Domestic violence sentencing changes adopted

Recommendations aimed at creating a “more coherent and uniform” approach to sentencing by District Court judges for domestic violence offences have been adopted by a Judicial Council committee.

The recommendations are made in a report which found a “divergence of approach” among District Court judges in terms sentencing for breaches of domestic violence orders, with some adopting a family law solution rather than one based purely on ordinary sentencing principles.

The report, commissioned by the council’s Sentencing Guidelines Information Committee from Dr Niamh Maguire of the law department of South East Technological University, examined District Court sentencing for offences including breaches of barring, safety and protection orders under the Domestic Violence Act 2018.

It noted some judges consider physical abuse more aggravating than psychosocial or emotional abuse but found “strong evidence” that judges are motivated to adopt approaches they believed would protect victims.

Noting “a marked difference” in current attitudes of District Court judges to sentencing compared to research findings a decade ago, Dr Maguire said most judges now adopt a “structured” approach concerning the principle of proportionality while only a minority follow an “instinctual synthesis approach”.

It recommended the adoption of a “more coherent and uniform” approach to sentencing for relationship violence offences via a bespoke programme of sentencing information, guidance and training relevant to the cases involved.

A summary of the report, and key recommendations that the committee has adopted, has been published on the council’s website. The committee previously noted that a serious dearth of sentencing data here is delaying its preparation of sentencing guidelines for certain offences.

The absence of data was highlighted during last month’s controversy over a three-year suspended sentence imposed by now-retired Limerick Circuit Court Judge Tom O’Donnell on Defence Forces member Cathal Crotty, from Ardnacrusha, Co Clare, for a serious assault on Natasha O’Brien which left her unconscious. The sentence is being appealed by the Director of Public Prosecutions on grounds of undue leniency.

Dr Maguire’s recommendations include the prioritisation of sentencing guidelines specific to the District Court, and a structured approach to sentencing, including setting out different points on a scale of severity for the more serious offences and appropriate penalties.

Dr Maguire sought, on a confidential basis, the views of District Court judges concerning sentencing. They said large caseloads and long court lists reduced their time and flexibility to consider appropriate sentences and a key challenge was in accessing timely and accurate information considered essential for making sentencing decisions.

These challenges were compounded by weak structural and contextual supports, including a lack of bespoke sentencing guidance relevant to cases being dealt with, the report said.