PART 1

Domestic abuse: offence and aggravation
CHAPTER 2

Aggravation as to domestic abuse

Sentencing aggravation

Aggravation as to domestic abuse
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.
S. 15 in operation at 21.2.2022 by S.R. 2022/57, art. 2(o)