Media Release
Embargoed until 10 p.m. AEST Tuesday 24 September 2013
Victoria’s Sentencing Advisory Council today published a report showing significant changes to both the number of family violence orders and the severity of punishments for their contravention.
The report Family Violence Intervention Orders and Safety Notices: Sentencing for Contravention examines sentences for contravention of family violence intervention orders (FVIOs) over two periods: 2004–05 to 2006–07 and 2009–10 to 2011–12. The report also examines sentences for contravention of family violence safety notices, which became available in December 2008.
Since 2004–05 there has been:
- a 72.8% increase in family violence incidents reported to Victoria Police
- an 82.2% increase in the number of intervention orders made by the Magistrates’ Court
- a 295.4% increase in the number of children named as protected persons on intervention orders, with children now representing the single largest category of protected persons
- an increase in FVIOs initiated by Victoria Police from 41% to 67%.
The report also found significant changes to sentences for contravention of intervention orders. In 2009–10 to 2011–12:
- Fines, adjourned undertakings and community orders remained the most common sentences for intervention order contravention, but the distribution of these sentences changed markedly.
- Fines were imposed in 25.8% of cases (a decline of 30.5% from the first period), adjourned undertakings were imposed in 23.4% of cases (an increase of 27.1%) and community orders were imposed in 19.2% of cases (an increase of 9.1%).
- The use of fines declined by 34% in cases where the contravention offence was the only offence sentenced, and by 32% in cases where co-occurring offences were sentenced alongside the contravention offence, showing a shift away from fines even when controlling for wider criminality.
- For offenders who had been previously sentenced for contravening an intervention, the use of fines almost halved and custodial sentences increased. As a result, instead of fines, imprisonment became the most common sentence in cases of repeat contravention (21.7% of cases).
Based on stakeholder consultation, the Council concludes that a change in sentencing practices— rather than a change in contravention behaviour—is responsible for the change in sentencing outcomes. Stakeholders consistently remarked on a cultural shift in the response to family violence by key criminal justice institutions, particularly the courts and police.
Sentencing Advisory Council Chair Professor Arie Freiberg commented: 'It seems clear that a decade of concerted effort by police and the courts to better understand and take action on family violence has affected the sentences imposed for intervention order and safety notice contravention. The ultimate aim of all of these actions is to reduce family violence but this will take some time to determine.'
The report Family Violence Intervention Orders and Safety Notices: Sentencing for Contravention is available on the Council’s website.
