Part 1 U.K. Sentencing

Prospective

Finding of domestic abuse E+W

6 Finding of domestic abuse E+W

(1) In Part 3 of the Sentencing Code (sentencing procedure), after Chapter 5 insert—

“Chapter 6 E+W Finding of domestic abuse

56A Finding of domestic abuse

(1) This section applies if—

(a) a court is passing sentence for an offence, and

(b) the court is of the view that the offence involved domestic abuse carried out by the offender.

(2) The court must, in open court, state that in its view the offence involved domestic abuse carried out by the offender.

(3) This section is without prejudice to any duty imposed on the court by section 59 or 60 to follow sentencing guidelines in dealing with the offender for the offence.

(4) In this section “domestic abuse” has the same meaning as in the Domestic Abuse Act 2021 (see sections 1 and 2 of that Act).”

(2) In the Armed Forces Act 2006, after section 253 insert—

“Finding of domestic abuse E+W

253A Finding of domestic abuse

(1) This section applies if—

(a) a court or officer is passing sentence for a service offence, and

(b) the court or officer is of the view that the offence involved domestic abuse carried out by the offender.

(2) The court or officer must, in open court, state that in the court’s or officer’s view the offence involved domestic abuse carried out by the offender.

(3) In its application to a court, this section is without prejudice to any duty imposed on the court by section 259 to have regard to guidelines in dealing with the offender for the offence.

(4) In this section—

• “domestic abuse” has the same meaning as in the Domestic Abuse Act 2021 (see sections 1 and 2 of that Act);

• “sentence” includes any order made when dealing with the offender in respect of an offence.”

Commencement Information

I1 S. 6 not in force at Royal Assent, see s. 49(1)