By Lucy Caulkett-
New judicial finding will allow police, prisons and probation services to identify domestic abuse perpetrators more consistently, as ministers seek to close a long-standing gap in the criminal justice system
Courts will for the first time be required to formally record when domestic abuse was involved in a criminal offence, in a major change intended to give police, prisons and probation services a clearer picture of perpetrators and the risks they may pose to victims. The new judicial finding of domestic abuse comes into force today, Monday 5 October 2026, requiring judges to state in open court when they believe an offence involved domestic abuse carried out by the offender. The finding will then be entered as a formal court result at sentencing and shared with relevant criminal justice agencies. The reform addresses a gap that has existed despite domestic abuse already being recognised as an aggravating factor in a wide range of offences, including assault and stalking. A case involving domestic abuse could previously result in a conviction for an offence such as assault or criminal damage without there being a consistent, system-wide marker showing the domestic abuse context.
The government says this has made it harder for agencies to identify perpetrators, assess the risks they pose and spot patterns of repeat offending. The new finding is intended to ensure that information about domestic abuse is more visible as an offender moves through the criminal justice system. The marker will be visible on police, prison and probation digital systems, giving frontline professionals access to a clearer picture of an offender’s history. The intention is that this will improve risk assessments, help agencies identify repeat domestic abuse offenders and support more tailored interventions aimed at addressing abusive behaviour.
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The measure is not, in itself, a new criminal offence or a new aggravating factor. Instead, it creates a formal judicial finding about the circumstances surrounding an offence. The government previously described the reform as a way of fixing an identification and tracking gap in the criminal justice system, where domestic abuse could be present in a case without being consistently recorded at sentencing. The reform is rooted in the broader evolution of the way domestic abuse has been recognised in law. For years, the criminal justice system largely dealt with individual acts of violence or other offences rather than the wider pattern of abuse that can exist within relationships.
That approach began to change significantly with the creation of the criminal offence of controlling or coercive behaviour under the Serious Crime Act 2015. The offence recognised that domestic abuse can involve an ongoing pattern of intimidation and control rather than only individual incidents of physical violence. The Domestic Abuse Act 2021 went further by establishing a statutory definition of domestic abuse. The definition covers physical and sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse and psychological, emotional or other abuse. It also recognises abuse between people who are or have been intimate partners, family members or connected through parenthood.
The 2021 legislation followed growing recognition that domestic abuse is not confined to physical violence. It also strengthened the legal framework around victim protection and introduced measures including the recognition of children who see, hear or experience the effects of domestic abuse as victims in specified circumstance.
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Another important development came with the introduction of the Domestic Violence Disclosure Scheme, commonly known as Clare’s Law. Rolled out across England and Wales in 2014 following a pilot, the scheme was named after Clare Wood, who was murdered by her former partner in Greater Manchester in 2009. It allows people to ask police about a current or form a partner’s history of violence or abuse, while also allowing police to disclose relevant information where they believe it is necessary to protect someone from harm.
The new judicial finding tackles a different part of the same problem: rather than relying on information being sought or disclosed separately, it creates a formal record at the point of sentencing when a criminal offence has involved domestic abuse. Minister for Victims and Tackling Violence Against Women and Girls and International Justice Alex Davies-Jones said too many victims had suffered because patterns of abusive behaviour had not always been recognised across the justice system. She said the measure would help authorities better identify perpetrators, protect victims and support the government’s commitment to halving violence against women and girls.
Andrea Simon, London’s Victims’ Commissioner, welcomed the implementation of the measure. As a panel member of the Independent Sentencing Review, she had supported putting domestic abuse flags into law so that the context of an offence could be formally recorded. She said the change was particularly important amid changes involving the release of prisoners, arguing that justice agencies needed to be able to identify domestic abuse perpetrators and respond to the risks they pose before victims were exposed to further harm.
Dame Nicole Jacobs, the Domestic Abuse Commissioner, said the measure represented a significant change in the ability of the criminal justice system to track domestic abuse perpetrators.
She said the information could help agencies respond more effectively to harmful behaviour while ensuring victims receive an appropriate level of support. She also argued that better recording would provide a clearer picture of the prevalence of domestic abuse within the justice system, which could help inform efforts to protect victims and hold perpetrators to account.
The new finding has been introduced through the Sentencing Act 2026 and incorporated into the Criminal Procedure Rules, making it obligatory for courts to implement. It applies in criminal courts where the court considers that the offence involved domestic abuse carried out by the offender. The definition of domestic abuse is tied to the framework established by the Domestic Abu
The change is part of a wider package of measures intended to strengthen the response to domestic abuse. The government has introduced domestic abuse specialists in 999 call centres in selected areas, while the Crown Prosecution Service and National Police Chiefs’ Council have launched a Domestic Abuse Joint Justice Plan aimed at bringing police and prosecution expertise together to improve investigations and change eventual outcomes.
Other measures include improved access to civil legal aid for domestic abuse victims, expansion of Pathfinder pilots in family courts and the rollout of Domestic Abuse Protection Orders in selected areas. Such orders can impose restrictions on perpetrators and may require them to participate in behaviour-change programmes. The government is also considering whether specialist domestic abuse courts should be expand . Victims are also being offered additional support through a new Victim Support helpline funded as part of an £18 million package. Meanwhile, electronic monitoring is being expanded, including restriction zones intended to keep the highest-risk offenders away from people they have h
A marker can give police, probation and prison staff a clearer warning about an offender’s history, but its value lies in whether that information translates into stronger risk assessment, appropriate intervention and practical protection. After years in which domestic abuse has increasingly been recognised in law as a pattern of behaviour rather than simply a series of isolated incidents, the new measure represents another attempt to make that context visible throughout the criminal justice background section, and a final paragraph that brings the significance of today’s change back to victims and public protection. system.
As from today, when a criminal offence has involved domestic abuse and the court makes the required finding, that context will no longer have to remain buried within the details of an individual case. It will become a formal part of the court record — information intended to follow the offender through the justice system and help authorities identify risks before further harm occurs.
Minister for Victims and Tackling Violence Against Women and Girls and International Justice, Alex Davies-Jones(pictured) 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.
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