PART 1

Domestic abuse: offence and aggravation
CHAPTER 1

Offence of domestic abuse

Aggravating factors

Aggravation where relevant child is involved
9
1
It may be specified as an allegation alongside a charge of the domestic abuse offence against a person (“A”) that the offence is aggravated by reason of involving a relevant child.
2
For the purposes of subsection (1), the domestic abuse offence is aggravated by reason of involving a relevant child if (any or all)—
a
at any time in the commission of the offence—
i
A directed, or threatened to direct, behaviour at the child, or
ii
A made use of the child in directing behaviour at B, or
b
the child saw or heard, or was present during, an incident of behaviour which A directed at B as part of the course of behaviour, or
c
a reasonable person would consider the course of behaviour, or an incident of A’s behaviour that forms part of the course of behaviour, to be likely to adversely affect the child.
3
For it to be proved that the offence is so aggravated, there does not need to be evidence that a child—
a
has ever had any awareness or understanding of A’s behaviour, or
b
has ever been adversely affected by A’s behaviour.
4
Nothing in this section prevents evidence from being led about—
a
a child’s observations of, or feelings as to, A’s behaviour, or
b
a child’s situation so far as arising because of A’s behaviour.
5
Subsection (6) 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.
6
The court must—
a
state on conviction that the offence is aggravated by reason of involving a relevant child,
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.
7
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.
8
In this section—
a
“relevant child” means a person under 18 years of age who is not A or B,
b
“B” is the person in relation to whom the offence is alleged to have been committed.