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Sentencing Practices for Breach of Family Violence Intervention Orders Report Launched

Today the Sentencing Advisory Council launched its report on Sentencing Practices for Breach of Family Violence Intervention Orders.

The report is the second part of a reference from the Attorney-General in relation to breaches of family violence intervention orders.

In the course of its review, the Council identified numerous sentencing matters that are particularly relevant to breaches of family violence intervention orders. These include:

• The main purpose of sentencing in these cases should be to achieve the offender’s ongoing compliance with the intervention order with the ultimate purpose of providing better protection for victims in both the short and long term.
• Family violence dynamics can result in some sentences, such as fines, punishing victims as much as, or more than, the offender—the Council was of the view that more flexible sentences that incorporate community work orders can be more effective in punishing offenders.
• Sentences that aim to rehabilitate offenders should be encouraged where they can lead to long-term protection of victims—the Council report makes recommendations for the development of men’s behavioural change programs that are specifically designed for these offenders.

To assist courts, police and legal practitioners in dealing with these offences, the Council has developed a set of guiding principles that identify the sentencing factors that are particularly relevant to breach of family violence intervention orders and suggests ways in which judicial officers may consider these matters. It is intended that these principles will assist courts in placing appropriate weight on the factors most relevant to this offence and promote consistency of approach.

The report is available for download from this website or by contacting the Sentencing Advisory Council.