Analysis By Jon Silverman Legal affairs analyst

New sentencing guidelines for domestic violence cases have been introduced for courts in England and Wales. Our correspondent examines the implications.

Provocation is a "partial" defence to a murder charge.

The SGC will return to the issue of domestic violence sentencing

In other words, if argued successfully, it will reduce the charge to manslaughter and attract a lesser sentence.

Its use is especially contentious in cases of domestic violence because men are more likely to persuade a court that they acted impulsively than women. The legal definition of provocation as "a sudden temporary loss of self-control" has frequently worked against women who experience years of abuse and kill their partner as a last resort.

Because of the imbalance in strength, it is also more common for women to kill with a weapon than men.

Starting point

As a result of these guidelines, courts must not assume more culpability simply because there has been a significant lapse of time between the provocation and the killing. Nor must they automatically impose a harsher sentence simply because a weapon was used, without examining all the circumstances.

It does sound as if we are going to have fewer wild discrepancies in sentences depending on the sex of the offender Women's Aid

Judges are also being told that the starting point for a manslaughter conviction by reason of provocation should be prison - except for a very small number of cases.

Deborah McIlveen, of Women's Aid, said: "It does sound as if we are going to have fewer wild discrepancies in sentences depending on the sex of the offender. And that longer terms will be imposed on perpetrators of domestic violence.

"But we'll have to see how the courts apply the guidelines."

There is a major review of the law of murder being conducted by the Home Office and the Law Commission, so the Sentencing Guidelines Council (SGC) is intending to return to the issue of domestic violence sentencing next year.

'Unpopular prospect'

The new guidelines on sentencing for robbery are intended to address inconsistencies which have concerned both the Magistrates' Association and the Youth Justice Board (YJB).

Robbery offences account for the highest proportion of under-18s in custody. Figures from the YJB show that young offenders in London were more than twice as likely to get a custodial term as those in north-east England.

The guidelines state that the starting point for a robbery - often a street mugging - should be a community order if it involves the threat or use of minimal force.

But where the victim is caused serious injury and/or a weapon is used, the starting point should be seven years detention.