Statement from the Domestic Abuse Commissioner in response to the publication of the Gauke review

Domestic Abuse Commissioner for England and Wales, Dame Nicole Jacobs, said:

“By adopting these measures the government will be sending a clear message to domestic abusers that they can now offend with little consequence.

“I recognise the difficult situation ministers are in and that our approach to sentencing must change to address the prison capacity crisis. But watering down our criminal justice system is not the answer – especially when it comes at the expense of victims’ safety and cuts short the justice they have fought so hard for.

“With just 5% of domestic abuse related crimes reported to the police leading to a conviction, victims frequently tell me that they do not trust that justice will be served. So, for perpetrators to now likely have the time they spend behind bars significantly slashed, I fear what little confidence survivors had left will be completely eroded.

“I absolutely agree with David Gauke that shorter sentences do not provide the necessary time to rehabilitate offenders, but this can be the only opportunity victims get to make themselves safe, and why they must remain an option for domestic abusers.

“I am also concerned with the suggestion that perpetrators recalled to prison should be re-released after 56 days as standard, following the temporary change to re-release after 28 announced by the government last week. This continues to be an incredibly weak response to someone who has no respect for license conditions.  Should this measure be accepted by the government, it is critical that any breach linked to the victim sees perpetrators returned to prison and kept there until their risk to the victim has been thoroughly assessed and robustly managed by probation.  

“We know domestic abuse perpetrators are adept at manipulating a system that is not adequately resourced to manage them properly.  Should the government agree to release perpetrators even earlier from prison for ‘good behaviour’, then it is critical they remain under close supervision for the rest of their sentence being served in the community.

“I am however pleased to see the review recognise the importance of being able to identify domestic abusers throughout the criminal justice system, including when they’re sentenced, and the valuable role of Specialist Domestic Abuse Courts. But these positive changes alone are not enough to counteract the risk the other recommendations pose within this review.

“Ultimately, I want to remind this government that it has pledged to halve violence against women and girls within the decade, and why it must consider carefully the wider implications many of these proposals will have on victims, should they be accepted.

“I will not see survivors pay the price for prison overcrowding.”