Domestic violence and stalking legislation that will significantly increase sentences is approved

The Government has approved the introduction of a wide-ranging domestic violence and stalking Bill which will dramatically increase sentences for offenders.

Among the measures expected to become law by autumn are a doubling of the maximum sentence for assault causing harm, the introduction of a dedicated stalking offence and specific offence of “non-fatal strangulation”.

The maximum sentence for conspiracy to murder, a common charge in foiled gangland assassination attempts, will also be increased from 10 years to life in prison.

Minister for Justice Helen McEntee announced on Wednesday she has secured Government approval for the Criminal Justice (Miscellaneous Provisions) Bill 2022. It will go before the Oireachtas after the summer recess.

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Much of the Bill focuses on the offence of stalking which Ms McEntee called “an extremely serious and intrusive crime that can cause devastating psychological distress”.

Evidence from other countries shows specific stalking offences can lead to greater volumes of crimes being reported and prosecuted, said the Minister.

The stalking offence will be widely defined and will include conduct that “either puts the victim in fear of violence or causes the victim serious alarm and distress that has a substantial adverse impact on their usual day-to-day activities”.

This could include actions such as following, communicating, impersonating or interfering with property or pets. The Department of Justice said this is not an exhaustive list.

Maximum sentence

It will cover repeated and once-off acts and offenders will face a maximum sentence of 10 years.

Another provision will also make it easier for a victim to get a protection order if they are being stalked. Unlike protection orders granted under domestic violence legislation, victims will not have to know their stalker to obtain an order.

“The new system of civil orders is important as these target stalking at an early stage, before it progresses to the level of seriousness seen in some of the criminal convictions,” said the department.

Convictions for the offence of assault causing harm, a charge which often forms the core of domestic violence prosecutions, will now carry a maximum term of 10 years instead of five.

The offence of non-fatal strangulation was specifically reflected by Garda Commissioner Drew Harris. It will carry a maximum term of 10 years or life imprisonment in cases where serious harm is caused.

“Non-fatal strangulation is a common feature of domestic abuse and is a strong predictor of further violent offences,” said Ms McEntee.