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Domestic Abuse

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np181 | 17:54 Tue 08th Jun 2021 | Law
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When sentencing domestic abuse, do the DA specific guidelines apply when assessing harm and culpability or the second part where aggravating and mitigating factors are assessed within the sentencing range?

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You use the term DA I assume District Attorney. Are you in the US
or domestic abuse?
Question Author
UK
I think it is time to pay attention to your lectures and read the guidelines
Question Author
Yeah I'm starting law degree in sept but please answer my question by clarifying.
He asked for what appeared to be advice on what turnt out to be a hypothetical scenario.

https://www.theanswerbank.co.uk/Law/Question1753978.html
You need to put the domestic abuse sentencing guidelines to one side for a moment, in order to step back and see how they fit into the wider scheme of things.

In all sentencing proceedings, 'Step 1' involves arriving at a provisional sentence, based upon both 'harm' and 'culpability. It's not until 'Step 2' that aggravating and mitigating factors come into play:
https://www.sentencingcouncil.org.uk/overarching-guides/magistrates-court/item/general-guideline-overarching-principles/

Therefore the domestic abuse guidelines about aggravating and mitigating factors can only relate to 'Step 2'.
https://www.sentencingcouncil.org.uk/overarching-guides/magistrates-court/item/domestic-abuse/
Will knowing our opinions on a couple of hypothetical scenarios benefit you that much?
Question Author
Thanks Burn that's what I meant

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