or intimidation she faced, and the reasons for withdrawing — the investigating officer prepares a report for the ODPP. Police also conduct a fresh risk assessment and safety planning. The ODPP then reviews the full file.

A key paragraph in the protocol states:

After considering all the circumstances of the case, including any further information provided by other agencies, determine whether, notwithstanding the victim’s withdrawal, it is in the public interest to proceed with the prosecution.”

In practice, this means the DPP may:

– Continue the case using other evidence (such as 911 calls, medical records, witness statements, body-worn camera footage, or text messages) even if the victim does not attend court or give evidence.

– Apply for a witness summons or warrant if necessary.

– Seek an adjournment at court to verify the victim’s true wishes and rule out coercion.

– Keep protective bail conditions in place while enquiries are made.

The overriding consideration is always public interest, with “the risk of future harm” treated as a prime factor. The policy recognises that many victims of domestic violence feel pressured to withdraw — whether through fear, financial dependence, threats, or concern for children — and that dropping every such case would leave vulnerable people unprotected and send the wrong message to perpetrators.

The Specialist Domestic Violence Court itself was created to fast-track these sensitive cases, reduce delays, provide special measures (screens, video links, separate waiting areas), and ensure specially trained prosecutors and magistrates handle every stage. Cases are flagged with “DV” stickers, logged centrally, and monitored for consistent decision-making.

Magistrates routinely explain this policy in court precisely to educate victims, defendants, and the wider public. As Magistrate McFarlane hinted in today’s proceedings, the state does not “own” the complaint once charges are laid — the DPP acts in the public interest, not merely on behalf of any individual complainant.

Why this matters to every resident

Domestic violence is not a “private matter.” Statistics and repeated court listings show it affects people across all walks of life in the Cayman Islands. The zero-tolerance approach and the ability to prosecute without the victim’s ongoing support have been shown in many jurisdictions to increase conviction rates, deter offenders, and ultimately save lives.

If you or someone you know is experiencing domestic violence, help is available immediately. Contact the RCIPS Family Support Unit, the Domestic Violence Hotline, or the Department of Community Rehabilitation. Victims are never forced to give evidence against their will, but the system is there to protect them even when they feel unable to proceed themselves.

The Protocol for the Specialist Domestic Violence Court remains the governing framework for these cases. Full details are published on the Government of the Cayman Islands website (https://gov.ky/w/protocol-for-special-domestic-violence-court-odpp). Anyone with questions about how the policy applies in a specific matter should speak to their lawyer or contact the ODPP directly.

This policy is not about overriding a victim’s wishes for the sake of it — it is about recognising the reality of domestic abuse and ensuring justice is not derailed by fear or pressure. In the Cayman Islands, violence against women (and all domestic violence) is taken with the utmost seriousness, and the DPP’s discretion to proceed is a vital safeguard for the whole community.