A young mum who was battered black and blue by a thug now back on the streets has welcomed a consultation on sentencing guidelines for domestic abuse.
The Scottish Sentencing Council has launched a public consultation on draft guidelines aimed at helping judges deal more consistently with domestic abuse cases while improving communication with victims.
The consultation, which will run for 12 weeks, has started to give victims greater clarity on the processes and reasons behind court decisions.
The proposed guidelines clearly set out the information which should be considered by judges in deciding sentences.
Brave domestic abuse survivor, AJ Smith, 22, has backed the draft but insists more needs to be done.
View 4 ImagesRegan McIlmoyle has been released early (Image: Supplied)
Her abusive ex-partner Regan McIlmoyle battered her so badly that she wished she would die.
The 26-year-old from Bellshill was freed last month through a six-month Supervised Release Order after he was given a backdated sentence of 16 months in prison on November 27 last year for choking the mother-of-three.
AJ suffered years of abuse at the hands of the brute. McIlmoyle was previously jailed in March 2024 for four months after he smashed up AJ’s home, hurled furniture at her and assaulted her.
On the same day, he also attempted to bite, strike and headbutt police officers.
She said: “I wish guidelines like this were in place when Regan was last sentenced. I received little communication regarding why he got what he did.
“Serial abusers are put away for years in some cases whereas he only served five months and I wasn’t told why.
View 4 ImagesBruising on AJ’s neck(Image: Supplied)
“Hearing that how judges approaching domestic abuse cases could be standardised and allowing for more communication with victims can only be a good thing.
“The system needs sorted though. Regan deserved longer, but he got away with a slap on the wrist yet again.
“More still needs to be done to help protect women in Scotland.
“He strangled me and that should have been classed as attempted murder.
“The professionals dealing with the case called it choking, which is wrong.
It was strangulation, not just a bit of food caught in your throat – you only do that when you intend to kill someone.
“Women aren’t being protected enough in Scotland. I, like many others, have been left in a constant state of hypervigilance because of what was done to me.
“These guidelines are a start but there is a long way to go.”
View 4 ImagesAJ Smith has spoken out(Image: Supplied)
The draft guideline makes clear that these offences can cause particularly damaging harm to those impacted by abuse, including children, and can inflict lasting trauma. It sets out some of the behaviours domestic abuse can entail, such as coercive control like isolating a victim from family or friends, as well as economic abuse or physical or sexual abuse.
A list of factors which can make offences more serious, and may lead to a more severe sentence, are also detailed in the guideline – for example, using a child to direct offending behaviour at a victim or preventing a victim from obtaining assistance.
The draft guideline also includes a section explaining the legislation on non-harassment orders.
Lord Beckett, Lord Justice Clerk and Chair of the Council, said: “This guideline will assist the court in selecting what can sometimes be challenging sentencing decisions, thereby enhancing consistency.
“It will also aid public awareness by helping people better understand what domestic abuse can involve, and what is considered by the courts when reaching a sentence.”
The deadline for responding to the consultation is August 6. All responses will be carefully considered before the guideline is finalised and submitted to the High Court for approval.
Article continues below
Get more Daily Record exclusives by signing up for free to Google’s preferred sources. Click HERE