Clause 1 - Breach of non-molestation order to be a criminal offence
Domestic Violence, Crime and Victims Bill [Lords]
2:30 pm
Mrs Cheryl Gillan (Shadow Minister, Home, Constitutional & Legal Affairs; Chesham and Amersham, Conservative)
I, too, welcome you to the Chair, Mr. Benton. I hope that we shall be as easy—and as good-humoured—a Committee as you have ever chaired, after this morning.
Making breaches of non-molestation orders punishable by a maximum five-year sentence makes all breaches arrestable, irrespective of whether a judge may have thought that the circumstances required there to be a power of arrest, but not all organisations believe in that. One of the organisations that I have talked to is Liberty, which is concerned about some of the ongoing moves that blur the distinction between civil and criminal law. Given that a non-molestation order is issued on the basis of a civil burden of proof, Liberty feels that it is inappropriate for a criminal sanction to apply for a breach. However, if feels that if such an offence is to be created, the proposed maximum sentence in the Bill is disproportionate and that no offence should be deemed to have been committed if the person was unaware of the terms of the order.
These simple probing amendments would have the effect of reducing the maximum custodial sentence to 12 months on indictment and six months on summary conviction, and of ensuring that individuals who were aware of the existence of the order but not of its terms would not be subject to prosecution. They give us a device whereby we can look at why the Government have decided on five years and 12 months. I look forward to the Minister's explanation.