Page 2321 - Week 07 - Wednesday, 3 August 2022
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economic abuse, threatening behaviour or coercion, where that behaviour is done by a person against a domestic or intimate partner, a former domestic or intimate partner or a relative.
The maximum penalty for each new aggravated offence is set out in the provision for each relevant offence, ensuring that there is transparency in relation to the alleged offence and the maximum penalty at the charge stage. The higher maximum penalties will provide guidance to the courts about the Assembly’s assessment of the seriousness of family violence offences, compared to other types of offences.
I do emphasise that the courts will retain full sentencing discretion in determining the appropriate sentence for an offender in each individual case. The maximum penalty is not a form of mandatory sentencing or an attempt to increase incarceration rates but is intended to provide a yardstick for the courts to assess a case against the worst possible case.
This scheme aims to address the behaviour of family violence offenders more adequately and to minimise the risk of further physical, emotional and psychological harm to victim-survivors. The scheme will also provide public recognition of the significant harm that is done to individuals and to the community as a result of domestic and family violence offending.
The bill also amends the Crimes (Sentencing) Act and the Evidence (Miscellaneous Provisions) Act to introduce two new protections in relation to victim impact statements. These measures are general in nature and are not limited to victims of domestic and family violence offences.
New section 51A of the Crimes (Sentencing) Act provides that if the prosecution, in a sentencing proceeding for an offence that is punishable by imprisonment for longer than five years, requests an adjournment for a victim impact statement, the court must grant an adjournment for a reasonable period. However, the court has a discretion to not adjourn the proceedings if satisfied that special circumstances apply. This amendment will help to improve access to justice and reduce trauma for victims involved in the criminal justice process. It ensures that, even where a matter unexpectedly progresses to sentencing, a victim will still be able to access their right to provide a victim impact statement to the court.
New section 96 of the Evidence (Miscellaneous Provisions) Act provides that a court must not allow the defence to cross-examine the maker of a victim impact statement about its contents before a finding of guilt has been made unless the court is satisfied that the statement has substantial probative value to justify the cross-examination. After a finding of guilt has been made, the court must not allow the defence to cross-examine the maker about the contents of a victim impact statement unless the court is satisfied that the cross-examination would materially affect the likely sentence to be imposed on an offender and gives the defence leave.
New section 97 of the Evidence (Miscellaneous Provisions) Act provides that a victim impact statement may not be used in other proceedings unless a finding of guilt has been made in the principal proceeding or the court hearing the principal proceeding is satisfied that the statement has substantial probative value and grants leave.
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