This measure draws on procedural precedents such as section 66 of the Sentencing Code (hate crime aggravation), though it does not create a statutory aggravating factor. It aligns with the definition of domestic abuse in the Domestic Abuse Act 2021. Additionally, judges already engage with the Sentencing Council’s Domestic Abuse Guideline when they identify that an offence has occurred in a domestic setting and consider this as a relevant factor in sentencing. The judicial finding will be recorded as a formal court result and applies only in the criminal jurisdiction, post-sentencing.
Legal background Part 1: Sentencing Finding of domestic abuse