header-logo header-logo

01 March 2018
Issue: 7783 / Categories: Legal News
printer mail-detail

Co-ordinated reform needed to tackle domestic abuse

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’.

Issue: 7783 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
back-to-top-scroll