Courts in England and Wales must now formally record when domestic abuse was involved in an offender's crime under new measures which came into force on 5 October.
The Judicial Finding of Domestic Abuse, introduced by the Sentencing Act 2026, requires a court to state in open court when it is sentencing an offender and determines that the offence involved domestic abuse carried out by that offender.
The finding is then recorded as a formal court result and can be shared across the criminal justice system, including police, prison and probation digital systems.
The Ministry of Justice says the change is intended to make it easier for authorities to identify patterns of abusive behaviour, recognise repeat domestic abuse offenders and assess the risks they pose to victims.
Courts must make formal domestic abuse finding
Domestic abuse can already be relevant when courts sentence offences including assault and stalking, but the Government says there has previously been no consistent way of recording that domestic-abuse context once an offender has been convicted.
Section 6 of the Sentencing Act 2026 inserts a new section 56A into the Sentencing Code.
It applies where a court is passing sentence for an offence and is of the view that the offence involved domestic abuse carried out by the offender.
In those circumstances, the court must state in open court that the offence involved domestic abuse.
The statutory definition of domestic abuse is taken from the Domestic Abuse Act 2021.
Not a new criminal offence
The judicial finding does not create a new criminal offence, nor is it itself a new aggravating factor or an automatic increase in an offender's sentence.
The explanatory notes accompanying the Sentencing Act make clear that the reform does not change judicial discretion or the existing sentencing approach.
Instead, it creates a consistent formal record when the court has determined that domestic abuse formed part of the offending.
The finding is made at the point of sentencing, meaning it follows conviction for the underlying criminal offence.
Marker shared across police, prisons and probation
Once recorded, the domestic-abuse finding will be visible across police, probation and prison digital systems.
The Ministry of Justice says this should give frontline staff a clearer picture of an offender's history and make it easier to identify repeat perpetrators and manage risk.
The Government says the previous absence of a consistent marker meant the domestic-abuse context identified at one stage of the criminal justice process did not always transfer effectively to another.
The new court record is intended to create a single consistent way of identifying that context throughout the system.
Minister says patterns of abuse have been missed
Minister for Victims and Tackling Violence Against Women and Girls Alex Davies-Jones said patterns of abusive behaviour had not always been recognised across the justice system.
She described the new requirement as an important step towards identifying perpetrators more effectively and protecting victims.
Domestic Abuse Commissioner Dame Nicole Jacobs described the reform as a “step change” in the ability of authorities to track domestic abuse perpetrators through the criminal justice system.
She said the marker should also improve information about the prevalence of domestic abuse within the justice system.
Change now in force
The measure is not simply a future Government proposal.
The Sentencing Act 2026 (Commencement No. 5) Regulations 2026 brought section 6(1), covering the finding of domestic abuse, into force on 5 October 2026.
An equivalent provision covering the service justice system also commenced on the same date.
The requirement has additionally been incorporated into the Criminal Procedure Rules, making implementation obligatory for criminal courts when the statutory conditions are met.
Part of wider domestic abuse reforms
The Government says the measure forms part of its wider programme aimed at reducing violence against women and girls and improving protection for victims of domestic abuse.
Other measures include expanded electronic monitoring, Domestic Abuse Protection Orders in selected areas, specialist domestic-abuse support in some 999 control rooms and work between police and prosecutors through the Domestic Abuse Joint Justice Plan.
The Government is also considering wider use of specialist domestic abuse courts.
Sources
- Ministry of Justice: Domestic abusers to be marked and tracked in boost to victims' safety — 5 October 2026
- Sentencing Act 2026 — Section 6: Finding of domestic abuse
- Sentencing Act 2026 (Commencement No. 5) Regulations 2026 — provisions commencing 5 October
- Sentencing Act 2026 explanatory notes — Judicial Finding of Domestic Abuse