Issued by: Ministry of Justice

Victims and survivors of domestic abuse will be better protected as new measures come into force today (Monday 5 October), which require courts to make a formal record when domestic abuse was a factor in offending.

• For the first time, courts will formally record when an offence involved domestic abuse.

• New marker will help police, prisons and probation better identify and manage perpetrators and protect victims.

• Latest step in the government’s mission to halve violence against women and girls.

Victims and survivors of domestic abuse will be better protected as new measures come into force today (Monday 5 October), which require courts to make a formal record when domestic abuse was a factor in offending.

Domestic abuse is already recognised as an aggravating factor in a wide range of offences, such as assault or stalking, but until now there has been no consistent way to record this once an offender is convicted. This makes it harder to identify abusers; manage the risks they pose and identify patterns of repeat offending.

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. This will ensure perpetrators are identified and managed more effectively by enabling more tailored interventions to address abusive behaviour.

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, said:

"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."

Court flags will be shared with relevant partners and agencies, and be visible on police, probation and prison digital systems. This will give frontline staff a clearer picture of an offender’s history, helping them assess and manage risk effectively and better identify repeat domestic abuse offenders

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.

Victims will also be better protected through the expansion of electronic monitoring, including world-first 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."

Further information

• The Judicial Finding of Domestic Abuse was introduced by the Sentencing Act 2026. It has also been included in the Criminal Procedure Rules, making it obligatory for the courts to implement. The judicial finding will apply when an offence involved domestic abuse (as defined by the Domestic Abuse Act 2021) carried out by the offender.

• The Judicial Finding of Domestic Abuse will only apply in the Criminal Court.

• The finding will be recorded as a formal court result at the point of sentencing.

• The reforms form part of wider action to improve outcomes for victims and survivors, including:

• Introduced domestic abuse specialists in 999 call centres in selected areas. Specialists can support first responders to assess the risk and make sure there is an appropriate response.

• The CPS and NPCC have launched the ‘Domestic Abuse Joint Justice Plan’, which brings police and prosecution expertise together – for a stronger, more co-ordinated approach to investigating and charging domestic abuse.

• Improved access to civil legal aid for domestic abuse victims by extending the equity disregard for the main residence.

• Expanding the Pathfinder pilots in family courts, which are helping to ensure that children’s voices are heard in each case, reducing their trauma, and providing more access to specialist support.

• The rollout of the Domestic Abuse Protection Orders in selected areas. This puts tough restrictions on abusers and can include orders for behaviour change programmes.

• Considering how to expand the use of specialist domestic abuse courts.

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