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Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. You have accepted additional cookies. A 24-year-old who assaulted his girlfriend and stopped her wearing makeup is believed to be the first person to be jailed for coercive control offences using victimless prosecution.. On the night . Extension period of disqualification from driving where a custodial sentence is also imposed, 2. must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function, Conduct intended to maximise fear or distress, Persistent action over a prolonged period, Use of multiple methods of controlling or coercive behaviour, Conduct intended to humiliate and degrade the victim, Conduct intended to cause some fear or distress, Scope and duration of offence that falls between categories A and C, All other cases that fall between categories A and C, Offenders responsibility substantially reduced by mental disorder or learning disability, Offence was limited in scope and duration, Very serious alarm or distress which has a substantial adverse effect on the victim, Fear of violence on at least two occasions, Serious alarm or distress which has a substantial adverse effect on the victim, The seriousness of the offence should be the. Keep up to date on sentencing guidelines, consultations, our research and news about the Council and our work. (6) In this section. However, the Justice Inspectorates, the body that oversees the conduct of the police, has commented that police forces still need to improve their response times to domestic violence call-outs, and continue to improve the understanding of police officers in respect of coercive and controlling behaviour. This page sets out the sentencing guidelines currently being developed by the Council and the stage they are at. How will Queensland criminalise coercive control in domestic violence Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. * If order does not contain a punitive requirement, suggested fine levels are indicated below: **Note: Changes to the curfew requirements brought in by the Police, Crime, Sentencing and Courts Act 2022 are set out in the Requirements section in the Overarching Guideline: Imposition of community and custodial sentences, but are not reflected in the ranges above. Where there is risk of harm to other(s) not taken in account at step one and not subject to a separate charge, this makes the offence more serious. This website uses cookies to ensure you get the best experience on our website. You also have the option to opt-out of these cookies. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. If the behaviour has changed the persons work patterns, employment status, route to work, or attendance record at school, this will also be taken to be a substantial adverse effect. This is not an exhaustive list and any other relevant offence should be considered in order to . Where an offender has turned 18 between the commission of the offence and conviction the court should take as its starting point the sentence likely to have been imposed on the date at which the offence was committed, but applying the purposes of sentencing adult offenders.