Neuigkeit zur PetitionChange the law to make sentencing for domestic violence fit the crimeHave your say! Help shape the new Domestic Abuse Law - Public Consultation Launched today
Tamasin Wedgwood
25.06.2018
A consultation exercise will be launched today (Monday 25 June) by the Department of Home Affairs and asks for people’s views on three draft Bills, including: • The Diversion of Offenders and Domestic Abuse Bill The second part of this Bill addresses domestic abuse. The consultation and associated documents, which may be downloaded, can be found by visiting the Isle of Man Government’s consultation hub: https://consult.gov.im/ Please have your say, and encourage your friends, family and colleagues to do the same. This is an especially important opportunity for victims and their families to have our voices heard. Question11 in the public Consultation asks whether Domestic Abuse should have its own separate Bill and not be tacked onto another piece of Legislation. The answer we feel, is of course, a resounding “Yes!” It seems especially inappropriate to have this very important issue covered within a Bill on the “Diversion of Offenders” – which is about increasing the use of fines and cautions etc and the reduction of gaol sentences. In Domestic Abuse we want an end to the use of fines, and in an increase in rigorous sentencing. However, we need also to be wary that if we insist on a separate and appropriate Law, rather than that currently proposed this would delay getting a law – please think about this issue and give your comments at the consultation hub. The proposed Bill is modelled on the English Legislation – which has flaws and short comings. Please use the Consultation opportunity to help us close some of these loopholes before this becomes Law. One important aspect is that we have asked that the Isle of Man legislation instead follows the Scottish Law which addresses domestic abuse as a pattern of ongoing coercive behaviour, NOT as an “incident” or incidents. Please help us to stress to the Isle of Man government how important this is! Abuse is never going to be fully understood or appropriately sentenced unless the Courts are able to look at the whole pattern of behaviour. The consultation documents ask for feedback on the planned Bill as well as definitions around coercive and controlling behaviour; it aks whether sentencing guidance should be issued by the Department and be taken into account by the Courts when trying a domestic abuse case or sentencing a person for domestic abuse (we believe Yes!) and whether a Maximum sentence of 5 years is long enough – absolutely not! We will send out another Petition update shortly, with important points from a recent Coercive Control Conference in the UK, about the shortcomings of the English Legislation, so that we can all help, through our comments, to ensure the Isle of Man Bill does not have the same shortcomings. We have been told, that in addition to answering the questions, there is space available to add further comments on anything that strikes you about this Bill or any change you feel is needed in regard to Domestic Abuse Legislation. DHA have also stated that they want to hear “the voice of the victim” and want to understand victims’ experience of what needs to change. Please use this opportunity!! Finally – to all those who signed this Petition by 3S, the DHA Press Release states: ‘It’s appropriate at this point to pay tribute to the work of charities and agencies in respect of the legislation relating to domestic abuse … and recognise how 3S has contributed and helped raise the profile of domestic abuse more recently.’ Thank you for your help in doing that! And thank you for contributing now by commenting on the draft Bill. Consultation will run for 8 weeks and conclude on 20 August 2018.
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