Court Orders
The question
To ask the Secretary of State for the Home Department, whether she has had discussions with the Secretary of State for Justice on the potential merits of introducing mandatory minimum sentences for individuals in breach of protective orders.
Answered by Dame Diana Johnson
Minimum sentences are rare in England and Wales and are only provided in legislation for certain offences where there is a particular concern.
It is the function of the court to decide the sentence in each case subject to the maximum that Parliament has provided, and any relevant Sentencing Guidelines published by the Sentencing Council. Sentencing must also be proportionate to the offence committed, taking into account all the circumstances of each case. That is why, even in cases where a minimum sentencing requirement applies, the court retains discretion not to apply it in exceptional circumstances.
The government has launched an Independent Review of Sentencing, chaired by former Lord Chancellor David Gauke, to provide a comprehensive re-evaluation of our sentencing framework with the aim to provide long-term solution for our justice system and to ensure we are never again forced to rely on the emergency release of prisoners.
This government is committed to strengthening protective orders and launched new Domestic Abuse Protection Orders (DAPOs) in select areas in November 2024. The DAPO provides stronger protection for victims as it is the first order to cover all forms of domestic abuse including, coercive and controlling behaviour and also has the ability to impose electronic monitoring and attendance to a behaviour change programme. Breach of a DAPO is a criminal offence punishable by up to 5 years’ imprisonment.
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