Sentencing Guidelines Council sends strong message that domestic violence is a serious offence
07 Dec 2006
The Sentencing Guidelines Council has underlined in its advice the seriousness of offences committed by current or former partners and stressed that in many cases offences will be more serious because additional aggravating factors will be present.
Aggravating factors include:
· Abuse of trust or power
· Impact on children
· Exploiting contact arrangements to instigate an offence
· History of violence or threats
· Forcing the victim to leave home
Sentencers should also consider the vulnerability of the victim - and the circumstances - such as cultural, religious, language or financial - that might make it almost impossible for a victim to leave a violent relationship. A victim should be regarded as particularly vulnerable if pregnant at the time of the offence, the guideline says.
In addition, the guideline endorses the need for sentencers to treat with great care assertions by an offender that an offence had been provoked by the conduct of the victim. Judges and magistrates should consider the risk that that a plea of mercy from the victim may be the result of threats or fear of the offender.
The guideline which was drawn up after a major consultation is designed to help promote consistency in sentencing for offences that involve incidents of threatening behaviour, violence or abuse between adults who are or have been intimate partners or family members.
It was prompted by expressions of concern that violence committed in a domestic context was not being treated as seriously as other violent crime.
"Domestic violence is a serious offence and should be treated as such by the sentencers," said President of the Queen's Bench Division and Deputy Chairman of the Council, Sir Igor Judge.
"The Council has endorsed the principle that offences of serious violence committed in a domestic context should attract a custodial sentence."
A second guideline has also been published dealing specifically with the sentencing of offenders who have breached either a restraining order or a non-molestation order. The guideline says custodial sentences should normally be imposed for breaches of protective orders involving violence.
Breaches which involve significant physical violence and physical or psychological harm to the victim should attract substantial custodial sentences.
The Council carefully considered responses to its consultation guideline published earlier this year. A number of respondents expressed concern about the ability of courts to assess remorse, pointing out that remorse is impossible to measure, particularly in light of the recognised domestic violence cycle of violence followed by remorse.
Director of Public Prosecutions Ken Macdonald said:
"The development of this guideline demonstrates that we have a robust and responsive process for producing sentencing guidelines in complex and sensitive areas.
"The Council has listened carefully to the views expressed and made changes to the original recommendations
"Today's publication ensures that sentencers have a clear understanding of the issues which need to be considered - including the history of relationships, the vulnerability of victims and patterns of abuse."