Courts will formally record when an offence involves domestic abuse for the first time, the government has announced. The move, which came into effect from Monday 5th October, is the latest step in the government’s mission to halve violence against women and girls.
Domestic abuse is already recognised as an “aggravating factor” in a wide range of offences, but until now there has been no consistent way to record this once an offender is convicted, making it harder to identify abusers, manage the risks they pose and identify patterns of repeat offending, the Ministry of Justice (MoJ) said.
Under the new measures, the courts must now state in open court when an offence involved domestic abuse, creating for the first time a single, clear court record that can be shared across the criminal justice system.
Court flags will be shared with relevant partners and agencies, and be visible on police, probation and prison digital systems, giving frontline staff a clearer picture of an offender’s history, helping them assess and manage risk effectively and better identify repeat domestic abuse offenders. This will ensure perpetrators are identified and managed more effectively by enabling more tailored interventions to address abusive behaviour, explained the MoJ.
Minister for victims and tackling violence against women and girls and international justice, Alex Davies-Jones said: “Too many victims have suffered because patterns of abusive behaviour have not always been recognised across the justice system. This is an important step towards better identifying dangerous perpetrators, protecting victims and delivering on our commitment to halve violence against women and girls.”
Andrea Simon, London’s victims’ commissioner, added: “As a panel member of the Independent Sentencing Review, I was committed to ensuring domestic abuse flags were enshrined in law through the Sentencing Act. This is so the context of an offence could be formally recorded and protections for victims of abuse could be strengthened.
“I am therefore, pleased to see these measures being implemented in practice. Within the context of early prison releases, it is vital that justice agencies can effectively identify and respond to the risks posed by domestic abuse perpetrators and put the right interventions in place to protect victims from further harm.”
More widely, victims are being supported through a new victim support helpline, funded as part of an £18 million support package, while the prime minister has blocked offenders convicted of rape, serious child sexual offences and grooming from benefiting from upcoming sentencing changes. There will also be an expansion of electronic monitoring to include restriction zones designed to keep the highest-risk offenders away from those they have harmed.
Dame Nicole Jacobs, domestic abuse commissioner, said: “This marks a step change in our ability to track domestic abuse perpetrators through the criminal justice system – something I have long called for. Not only will it enable us to better identify and respond to harmful behaviour, but it will also help ensure victims receive the right level of support they need, while giving us a clearer picture of how pervasive domestic abuse is within our justice system.
“That insight is crucial if we are to better protect victims and hold perpetrators to account.”
