Devil in the details: It’s time to reform the Domestic Abuse Act
Although the legislation was only established in 2021, the harrowing case of Holly Newton highlights the need to recognise children as victims of domestic abuse.
In April 2021 the Domestic Abuse Act finally became law after it was proposed four years prior in the Queens speech. The event was hailed by many, although the tragic case of 15-year-old Holly Newton shows it can’t protect everyone – specifically those under 16.
Image: Holly’s ex-boyfriend Logan MacPhail. Credit: Northumbria Police/PA
Earlier this week Holly’s ex-boyfriend Logan MacPhail was named as her killer. He was just 16 years old when he attacked her in January 2023. At MacPhail’s trial, which took place in August, he was convicted of murder and wounding with intent and his sentencing is due to take place on 31st October and 1st November 2024.
Ahead of this, Holly’s family are campaigning for her murder to be classified as domestic violence but current restrictions in the Domestic Abuse Act prove this might not be possible.
Before Holly died, it was heard that she was in an 18 month on-off relationship with MacPhail, and the frenzied attack came as he was ‘jealous’ that Holly was with another boy and ‘deeply unhappy’ that their relationship ended. MacPhail stabbed Holly 36 times in an alleyway in Hexham, Northumberland.
Speaking about the case, Beth Mantel, crime partner at Reeds Solicitors LLP, said: ‘Unfortunately for Holly Newton’s family, she falls outside of the criteria for her murder changed to be classified as domestic abuse.’
‘Currently, the Domestic Abuse Act provides that anyone under the age of 18 who sees, hears or experiences the effects of domestic abuse and is related to the victim or the suspect is also to be classed as a victim,’ Beth continued. ‘However, the law does not currently deem somebody under the age of 16 to be classed as the victim if they are in a relationship of which they are ‘personally connected’ and are subject to abuse of any kind. Which means that Holly, as she was in a relationship with Logan, will not be seen as the subject of abuse.’
Beth added: ‘Despite the high statistics from charities such as the NSPCC suggesting nearly a quarter of girls experience physical abuse, and three quarters experience emotional abuse, the abuse that children experience in their intimate relationships is not addressed properly in the law today.’
To give some context on the estimated number of girls suffering domestic abuse from their partner, data from NCDV shows one in five teenager girls have experienced domestic abuse in their dating relationship. Additionally, the latest findings from the Crime Survey for England and Wales estimated that 2.1 million people aged 16 years and over experienced domestic abuse in the year ending March 2023. What’s more, there was no change in the prevalence of domestic abuse experienced in the last year compared with the year before.
However, an uncommon decision from the judge leading on Holly’s case – Sir Nicholas Hilliard KC, does deserve some credit. Mr Justice Hilliard lifted the reporting restriction on MacPhail’s identity whilst he is still 17, to help raise awareness around violence towards women and girls.
‘The defendant has been convicted of grave crimes which are of local and national concern. The defendant went to the victim’s home address against her wishes and later followed her after she had left her school at the end of the day,’ the judge said.
‘However, at present the public are not aware of a key factor in the case, which is the nature of the relationship between the defendant and his victim. They had been in a relationship, but she did not wish it to continue.
‘There is great public concern about murders by young people who have carried knives in public places and about violence to women and girls.
‘Legitimate debate is assisted by knowing who has committed such offences and their circumstances and the full detail of the offences in question.’
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