Criminal approach to contempt

Robinson v Murray CA TLR 19 August

The approach to sentencing for contempt in family matters should take into account the approach to sentencing in the criminal division. Imprisonment needed to be reserved for those cases where it was necessary; although alternatives might be more appropriate, unfortunately under the Family Law Act 1996 they were limited. The courts could suspend sentences, which might be a constructive course, but the court had nothing like the alternatives that were available to the criminal courts. Nevertheless the purpose of sentencing in criminal proceedings contained in s142(1) of the Criminal Justice Act 2003 was very relevant; s143 set out factors relevant to considering the seriousness of the offence and s144 dealt with the reduction in sentences for guilty pleas. An offender who breached an order should show repentance and remorse. One way he could do that was by admitting his responsibility. The court upheld an eight month prison sentence for three breaches of a non-molestation and occupation order.