The Sentencing Act has officially received Royal Assent, meaning the changes debated by MPs and Peers over the past few months are now written into law.
The aim of the legislation is to alleviate pressure on the prison estate, with the Government saying it inherited a system on the brink of collapse amid an overcrowding crisis. This is a long-standing issue, and one on which we have previously shared our thoughts, particularly regarding the implications for survivors of domestic abuse.
We welcome some measures in the Sentencing Act, such as the introduction of a judicial finding for domestic abuse. This will require judges and magistrates to explicitly state at sentencing when domestic abuse was a factor in the offence – a vital step forward that will help improve the criminal justice system’s data on domestic abuse, if implemented swiftly and consistently.
However, there are still shortfalls. When the Bill was first introduced to Parliament, concerns were raised about a proposal to photograph and publish the names of people on probation undertaking unpaid work. This is because the proposal could have enabled perpetrators to identify and locate women fleeing domestic abuse or other forms of violence. The work of our sector colleagues led to this clause being scrapped – a welcome move by the Government.
But as the legislation passed through Parliament, Refuge raised further concerns with MPs and Peers about the impact certain measures could have on survivors of domestic abuse.
The presumption to suspend short sentences
The Act introduces a presumption that short custodial sentences of 12 months or less will be suspended. The Ministry of Justice previously estimated that 10% of cases resulting in a sentence of 12 months or less are related to domestic abuse and violence, which Refuge refers to as domestic abuse. In a further 10% of cases, the offender has been flagged by probation for domestic violence (domestic abuse). The domestic abuse-related offences that result in short sentences include common assault, stalking, and coercive and controlling behaviour.
Judges will still be able to impose short custodial sentences on offenders who breach a court order. This includes breaches of violence against women and girls (VAWG) –related orders, restraining orders, and stalking protection orders, as well as breaches of a previous community order or suspended sentence. They will also be able to hand down short custodial sentences if a suspended sentence would ‘put a particular individual at significant risk of physical or psychological harm.’
These exceptions are welcome, as custodial sentences provide a vital window for survivors to access specialist support, safety plan, and prepare for when their perpetrator is released. However, we are concerned about the inconsistent application and monitoring of this measure.
Refuge continues to call for enhanced, trauma-informed training for the judiciary on domestic abuse and related forms of VAWG to ensure exemptions to the presumption are implemented consistently. It is crucial that domestic abuse offenders continue to receive custodial sentences to send a clear message to perpetrators that VAWG will not be tolerated.
Recall measures
New recall measures introduced in the Sentencing Act mean that the majority of offenders recalled to prison for breaching their probation conditions – which may include contacting a victim – will be automatically re-released after 56 days, without a risk assessment or Parole Board oversight.
An assessment by the Domestic Abuse Commissioner highlighted that this measure will put domestic abuse survivors at risk of further harm from perpetrators who are fixated on their victims.
Disappointingly, and despite strong campaigning, the Government has not amended this measure, although it has agreed to work with the Domestic Abuse Commissioner as the recall measures are implemented.
Tackling violence against women and girls
While we recognise the need to ease pressure on the prison system, the Government must ensure that this objective is not prioritised over the safety of women and girls. Last month, the Government published its ‘Freedom from Violence and Abuse’ Strategy, setting out how it plans to meet its target of halving VAWG by 2034.
To ensure that the Sentencing Act complements the VAWG Strategy and does not come at the expense of the safety of women and girls, there must be a stronger and more consistent understanding of domestic abuse within the criminal justice system.
Now that it is officially law, we will be looking to Government to clarify details of the Act, and we will continue to call for enhanced judicial training on domestic abuse and VAWG in all its forms. If the criminal justice system does not keep women and girls safe, the Government’s target of halving VAWG will be meaningless.
