Wife beaters to avoid jail thanks to overcrowded prisons crisis

13 April 2012

The Government has shelved measures to protect victims of domestic violence because of the overcrowding crisis in prisons.

New restraining orders for violent partners were due to come into force last July.

But since then, no orders have been issued, with the Government consistently refusing to provide an explanation.

Measures to protect victims of domestic violence have been shelved because of overcrowding in prisons (picture posed by models)

Measures to protect victims of domestic violence have been shelved because of overcrowding in prisons (picture posed by models)

Now, Equality Minister Baroness Thornton has admitted their introduction has been delayed because of "pressures on the prison population".

Under the new law, people convicted or even just accused of violence or harassment were to be issued with restraining orders, dramatically extending their use.

Those who breached orders faced up to five years in prison.

In a letter to Tory peer Baroness Hanham, a copy of which has been obtained by this newspaper, Baroness Thornton wrote: "As Section 12 would make restraining orders available in a much wider range of cases, its implementation would have an impact on the prison population, and it was agreed by Ministers that the introduction of this section be postponed until further work has been carried out to look at the implications of this.

"The pressures on the prison population remain the biggest issue, and the Home Office is working with colleagues in the Ministry of Justice with a view to resolving this."

Shadow Justice Secretary Nick Herbert said: "This is a disgrace.

"Ministers ignored every warning about the need for more jail capacity until it was too late, and now violent men who pose a risk to their partners are avoiding restraining orders.

"The incompetent management of our prison system is putting the public at risk, harming the administration of law and order and undermining confidence in the whole criminal justice system."

Colin Moses, chairman of the Prison Officers’ Association, said: "Once again the criminal justice system is failing due to Government incompetence.

"It is outrageous that women are being put in danger."

In August last year, Andrew Mournian was released early from prison after serving a 20-week sentence for attacking his partner, teacher Amanda Murphy.

Under the new law, he should have been issued with a restraining order.

Just four days later, Mournian brutally beat Miss Murphy around the head at their home in Dewsbury, West Yorkshire, and she died three days later.

Last week the prison population was at a record 83,000, close to capacity.

In a bid to ease the pressure, the Government has released 5,000 violent prisoners early, including robbers and sex offenders.

A Home Office spokesman said: "Huge progress has been made to support victims of domestic violence and bring perpetrators to justice.

"We will continue to look for further ways to protect the vulnerable.

"This includes discussions on implementing measures in the Domestic Violence Act."

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