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Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021
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Aggravation as to domestic abuse
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15.—(1) It may be specified as an allegation alongside a charge of an offence against a person (“A”) that the offence is aggravated by reason of involving domestic abuse.
(2) An offence as mentioned in subsection (1) does not include the domestic abuse offence (see section 1).
(3) Subsection (4) applies where—
(a)an allegation of aggravation is specified as mentioned in subsection (1), and
(b)the aggravation as well as the charge is proved.
(4) The court must—
(a)state on conviction that the offence is aggravated by reason of involving domestic abuse,
(b)record the conviction in a way that shows that the offence is so aggravated,
(c)in determining the appropriate sentence, treat the fact that the offence is so aggravated as a factor that increases the seriousness of the offence, and
(d)in imposing sentence, explain how the fact that the offence is so aggravated affects the sentence imposed.
(5) However, if—
(a)the charge is proved, but
(b)the aggravation is not proved,
A’s conviction is as if there were no reference to the aggravation alongside the charge.
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