Miscellaneous amendments to sentencing guidelines 2024

The issue

Several guidelines have an aggravating factor:

• Offence committed in a domestic context

There is an expanded explanation for this factor which states:

Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence

 

Refer to the Overarching Principles: Domestic Abuse Definitive Guideline

The Council has received feedback that it would be helpful if the link to the overarching guideline was more prominent within offence specific guidelines.

The Council considered this and decided to:

1. To change the name of the guideline to: ‘Domestic abuse: overarching principles’, to make it more obvious in a list of guidelines, and
2. To reword the aggravating factor to: ‘Offence committed in a domestic abuse context’, to align the factor more closely with the overarching guideline

The above changes have already been made and are not subject to consultation (see the Annex for a list of guidelines where the factor has been changed)

The proposed change

Aggravating factors in guidelines are non-exhaustive and so the domestic abuse factor can be applied in relevant cases even if the factor is not present in a guideline, however the Council considered that it may be helpful to include it in a wider range of guidelines.

The Council proposes to add the domestic abuse aggravating factor to the following guidelines:

• Administering a substance with intent
• Bladed articles and offensive weapons – possession
• Bladed articles and offensive weapons – threats
• Breach of a criminal behaviour order
• Breach of a protective order (restraining and non-molestation orders)
• Causing or inciting prostitution for gain/ Controlling prostitution for gain
• Committing an offence with intent to commit a sexual offence
• Engaging in sexual activity in the presence of a person with mental disorder impeding choice/ Causing a person, with mental disorder impeding choice, to watch a sexual act
• Engaging in sexual activity in the presence procured by inducement, threat or deception, of a person with mental disorder/ Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception
• Firearms – Carrying in a public place
• Firearms – Possession by person prohibited
• Firearms – Possession of prohibited weapon
• Firearms – Possession with intent – other offences
• Firearms – Possession with intent to cause fear of violence
• Firearms – Possession with intent to cause fear of violence
• Firearms – Possession without certificate
• Aggravated burglary
• Domestic burglary
• Non-domestic burglary
• Robbery – dwelling
• Theft – general
• Trespass with intent to commit a sexual offence
• Voyeurism

The impact

The changes are aimed at improving consistency and transparency and are unlikely to have a significant impact on sentencing practice as most sentencers are aware of the Domestic abuse guideline and apply it in relevant cases. Therefore no impact on prison or probation resources is anticipated.