| answer text |
<p>Domestic violence is an appalling crime and we are committed to ensuring that it
is tackled effectively and that victims can have confidence in the criminal justice
system. The DPP recently announced that the highest ever conviction rate for domestic
violence prosecutions, over 74%, and every police force is expected to have an action
plan in place by September to improve further their response to domestic violence
and abuse.</p><p> </p><p>Sentencing is entirely a matter for the courts taking into
account all the circumstances of each case and following any relevant sentencing guidelines
issued by the independent Sentencing Council. The Sentencing Council has a duty to
monitor the operation and effect of its guidelines including giving consideration
to the frequency with which courts depart from the guidelines, the effect of the guidelines
in promoting consistency of sentencing, and the effect of the guidelines in promoting
public confidence in the criminal justice system.</p><p> </p><p>Offending behaviour
amounting to domestic violence is covered by a wide range of offences: there is no
specific offence of domestic abuse. Sentencing in individual cases is a matter for
the courts, but those who perpetrate serious acts of violence and abuse are likely
to face long custodial sentences. Where a court does not impose an immediate custodial
sentence, the main court orders which may be imposed in such cases are community orders,
suspended sentence orders, restraining orders and non-molestation orders. The overarching
sentencing guideline on domestic violence identifies the principles relevant to the
sentencing of cases involving violence or abuse that has occurred in a domestic context.</p><p>
</p><p>In relation to breaches of community orders and suspended orders, the responsible
officer makes an initial decision as to whether the offender has unreasonably failed
to comply with the requirements of the order. If so, the legislation requires that
the offender must either receive a warning or be returned to court for a breach hearing.
Only one warning may be given in a 12 month period. If the court finds the offender
in breach of a community order it must take action by: revoking the order and re-sentencing
for the original offence, including possibly to custody; making the requirements of
the order more onerous; or imposing a fine not exceeding £2,500. If the court finds
an offender in breach of a suspended sentence order it must give effect to the custodial
sentence unless it is satisfied that it would not be in the interests of justice to
do so. If the custodial sentence is not given effect then the court must make the
order more onerous or impose a fine not exceeding £2,500.</p><p> </p><p>A restraining
order may be imposed on conviction or acquittal. Restraining</p><p>orders imposed
on acquittal can be an added protection for victims in situations where the abuse
may be beyond the balance of probabilities, but not beyond reasonable doubt – the
standard of proof required for criminal convictions. A non-molestation order may be
imposed during family proceedings. Failure to comply with these orders is a criminal
offence with a maximum penalty of five years' imprisonment.</p><p> </p><p>Sentencing
guidelines also cover breaches of community orders and suspended sentence orders,
and the breach of a protective order (restraining orders and non-molestation orders).
The guideline on breach of protective orders emphasises that in all cases the order
will have been made to protect an individual from harm, and action in response to
breach should have as its primary aim the importance of ensuring that the order is
complied with and that it achieves the protection that it was intended to achieve.
Where violence is used to breach a protective order, custody is the starting point
for the sentence. The guideline also states that non-violent conduct in breach may
cross the custody threshold where a high degree of harm or anxiety has been caused
to the victim.</p><p> </p>
|
|
