How can the Domestic Violence Act 2004 sentencing be changed??

[sarahowen662]

A maximum sentence of 14 yrs is given to anyone "causing or allowing the death of a child or vulnerable person" under the Domestic Violence Act 2004.
How can this sentence be changed to a longer term??
Do you have to petition the government?? or someone else??

[Davethedog]

I believe that most (If not all) Crimes have a tarriff and as such have a maximum, and minimum to change these will require a change in the law.

My guess, and I stress my guess, is that the authorities did not have enough evidence for Murder or Manslaughter and this is the "best" they could go for.

I suspect that the mother, and possibly one of the men, will get less than 14 years. I hope i'm wrong.

[sarahowen662]

But how can we have this law, sentencing, act??? changed to carry a heavier penalty??
I know that realisticaly we cannot have it changed in time for his killers but i still think that 14 yrs is a little lenient

[Davethedog]

I agree but to change it takes, I think an act of parliament.

However I think that in most cases its sufficient, in this case obviously not but I am sure that if the police or cps could have they would have one for murder.

[sarahowen662]

The only reason they are not charged with murder is because they all pleaded not guilty and because not one of them would say who it was that done it none of them can be found guilty of murder, so they have been charged with the lesser sentence.

I think that the ACt should be changed to include longer sentencing. Many new laws have been passed - Sarah's Law for example. I think its high time we stop these types of killers getting away with murder just because one wont 'grass' on the other

[jake-the-peg]

I think you're a little confused here.

There's perfectly good laws for Murder and Manslaughter.

Changing the maximum sentence on a different law will not solve what your problem is which is that you think they should be charged with an offence carrying a harsher penalty.

The law wasn't really changed very much over the Sarah Payne case there certainly wasn't the general access to the sex offeners register that the campaign called for.

The law has however changed much more strikingly in some other cases

1/ It is now possible for someone found guilty to be tried again in certain circumstances.

2/ The prosecution can now appeal a sentence if they feel it to be too lenient.

However the issue with the crimes that people are charged with does come up here and often with those who are charged with causing death by dangerous driving.

I'd suggest that this is probably what needs "fixing" - there may need to be some better oversight to make sure that the CPS makes the right decisions as to what charges to bring.

But that has to be based on that having a realistic chance of conviction and not by a storm kicked up by the tabloid press