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Step forward for domestic violence laws

heather

Welcome news has been reported for victims of domestic violence, solicitor Heather Lyon explains the changes.

The Lord Chancellor has announced an overhaul of the law to protect vulnerable women. A number of measures have been expanded upon.

Some of those changes include: those who commit ‘domestic’ murder will now face longer behind bars.

There is also consultation on longer sentences for coercive and controlling behaviour, hopefully to be expanded to “include use of weapon”. This is a massive step forward in recognising the severity of the situation and helping protect those affected by domestic violence.

Controlling and coercive behaviour is defined as: “acts designed to make a person feel inferior and/or dependent by keeping them apart from friends, help and support.” This can also include taking advantage of their money or possessions.

As welcome as the overhaul is, there is still much work to do in the domestic abuse space. Some might argue that more sever prison sentences for those who commit domestic murder is too little too late, while others say more needs to be done to educate people around all forms of domestic abuse and healthy relationships from an earlier age, for a more pragmatic approach.

The list of measures in the full government response to a recent review into domestic homicide sentencing includes:

  • Bringing greater recognition to the specific circumstances of domestic murders by creating statutory aggravating factors for murder for:
    • Killing at the end of a relationship
    • Overkill and use of excessive violence
    • A history of coercive or controlling behaviour
  • Creating a statutory mitigating factor for murder where the perpetrator has been subjected to coercive or controlling behaviour
  • Continuing to improve the collection and recording of data on domestic homicides in England and Wales to identify patterns, trends, and risk factors via the Domestic Homicide Review Library
  • Working with partners to implement and improve mandatory training for Crown Prosecution Service staff on understanding coercive control.
  • Consulting on a 25-year starting point for coercive or controlling behaviour and sentencing for murders which take place with a weapon found at the scene
  • Writing to the Sentencing Council to propose that they review their guidelines for manslaughter sentencing in light of Clare Wade’s recommendations and the government’s response.
  • Asking the Law Commission to review the use of defences in domestic homicide cases

 

At Morecrofts we have a team of specialists who can help and support you with obtaining protection from your partner if you are in an abusive relationship.

Please contact us on 0151 236 8871 if you would like to know more, or you can read more about our domestic abuse services here.

 

Read the government’s statement in full here https://www.gov.uk/government/news/overhaul-of-laws-to-protect-women-from-domestic-killers