Courts in England and Wales must now record domestic abuse in the sentence: what changed on 5 October

From Monday 5 October 2026 criminal courts in England and Wales must formally record when an offence involved domestic abuse. The marker is called the Judicial Finding of Domestic Abuse. It was introduced by the Sentencing Act 2026 and written into the Criminal Procedure Rules, which makes it obligatory for courts to apply.

What changed on 5 October 2026?

Courts must now state in open court that an offence involved domestic abuse and record it as a formal court result at the point of sentencing.

ADV · A003We build websites for tradespeople and sole traders — £219Customers see your work and prices and message you straight away. Ready in 3 days, £219 instead of £438.Advertise here

Domestic abuse was already treated as an aggravating factor in a wide range of offences, from assault to stalking. What was missing was a consistent way to record it after conviction. The information stayed inside a single case file and did not travel through the system, which made it hard to see that an offender was showing a repeated pattern rather than committing a one-off.

Who will see the domestic abuse marker?

The court flag is shared with partner agencies and is visible on police, probation and prison digital systems.

That is the point of the reform: one finding made in court follows the offender across the whole criminal justice system. Frontline staff get a clearer picture of an offender's history and can assess risk more accurately — for example when deciding what restrictions to attach on licence or which behaviour change programme to require.

Which cases does the new rule cover?

The finding applies where an offence involved domestic abuse as defined by the Domestic Abuse Act 2021, and it applies in the criminal courts only.

Under the 2021 Act, domestic abuse is behaviour between people aged 16 or over who are "personally connected" — partners, ex-partners or family members. It covers not only physical and sexual violence but also threats, controlling or coercive behaviour, economic abuse and psychological or emotional abuse. Family courts do not use the finding.

Does the marker change the sentence itself?

No — it adds no extra time and creates no new offence; it records the context of a sentence that has already been passed.

Its effect is indirect but long-lasting: agencies use the flag to choose interventions for the offender and to assess future risk to the victim. Alex Davies-Jones, Minister for Victims and Tackling Violence Against Women and Girls, called it "an important step towards better identifying dangerous perpetrators". Domestic Abuse Commissioner Dame Nicole Jacobs said the flags will also give a clearer picture of how pervasive domestic abuse is within the justice system.

How many people does this affect?

The Crime Survey for England and Wales estimated that around 3.8 million people aged 16 and over — 7.8% — experienced domestic abuse in the year ending March 2025.

That figure breaks down as 2.2 million women (9.1%) and 1.5 million men (6.5%). Police recorded 816,493 domestic abuse-related crimes in the same year, and there were 54,987 domestic abuse-related prosecutions, up from 51,183 the year before. The ONS published these figures on 26 November 2025; the next release has not yet been announced.

What else is the government changing for victims?

A new Victim Support helpline has been launched alongside the marker, funded as part of an £18 million support package.

Electronic monitoring is also being expanded, including restriction zones designed to keep the highest-risk offenders away from the people they have harmed. The CPS and the NPCC have launched a joint Domestic Abuse Joint Justice Plan, domestic abuse specialists have been placed in 999 call centres in selected areas, and the Pathfinder pilots in family courts are being expanded.

Where can you get help with domestic abuse?

If you are in immediate danger call 999; in England the National Domestic Abuse Helpline run by Refuge is free, confidential and open 24 hours a day on 0808 2000 247.

Other helplines listed by GOV.UK:

• Scotland — Domestic Abuse and Forced Marriage Helpline, 0800 027 1234;
• Wales — Live Fear Free, 0808 80 10 100;
• Northern Ireland — Domestic and Sexual Abuse Helpline, 0808 802 1414;
• UK-wide, for male victims — Men's Advice Line, 0808 801 0327;
• Victim Support, 24/7 — 0808 168 9111.

The free Bright Sky app also offers guidance, and Safe Spaces — private rooms where you can make a call and find support details — are available in Boots, Superdrug and Well pharmacies, Morrisons stores and TSB branches.

Can you check a partner's history of abuse?

Yes — under the Domestic Violence Disclosure Scheme, known as Clare's Law, you can ask the police to check whether a current, former or new partner has an abusive past.

You can make the request at a police station, by phone, by email or online. If records show you may be at risk, police will consider making a disclosure, which can be made where it is legal, proportionate and necessary. You can also apply on behalf of a friend or relative. Separately, a court can grant an injunction or a Domestic Abuse Protection Order to protect you or your child.

Read next

How the criminal courts work and what is being changed right now — see our explainer on the Courts Bill and jury trials. What to do if you are arrested and when a free solicitor is available — your rights on arrest. On police powers in the street — stop and search: your rights. If divorce and children are involved, see divorce in England: costs and myths.