Kangs Solicitors regularly defend clients charged with criminal offences resulting from domestic incidents.

Nazaqat Maqsoom of Kangs Solicitors explains the nature of Domestic Abuse and comments on the new guidelines (‘the new guidelines’) that have been published.

What Is Domestic Abuse? | Kangs Domestic Abuse Defence Solicitors

Whilst there is no statutory definition of domestic abuse or violence, it can be summarised as: 

“any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members , regardless of gender or sexuality”.

The abuse envisaged is not simply physical but includes that of a psychological, sexual, emotional and financial nature as well as harassment and threatening behaviour.

Although there is no specific offence of domestic abuse, legislation covers some aspects, for example, Section 76 of The Serious Crimes Act – Controlling or Coercive.

The New Guidelines | Kangs Domestic Abuse Defence Specialists

The new guidelines announced on 22nd February 2018, which replace those published in 2006, will come into force from the 24th May 2018.

At the time that the new guidelines were introduced for public consultation, it was stated:

‘Previously, guidelines stated that offences committed in a domestic context should be seen as no less serious than those in a non-domestic context, whereas the new guideline  emphasises that the fact an offence took place in  a domestic context makes it more serious’.

The new guidelines will affect anyone due to be sentenced on or after the 24th May 2018,

and:

  • set out principles designed to affect sentencing
  • provide direction as to the assessment of seriousness
  • contain other factors to be taken into account.
  • recognise the use of technology to commit offences such as telephone calls, text messages, email, social networking sites or use of GPS tracking devices.

The Anticipated Effect | Kangs Domestic Abuse Advisory Team

It is expected that tougher sentences will be imposed on those convicted of offences involving domestic abuse.

Theresa May explained the Government will bring forward a Domestic Violence and Abuse Bill stating:

‘We want to ensure that we listen to all those who’ve been affected. This Government is committed to working to support the victims of domestic violence, but also to working to ensure that we end violence against women and girls’.

How We Can Help | Kangs Domestic Abuse Defence Team

Kangs Solicitors experienced team of solicitors has a proven track record of dealing with domestic abuse issues and understand the difficulties that can arise.

If you have been accused of such an offence we can provide representation at the police station, the Magistrates’ Court and Crown Court.

Who Can I Contact ? |Kangs Domestic Violence Defence Solicitors

Please feel free to contact any of the following who will be happy to assist:

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521 210

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396