{"id":3304,"date":"2018-02-27T07:21:58","date_gmt":"2018-02-27T07:21:58","guid":{"rendered":"http:\/\/www.ncdvmagazine.co.uk\/?p=3304"},"modified":"2018-02-27T07:21:58","modified_gmt":"2018-02-27T07:21:58","slug":"sentencing-changes-domestic-abuse-offenders-likely-jailed","status":"publish","type":"post","link":"https:\/\/www.ncdvmagazine.co.uk\/sentencing-changes-domestic-abuse-offenders-likely-jailed\/","title":{"rendered":"Sentencing changes: domestic abuse offenders more likely to be jailed"},"content":{"rendered":"

[vc_row css=”.vc_custom_1489792662097{margin-bottom: 0px !important;}”][vc_column css=”.vc_custom_1489792637103{margin-bottom: 0px !important;}”][vc_column_text css=”.vc_custom_1519716103900{margin-bottom: 0px !important;}”]\"\"[\/vc_column_text][vc_column_text]The Sentencing Council of England and Wales has updated its guidelines to courts dealing with domestic abuse cases, which commentators see as increasing the chances of offenders ending up behind bars.<\/strong><\/p>\n

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\u201cThe domestic context of the offending behaviour makes the offending more serious because it represents a violation of the trust and security that normally exists between people in an intimate or family relationship,\u201d the new guideline states. \u201cAdditionally, there may be a continuing threat to the victim\u2019s safety, and in the worst cases a threat to their life or the lives of others around them.\u201d<\/p>\n

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Under the new guidelines, offences involving serious violence, or where the emotional or psychological harm caused is severe, will warrant a custodial sentence in the majority of cases. The guidance states: \u201cProvocation is no mitigation to an offence within a domestic context, except in rare circumstances.\u201d<\/p>\n

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The guidelines also spell out that the sentence should be determined by the seriousness of the offence, not by any expressed wishes of the victim. The document states: \u201cThere is a risk that a plea for mercy made by a victim will be induced by threats made by, or by a fear of, the offender,\u201d and points out: \u201cThe court is sentencing on behalf of the wider public.\u201d<\/p>\n

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Updating previous advice laid down in 2006, the guidelines recognise changes in society since then, such as a reference to abuse perpetrated through emails, texts, social networking sites or tracking devices fitted to a victim\u2019s car.<\/p>\n

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Sentencing Council member Jill Gramann said: \u201cDomestic abuse comes in many forms such as harassment, assault and sex offences. The increasing use of technology in offending has meant that it has also evolved in its scope and impact. The new guideline will ensure that courts have the information they need to deal with the great range of offending and help prevent further abuse occurring.<\/p>\n

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\u201cThe guideline also emphasises that abuse can take place in a wide range of domestic settings and relationships, and that abuse can be psychological, sexual, financial or emotional as well as physical.\u201d The guidelines will apply to all offenders aged 16 and older sentenced on or after 24 May.<\/p>\n

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Welcoming the changes Katie Ghose, CEO of Women\u2019s Aid, said: \u201cThe new guidelines are a major step forward in giving confidence to survivors that they will be listened to, believed and supported by the criminal justice system.\u201d<\/p>\n

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She also said: \u201cWe are also pleased that the Sentencing Council has taken on board our concerns about tackling online abuse by recognising that this form of abuse is as equally harmful as that which is perpetrated offline.\u201d<\/p>\n

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Looking longer term, she urged the Sentencing Council to monitor how the new guidelines are used and ensure they are followed effectively. \u201cOnly by putting a stop to lenient sentencing for domestic abuse offences, can we send out the clear message that domestic abuse is unacceptable and that perpetrators will be held accountable for the abuse,\u201d she said.<\/p>\n

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Among the comments from Sandra Horley, CEO of Refuge, were: \u201cThese new sentencing guidelines are a huge step forward for women escaping domestic violence … I am glad that the courts will be encouraged to recognise that everybody has the right to feel safe in their own home.\u201d<\/p>\n

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Publication of the new guidelines follows a public consultation, which also covered \u201cintimidatory\u201d offences, such as harassment, stalking, disclosing private sexual images, controlling or coercive behaviour, and threats to kill. Definitive guidelines for those offences will be published separately this summer, the council said.[\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n","protected":false},"excerpt":{"rendered":"

[vc_row css=”.vc_custom_1489792662097{margin-bottom: 0px !important;}”][vc_column css=”.vc_custom_1489792637103{margin-bottom: 0px !important;}”][vc_column_text css=”.vc_custom_1519716103900{margin-bottom: 0px !important;}”][\/vc_column_text][vc_column_text]The Sentencing Council of England and Wales has updated its guidelines to courts dealing with domestic abuse cases, which commentators see as increasing the chances of offenders ending up behind bars.   \u201cThe domestic context of the offending behaviour makes the offending more serious because it […]<\/p>\n","protected":false},"author":2,"featured_media":3305,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4,5],"tags":[],"_links":{"self":[{"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/posts\/3304"}],"collection":[{"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/comments?post=3304"}],"version-history":[{"count":0,"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/posts\/3304\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/media\/3305"}],"wp:attachment":[{"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/media?parent=3304"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/categories?post=3304"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/tags?post=3304"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}