Average Sentence for Domestic Violence

What is Domestic Violence?

The Domestic Abuse Act 2021 defines domestic abuse/violence as abusive behaviour of a person (aged 16 or over) towards another person (also aged 16) with whom they have a personal connection. Whilst domestic violence is perhaps most commonly thought of as physical abuse, the Domestic Abuse Act defines abusive behaviour as including sexual abuse, emotional abuse and economic abuse. Due to the number of different types of behaviour which can be considered as abuse, domestic violence is not covered by one single criminal offence in the UK but instead is prosecuted under a number of different offences. It therefore also follows that there is not one single sentence for domestic violence.

Whilst there may not be one single sentence for domestic abuse, cases of domestic violence are treated very seriously by both the police and the courts and the domestic nature of an offence will, in almost all cases, amount to an aggravating factor which will lead to an uplift in sentencing. It is therefore important that that you seek legal representation as soon as possible if you have been accused of any offence involving domestic violence or domestic abuse

Offences Involving Domestic Violence

Though this list is not exhaustive of the offences in the UK which may be relevant to domestic violence, some of the most common offences are as follows:

Offences against the person:

• Common Assault
• ABH
• Intentional Strangulation

Sexual offences

• Sexual Assault
• Rape

Emotional ‘violence’

• Controlling and coercive behavior
• Stalking/harassment

Other offences

• Breach of Non-Molestation Order
• Breach of Restraining Order

Of course, these offences will attract different sentences, some more serious than others. However, for all of the offences, the domestic nature of the alleged behaviour is likely to be an aggravating factor when the Judge is considering an appropriate sentence to impose.

How does ‘Domestic Abuse’ Impact Sentencing?

When deciding on an appropriate sentence, a court will consider both the harm caused to the complainant by the commission of the offence as well as the culpability of the defendant in doing the act.

An offence having been committed in a domestic setting is highly likely to aggravate the ‘culpability’ element of sentencing and is considered in the Sentencing Guidelines as a specific ‘aggravating factor’. This is generally as a result of the ‘abuse of trust’ that these offences often involve. This refers to the fact that the offending is considered more serious because it represents a violation of trust and security that normally exists between people in an intimate or family relationship. Additionally, it may be considered that there is a continuing threat to the complainant’s safety due to the close proximity of the complainant and the defendant’s lives.

The court will also consider the following aggravating factors in a case involving domestic abuse:

• If a victim is particularly vulnerable.
• If there is proof that steps have been taken to prevent the victim from reporting the incident or obtaining support.
• If the victim has been forced to leave their home address.
• If there has been any impact on children as a result of the offence.

Mitigating factors may include:

• Previous good character of the defendant.
• Evidence of a genuine recognition to change and evidence of attempts to gain help.
• Mental health condition or learning disability.
• Difficult or deprived personal background or circumstances.
• Prospects for work, education or training.

Examples of Sentences in Domestic Violence Offences

Common Assault

Sentence Range: Discharge – 26 weeks custody

ABH

Sentence Range: Band B Fine – 4 years custody

Rape

Sentencing Range: 4 years custody – 19 years custody

Controlling and Coercive Behaviour

Sentence Range: Low Level Community Order – 4 years custody

Breach of Non-Molestation Order

Sentence Range: Band B Fine – 4 years custody

Out of Court Disposals

In some cases involving lower-level offences, such as common assault, especially in situations when it is a first offence, an out of court disposal option can be offered to defendants where suitable admissions have been made. An out of court disposal can include a Community Resolution or a Police Caution. However, in cases of a domestic nature these disposal options are generally not considered to be appropriate by the police or the Crown Prosecution Service (CPS).  The harmful nature of domestic violence cases, even at the lower end of seriousness, will usually call for court proceedings.

Furthermore, all cases that involve a domestic element will need to be passed to the CPS for review before a charging decision can be made.  The police do not tend to charge such cases without CPS input.

Non-Conviction ‘Sentences’

There can also be scenarios where a charge has not been brought against an individual or there has not been a successful conviction against the defendant, but where court orders can still be imposed in an attempt to safeguard an alleged complainant in a domestic case.

For instance, in some cases, an allegation of domestic violence may not meet the required evidential threshold and the CPS may not be in a position to authorise charges for the alleged offence. However, the police may still be able to serve the individual with a Domestic Violence Protection Notice asking the court to put in place a Domestic Violence Protection Order.

A Domestic Violence Protection Notice (DVPN) initially protects the alleged victim for 48 hours by prohibiting the suspect from contacting them. Within 48 hours of the DVPN being served, the Magistrates’ Court must hear the case and consider whether to impose a Domestic Violence Protection Order (DVPO).

A DVPO is a civil order which can prevent an individual from returning to a residence or having contact with the alleged complainant for up to 28 days. As it is a Civil Order, the Magistrates’ Court need only make a finding that the individual has been violent or threatened violence towards the alleged complainant on the balance of probabilities – a lower threshold than is required for a conviction in a Criminal Court. The court must also deem the Order necessary to protect the alleged complainant from further violence or further threats of violence.

Furthermore, in other cases where the ‘beyond reasonable doubt’ threshold has not been met in domestic violence cases, the Crown Prosecution Service can still apply for a non-Conviction Restraining Order to be put in place, following either the acquittal of the defendant trial or the CPS offering no evidence. The court can make a Restraining Order if it considers that it is necessary to protect a person from harassment by the defendant. This order may prohibit the offender from doing anything for the purpose of protecting the alleged victim or any other person mentioned in the order from further harassment or violence.

How Can Old Bailey Solicitors Help?

While there is no standard sentence for domestic violence itself, offences committed in a domestic context will always act as an aggravating factor when a court is considering a sentence and this can lead to a sentence being uplifted. There are additional considerations and other potential outcomes in domestic violence cases, such as DVPOs and non-conviction restraining orders, which can have a significant impact on a defendant’s day-to-day life. The police, CPS and the courts continue to treat domestic violence seriously and so it is important that if you are accused of domestic violence that you obtain legal representation as soon as possible.

At Old Bailey Solicitors, we have a number of dedicated and experienced representatives who can assist with your case from the police station stage to entering a plea, standing trial and, where relevant, sentencing at the Crown Court. If you are accused of any form of domestic violence, get in touch with Old Bailey Solicitors as soon as possible to obtain the best legal representation for your case.

You can contact Old Bailey Solicitors at [email protected] or on 0207 8464 999.