Media Release
Embargo 23 June 2009 12.00 a.m.
The Sentencing Advisory Council today released a report that finalises a review of sentencing practices for the offence of breaching a family violence intervention order.
Sentencing Practices for Breach of Family Violence Intervention Orders Final Report is the result of a reference from the Attorney-General, the Honourable Rob Hulls MP, and is intended to complement reforms currently being implemented under the Family Violence Protection Act 2008.
In this 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.
Council Chair, Professor Arie Freiberg, said, 'The criminal justice system must be perceived by victims, offenders and the community as being credible, by taking breaches of intervention orders seriously. Otherwise attitudes that allow family violence to flourish will continue.'
Given the unique and complicated issues associated with family violence, the Council believes that it is crucial that magistrates have as much information as possible at their disposal to assist them in this very difficult sentencing task.
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.
Sentencing Practices for Breach of Family Violence Intervention Orders Final Report can be downloaded from our website.
