‘Don’t jail abusive parents who are child’s sole carers’
Sentencing Council advises courts to show leniency in cases where a prison term may be the worst outcome
PARENTS who abuse their own children should be shown leniency if they also care for the child, the Sentencing Council has said.
Judges should consider not sending parents to prison if they are the “sole or primary carer” for their children because of the impact this could have upon the victim, new guidelines say.
“Careful consideration should be given to the effect that a custodial sentence could have on the family life of the victim and whether this is proportionate to the seriousness of the offence,” the document, published today, suggests.
“This may be of particular relevance in lower culpability cases or where the offender has otherwise been a loving and capable parent/carer.”
Barristers representing abusers in court can already suggest to judges that they show leniency for an offender with dependent children, but this is the first time guidelines have set out how this should affect sentencing.
They also suggest that judges should be more lenient toward offenders who have themselves been a victim of domestic abuse, or where they were coerced or intimidated into crime.
The advice also brings in a new aggravating factor of trying to accuse someone else of having carried out the abuse, which is intended to help courts deal with situations where a parent has tried to blame their partner or the child’s other parent for abuse. But if an abuser has professional responsibility for a child, such as a teacher or sports coach, their offending is to be taken more seriously – this could include bullying, neglect or corporal punishment.
The guidelines, due to come into force in January, cover cruelty, causing or allowing death or serious harm, and failing to protect a girl from the risk of female genital mutilation, for which a starting point of five years in prison is suggested for the most serious offences.
Child cruelty covers a broad range of offending from leaving children at home on their own, putting them at risk through alcohol or drug abuse, or at the most serious end subjecting them to violent abuse that leads to injury or death.
The guidelines are meant to help judges differentiate between “sadistic”, long-term campaigns of abuse and less serious cases which involve a “brief lapse in judgment”.
Judges and magistrates must follow the guidelines except in cases where it is not in the interests of justice to do so. Justice minister Rory Stewart said: “Child cruelty is abhorrent and can damage lives forever.
“These guidelines will make sure sentences reflect the severity of the crime, and give courts greater clarity.”
Mrs Justice Maura Mcgowan, of the Sentencing Council, said: “Child cruelty offences vary greatly, from a oneoff lapse which puts a child at risk of harm to a campaign of deliberate cruelty which leads to serious injury or even death.
“This guideline will help ensure sentences that reflect what the offender has done and the harm to the child. The guideline will also assist sentencers in cases where the offender has also been the victim of abuse from another.” The Sentencing Council is an independent public body of the justice ministry.