The Sentencing Advisory Panel has today issued another in its series of consultation papers about sentencing in criminal cases.

This paper looks at some of the complex issues that face sentencers when dealing with offences that have been committed in a domestic context. It is published at a time when effort is being made by all local and national agencies such as the police, CPS and courts to take the issue of domestic violence seriously and ensure that perpetrators are brought to justice.

There are two central issues for sentencers when dealing with domestic violence cases: The first is whether the domestic context makes an offence of violence more serious. The second is whether a different approach is justified in these cases. The paper also looks at how best to deal with breach of protective orders.

These issues are presented in the paper through a set of questions on which the Panel is very keen to receive views.

Responses to the consultation paper should be received by Tuesday 12th October 2004.

Notes for editors

1. The Sentencing Advisory Panel is an independent advisory and consultative body originally constituted under sections 80 and 81 of the Crime and Disorder Act 1998. The Panel is sponsored by the Home Office and the Department for Constitutional Affairs. It started work on 1 July 1999. Its function, prior to implementation of the relevant provisions in the Criminal Justice Act 2003, was to provide fully researched, objective advice to the Court of Appeal to assist the Court when it frames or revises sentencing guidelines.
2. The Criminal Justice Act 2003 established a new Sentencing Guidelines Council to take over responsibility for issuing sentencing guidelines. With effect from 27 February 2004 the Sentencing Advisory Panel has submitted its advice to the Council rather than to the Court of Appeal. The Panel will be able to offer advice on general sentencing principles as well as specific offences.
3. The Home Secretary has directed the Sentencing Advisory Panel under section 81(3) of the Crime and Disorder Act 1998 to propose to the Sentencing Guidelines Council that it frame sentencing guidelines to address the issue of sentencing in domestic violence cases.
4. The Panel’s first piece of advice, to the Sentencing Guidelines Council proposing that it should frame sentencing guidelines on robbery, was published on 5 May. Prior to this a number of proposals have been made to the Court of Appeal. Advice on framing a sentencing guideline on alcohol and tobacco smuggling, was published on 10th July 2003. The Court of Appeal issued a sentencing guideline, based on the Panel’s advice, in the case of Czyzewski and others on 16th July 2003. In the last two years, the Court of Appeal has also made use of the Panel’s advice in guideline judgments on causing death by dangerous driving (in Cooksley and others on 3 April 2003); offences involving child pornography (in Oliver and others, 21 November 2002); on rape (in Millberry and others, 9 December 2002); and on domestic burglary (in McInerney and Keating, 20 December 2002).
5. Copies of the consultation paper may be obtained from: Gareth Sweny, Sentencing Guidelines Secretariat, Room G11, Allington Towers, 19 Allington Street, London SW1E 5EB.
6. For more information, contact Lesley Dix, Secretary to the Panel on 020 7035 5185.