Criminal courts must now formally identify domestic abuse within offending, creating a new record designed to give police, prisons and probation services a clearer picture of perpetrators and the risks they may pose to victims.
What is changing for criminal courts?
New measures brought into force on 5 October 2026 require criminal courts to make a Judicial Finding of Domestic Abuse where an offence involved domestic abuse carried out by the offender. The finding is recorded as a formal court result at the point of sentencing.
Domestic abuse can already operate as an aggravating factor in offences including assault and stalking. The Ministry of Justice says, however, that there has previously been no consistent way of recording that context once an offender has been convicted.
The new system is intended to create a single and identifiable record that can follow the offender through the criminal justice system rather than leaving agencies to identify the domestic abuse context from separate case information.
| Previous position | New position |
|---|---|
| No consistent court marker after conviction identifying domestic abuse as part of the offending. | A formal judicial finding is recorded as part of the sentencing outcome. |
| Risk information could be harder to identify across different criminal justice agencies. | The finding can be shared across relevant police, prison and probation systems. |
Why does the new finding matter?
The Ministry of Justice says the absence of a consistent marker made it harder for agencies to identify abusers, manage the risks associated with their behaviour and recognise patterns of repeat offending.
The new finding is intended to address that gap by making the domestic abuse context more visible to professionals dealing with an offender after sentence. It should also help agencies determine whether interventions need to be tailored to abusive behaviour.
“This marks a step change in our ability to track domestic abuse perpetrators through the criminal justice system.”
— Dame Nicole Jacobs, Domestic Abuse Commissioner
The reform is part of the government’s wider programme aimed at improving outcomes for victims and survivors and supporting its commitment to halve violence against women and girls.
Who will use the information?
The court flags will be shared with relevant partners and agencies and will be visible on digital systems used by police, probation and prison services.
| Agency | Purpose |
|---|---|
| Police | Provide a clearer picture of an offender’s history and support risk assessment. |
| Probation | Support offender management and identification of risks associated with domestic abuse. |
| Prisons | Improve visibility of domestic abuse history when managing offenders in custody. |
The government says this shared information should help frontline professionals identify repeat domestic abuse offenders and respond to risks more effectively.
What other victim-protection measures are being introduced?
The judicial finding forms part of a wider package of measures relating to domestic abuse and victim protection. These include a new Victim Support helpline funded through an £18 million support package and an expansion of electronic monitoring.
The government also says electronic monitoring is being expanded to include restriction zones intended to prevent the highest-risk offenders from entering areas associated with people they have harmed.
- The Judicial Finding of Domestic Abuse comes into force, requiring criminal courts to formally record domestic abuse where it formed part of the offending.
- The finding becomes part of the criminal justice information available to relevant police, prison and probation agencies.
- The government continues work on electronic monitoring, Domestic Abuse Protection Orders, specialist support and other measures intended to strengthen protection for victims and survivors.
Other measures identified by the Ministry of Justice include domestic abuse specialists in selected 999 call centres, improved access to civil legal aid for domestic abuse victims and the expansion of Pathfinder pilots in family courts.
The government is also considering whether specialist domestic abuse courts should be expanded.
What does the change mean for practitioners?
For criminal practitioners, the principal change is the creation of a formal judicial record where domestic abuse formed part of the offending. The finding is not a separate civil process: the Ministry of Justice states that it applies only in the Criminal Court and is recorded at sentencing.
The reform may also have practical significance beyond the sentencing hearing because the information can subsequently be used by agencies responsible for offender management and risk assessment.
For solicitors advising defendants, victims or other parties in domestic abuse-related criminal proceedings, the new finding adds an important element to the sentencing record and the information that may subsequently be available across the criminal justice system.
The wider policy objective is to ensure that domestic abuse is not treated as an isolated feature of an individual prosecution where it may form part of a broader pattern of behaviour.
Frequently asked questions
What is the Judicial Finding of Domestic Abuse?
It is a formal court finding recorded at sentencing when an offence involved domestic abuse carried out by the offender. It was introduced by the Sentencing Act 2026 and incorporated into the Criminal Procedure Rules.
When did the new domestic abuse finding come into force?
The measures came into force on 5 October 2026.
Does the finding apply in civil or family courts?
No. The Ministry of Justice states that the Judicial Finding of Domestic Abuse applies only in the Criminal Court.
Who can see the domestic abuse marker?
The finding can be shared with relevant partners and agencies and will be visible on police, probation and prison digital systems.
Why has the government introduced the new finding?
The stated aim is to make domestic abuse easier to identify across the criminal justice system, improve risk management, identify repeat offending and support more tailored interventions for perpetrators.