12/04/2006

Community sentence plans for violent abusers

People who beat their partners and later show remorse may escape being jailed under guidelines to tackle domestic violence sentences.

The Sentencing Guidelines Council said that offenders who showed "genuine signs of remorse" should be allowed to receive a community order or suspended sentence, instead of a custodial sentence.

The SGC guidelines said: "If the court is satisfied that the offender genuinely intends to reform his/her behaviour and there is a real prospect of rehabilitation being successful, it may be appropriate to impose a sentence that will allow the offender to be rehabilitated.

"Rather than the imposition of a short custodial sentence, an appropriate disposal in such situations might be a suspended sentence order or a community order, in either case with a requirement to attend a domestic violence programme."

The SCG said if there was a chance that both partners were going to stay together than offenders should avoid jail.

However, in situations were the violence was witnessed by children, a more severe sentence should be imposed, the guidelines stressed.

The SGC also said that any assertion that the victims had "provoked" the attack should also be "treated with great care" and any pleas for mercy by the victim on behalf of the offender should be ensured that they are genuine and were not expressed under duress.

Offenders would also have to attend domestic violence courses to help them control their violent behaviour.

The guidelines have provoked anger from domestic violence charities. Sandra Horley, Chief Executive of Refuge, told the 'Daily Mail': "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.

"We know that rigorous arrest, charging and sentences in custody for these crimes acts as an effective deterrent."

Cindy Butts, deputy chair of the Metropolitan Police Authority, described the guidelines as a "retrograde step". She said: "Rehabilitation classes or community orders should not be viewed as an alternative to custodial sentences - complementary perhaps, but the fact is that the individual responsible for the violence is committing a criminal act, leaving victims traumatised and vulnerable in their own homes, and we need to send out a strong message that it is simple unacceptable.

"The Authority and our partners in the Domestic Violence Board, from voluntary groups to statutory organisations know the brutal reality of domestic violence. The MPA believes that this suggestion should not be taken further."

A Home Office spokesperson said: "The government believes prison is for dangerous, violent or sexual offenders, which is why we have legislated to ensure that such offenders, which includes perpetrators of the most serious cases of domestic violence, will spend longer in prison and in some cases be detained indefinitely.

"New special domestic violence courts give both victims and witnesses a stronger platform to get their voices heard and ensure perpetrators are brought to justice."

According to the British Crime Survey, 26% of women and 17% of men aged 16 to 69 have experienced domestic violence.

(KMcA)

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