A sense of proportion in domestic abuse law

It is important that our legal system operates proportionately. At its most basic level that view is exemplified by the old adage that punishment should fit the crime.

But the idea of proportionality should be applied more widely if the justice system is to be seen to be operating fairly.

There is, therefore, no reason why domestic abuse cases should be treated any differently from other areas of the law in applying common sense. It is in that context we should see Sheriff Kevin Drummond's remarks yesterday that some domestic abuse cases are too trivial to come to court.

He was commenting of a case in which a man was admonished after admitted placing his hands around his partner's throat after a row. The couple have since married and the man's wife asked for the case to be dropped. That it was not is because of the rigid policy adopted by the Crown Office and the chief police officers that all cases of domestic abuse must be pursued through the courts.

Perpetrated mainly by men, domestic abuse is a vile crime which should always be investigated. The perpetrators should be prosecuted when there is a case to answer and punished harshly if found guilty. But in this, as in all other parts of the criminal justice system, a sense of proportion is important if the law is not to fall into disrepute.