New sentencing guidelines proposed to deal with sex offenders who flout court orders
New sentencing rules have been drawn up to ensure criminals such as sex offenders or stalkers receive appropriate punishments for flouting court orders.
Judges and magistrates are set to be given comprehensive guidelines on dealing with those who have breached measures including those imposed in relation to harassment and sex crimes.
The Sentencing Council is launching a consultation on proposals for handling cases of non-compliance with several types of court order.
While developing its draft guidelines, the body identified that some breach offences were attracting sentences much lower than the maximum allowed under law.
This was either due to no existing guidance being available or because existing guidance did not address offences “at the upper end of seriousness”.
For the first time, the draft guidelines explicitly include a focus on risk of harm for some breaches to ensure appropriate sentences are imposed where a breach presents a serious risk of harm to the public – without any actual harm needing to have occurred.
An example could be where an offender subject to an order banning them from being in the presence of a child breaches the order by building a relationship with a child or a family with the intention of committing further sexual offences.
The consultation document says: “Even if there is no offence committed, it is highly likely that distress would be caused to family members who had unknowingly exposed their child to a risk of sexual harm, and to the child who may become aware of being the subject of potential harm.”
Orders covered in the proposed guidelines include sexual harm prevention orders, which are used to place restrictions on people convicted of sex offences, and restraining orders, which can be imposed in stalking cases.
Those responsible for flagrant, serious or persistent breaches which cause very serious harm or distress will face the toughest punishments.
Sentencing Council member Martin Graham said: “Our guidelines aim to ensure that offenders get the type of sentence that reflects the seriousness of what they have done, and give courts clear guidance on what action should be taken against those offenders who ignore court orders.
“Where they breach orders and cause or risk harm or distress to others, they can expect robust penalties to be imposed.”
Javed Khan, chief executive of children’s charity Barnardo’s, welcomed the consultation.
He said: “Court orders that prevent convicted abusers from sexually harming children are a vital way of protecting victims.
“Breaches of these orders can put children at risk and have devastating consequences.”
Justice minister Sam Gyimah said: “Offenders should be in no doubt – if you disregard court orders, you will face tough consequences.
“These new guidelines will make sure sentences match the seriousness of the crime, and the harm caused to victims and their families.”
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