New sentencing guidelines on domestic abuse, while welcome, are ‘playing round the edges of a serious problem’, a prominent family law solicitor has warned.
The Sentencing Council guidelines, published last week and applicable from 24 May, highlight that domestic abuse covers psychological, sexual, financial or emotional abuse as well as violence. They are ground-breaking in that, for the first time, the Council emphasises that abuse can take place via technology, whether through social media or by the abuser fitting a tracking device to the victim’s car.
The Council advises that there is likely to be an increase in sentence severity where domestic abuse is involved.
However, solicitor-advocate and NLJ columnist David Burrows said: ‘These guidelines are part of an ill-coordinated series of reforms that are playing round the edges of a serious problem.
‘The guidelines—welcome as far as they go—stress that abuse is not restricted to physical contact but can take place via a variety of technology. But co-ordinated law reform is essential. It was promised in the Queen’s Speech. That promise was in place of [then Justice Secretary] Truss’s proposal—lost with the June election—to provide help for those cross-examined by their alleged abuser in person.
‘Much remains to be done, including: legal aid which is simpler and fair to both parties; a clear statutory definition of domestic abuse; Truss’s proposal; enforcement and—yes—"appropriate sentences” for those convicted.’
During last week’s Prime Minister’s Questions, PM Theresa May said the Home Secretary will be issuing a consultation before bringing forward the Domestic Violence Bill so that the government ‘can deal with all aspects of this particular issue’.
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