Subsection (1) inserts a new Chapter 6 into Part 3 of the Sentencing Code, introducing a statutory requirement for courts to make a formal finding of domestic abuse where relevant during sentencing. The new Chapter comprises one new section – section 56A. In this new section:
Subsection (1) establishes the scope of the duty. It applies where a court is sentencing an offender and determines that the offence involved domestic abuse carried out by the offender.
Subsection (2) requires the court to state in open court that in its view the offence involved domestic abuse carried out by the offender, where they believe this to be the case. This ensures transparency and creates a formal record of the judicial finding.
Subsection (3) clarifies that the requirement to make a judicial finding of domestic abuse does not override the court’s existing duties under sections 59 and 60 of the Sentencing Code to follow sentencing guidelines. This preserves judicial discretion and ensures consistency with existing sentencing practice.
Subsection (4) defines "domestic abuse" by reference to the Domestic Abuse Act 2021, ensuring consistency with the statutory definition already in use across the criminal justice system.
	Section 6(2) makes equivalent provision for the service justice system.
	The purpose of this section is to improve the identification and recording of domestic abuse in criminal cases. It enables better data collection, supports targeted offender management and victim services, and enhances the visibility of domestic abuse within the justice system.
	The provision does not create a new offence or aggravating factor, nor does it affect sentence length.
	The criminal procedure rules will be amended so as to require that finding to be recorded in the court record. The judicial finding establishes a single, consistent way to record when domestic abuse was a factor in a criminal offence, creating a defined category that can be used to identify and manage domestic abuse offenders, enable improved support for victims, and improved data on domestic abuse including analysis of reoffending.
	The judiciary already engage with the domestic abuse sentencing guideline, which provides a framework for identifying when domestic abuse is relevant to an offence. The judicial finding builds on this existing practice by formalising how that identification is recorded. It requires no change to judicial discretion or sentencing approach, but ensures that where domestic abuse has been identified, it is captured consistently in court records.
	This aligns with existing practice, where relevant background factors are routinely referenced in sentencing remarks without necessarily aggravating the sentence. The judicial finding formalises the current practice of considering domestic abuse at sentencing.
Part 1: Sentencing Section 6: Finding of domestic abuse