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The Sentencing Guidelines Council, the watchdog chaired by the Lord Chief Justice, Lord Phillips of Worth Matravers, has changed its plans after ministers intervened.
Instead it has outlined guidance for new tough sentences on domestic violence, saying that they should be regarded as no less serious than other violent offences.
The range of possible offences includes criminal damage, assault, grievous bodily harm or use of threatening words and behaviour, so penalities can range from a non-custodial offence up to life.
The new guidelines call on judges to consider the victim’s vulnerability when sentencing an offender, including cultural, religious, language or financial factors.
A pregnant victim should be regarded as “particularly vulnerable”. Claims by abusers that they were “provoked” should be “treated with great care”.
The council originally proposed that remorseful domestic violence offenders could be punished with a community order or a suspended sentence.
The Director of Public Prosecutions, Ken Macdonald, QC, who is a council member, backed the new guidelines.
He said: “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.”
Each week an average of two women are killed by partners or former partners.
Sandra Horley, chief executive of Refuge, said: “The idea that sending domestic violence perpetrators on courses as an alternative to a custodial sentence is ludicrous and would put more lives at risk.”
Sir Igor Judge, deputy chairman of the council and president of the Queen’s Bench Division, said: “Domestic violence is a serious offence and should be treated as such by the sentencers.”
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