The Sentencing Advisory Council (SAC) has released the results of its review of sentencing practices for intervention order breaches.Its findings are in two reports: the Sentencing Practices Final Report and the Breaching Intervention Orders Report.The SAC identified the following issues:The lack of obvious connection in some cases between the penalties imposed and any identifiable sentencing …
Continue reading Sentencing Advisory Council release intervention order reports
It seems that news of the closure of the Federal Magistrates Court might be premature. From recent media reports, some federal magistrates are unhappy about plans to integrate their court into the Family and Federal Courts. Given their tenured positions, it would appear that if they refuse to join another court it would be constitutionally …
The respondent to a family violence intervention order is not allowed to personally cross-examine a protected person in an application for an intervention order: Family Violence Protection Act 2008 s 70.If the respondent isn't represented by a lawyer, the Act requires a magistrate to direct Legal Aid to represent the respondent for cross-examination of the …
Continue reading Protected witnesses protected from self-represented litigants
From what I've seen so far, there is an increase in applications under the Family Violence Protection Act 2008, and an increase in the work required of s 45 applicants.Applications can be brought by police, by unrepresented affected family members, by guardians (in the case of children) and by affected family members with the assistance …