Controlling ex-partners who lash out at the end of their relationship will face longer than ever behind bars under new government plans to tackle domestic homicide
The change, announced by the Lord Chancellor, is part of a wide-ranging response to Clare Wade KC’s Domestic Homicide Sentencing Review published today (20 July 2023) which will overhaul the law to better protect vulnerable women.
Building on measures already announced in the interim response in March, today’s reforms will create a new aggravating factor for murder at the end of a relationship while also introducing a mitigating factor in cases where the perpetrator has been subjected to a campaign of controlling behaviour before lashing out against their abuser.
Research shows that around one in four homicides are committed by a current or former partner or relative. Recognising the complex nature of murder sentencing, Ministers will also expand a planned consultation on a 25-year starting point for domestic murders with a history of controlling or coercive behaviour to include murders using a knife or other weapon found at the scene.
This will seek the public’s views on the current difference between sentences for murder where a knife is brought to the scene compared, for example, to one already in the home.
Lord Chancellor and Justice Secretary, Alex Chalk KC, said:
To further ensure the law is working to provide justice the government will ask the Law Commission to review the use of defences in domestic homicide cases. This will look at whether the gender of the defendant impacts how successful these defences are – with the Wade Review suggesting that female defendants are less successful than men. This includes examining the partial defences of “loss of control” and “diminished responsibility” and whether the law adequately considers circumstances where a victim of domestic abuse acts in self-defence.
The list of measures in the full government response to Clare Wade’s review into domestic homicide sentencing includes:
Justice Minister, Edward Argar, said:
Of the murder cases reviewed by Clare Wade KC over half (51 per cent) involved controlling or coercive behaviour while excessive violence, or overkill, was identified in 60 per cent, with men being the perpetrator in all but one case. Nearly half (48 per cent) were caused in part by feelings of jealousy or resentment at the end of the relationship.
Legislation to implement these changes to the sentencing framework will be laid as soon as parliamentary time allows. The consultation on a new 25-year starting point for domestic murders preceded by coercive or controlling behaviour and to further explore the sentencing for murders committed with a knife or other weapon already at the scene and murders where the weapon is brought to the scene will take place later this.
Domestic Abuse Commissioner, Nicole Jacobs, said:
Notes to Editors
The measures announced today expand on the government’s ongoing work to tackle domestic abuse including: