A landmark ruling will help protect victims of domestic violence from intimidation by their assailants and possible further attacks.

The Attorney General's Chambers want to assist in cutting down the number of assaults on women or men by their spouses or others known to them.

They are alarmed at the number of cases that fail to proceed in court or are withdrawn by the Police on the insistence of victims, who say they no longer want to pursue charges against their husband, boyfriend or relative.

Now only Crown lawyers can decide whether cases are prosecuted and if charges are to be dropped.

Senior Crown counsel Peter Eccles said the policy takes the matter out of the hands of the Police, magistrates and the victims, and sends a message to assailants that intimidation will not result in charges being discontinued.

"What I do not want to see are domestic abuse cases where we are finally laying charges because somebody is severely injured or worse still, dead,'' he said.

"We should be there at the beginning, not at the end.

"We want to ensure that charges are not being withdrawn because the victim has been improperly threatened or intimidated by an alleged offender or anyone else.'' Lawyers are also concerned that Police are closing cases before they even reach the Attorney General's Chambers when victims ask for charges to be dropped.

Mr. Eccles was speaking after a test case was brought before the Supreme Court involving assault and threatening words charges that were dismissed after the complainant stated she did not want to proceed.

He said the appeal case, which involved Friswell's Road resident Calvin Wilson, was dropped incorrectly by Magistrate Archibald Warner. An error in law.

Wilson was acquitted and will not face a retrial. But Mr. Eccles said the decision should have been made by the Director of Public Prosecutions after a review of the case.

He said the situation was occurring with increasing regularity, where Magistrates or even Police agree to drop charges on the complainants' say so.

"It should not be dealt with by a Magistrate who doesn't know why she doesn't want to proceed,'' he said. "If the complainant decides she doesn't want to proceed, then that is her decision. The Crown has the right to proceed unless there is a compelling reason not to.'' The new policy will give victims added protection, letting attackers know that intimidation will not affect the outcome of the case.

In addition, it could save women from further attacks as prosecution could take place if there is evidence -- such as physical marks -- other than a statement from the victim.

And the Senior Crown counsel added that a prosecution was not certain in each incidence. Some cases could result in other courses of action, such as counselling for assailants.

A decision from Chief Justice Austin Ward on the appeal will be made shortly.