New Domestic Abuse Listing Guidance to Introduce Expedited Court Pathway from January 2027

The Courts and Tribunals Judiciary has published new Best Listing Practice Guidance for domestic abuse cases, setting out an expedited route for the listing and management of suitable cases in the criminal courts of England and Wales. The guidance was announced on 2 November 2026 and is due to take effect for qualifying cases from 4 January 2027.

What has the Judiciary published?

The new document, titled Domestic Abuse Best Listing Practices Guidance, establishes a Best Listing Scheme for suitable domestic abuse cases. It is intended to support a more consistent approach to the progression of these cases across the Magistrates’ courts and the Crown Court.

The Judiciary says the Scheme operates within the National Listing Framework. It builds on existing court processes rather than replacing the wider framework for criminal case listing. The stated focus is on early identification, effective preparation and robust case management.

The announcement describes the Scheme as a dedicated pathway intended to help cases move through the courts more efficiently while maintaining the requirements of fairness and safety.

How will the Scheme work?

The Scheme provides an expedited listing and case-management pathway for domestic abuse cases considered suitable for inclusion. It is designed to operate across both levels of the criminal courts identified in the guidance: the Magistrates’ courts and the Crown Court.

The guidance places emphasis on identifying suitable cases at an early stage, preparing them effectively and managing their progress robustly. This approach is intended to reduce avoidable delay and provide greater certainty for the people involved in proceedings.

Importantly, inclusion in the Scheme does not itself determine a case’s Priority Tier. The Judiciary’s guidance states that the Priority Tier must continue to be decided in accordance with the Practice Direction on Listing in the Criminal Courts. The Scheme therefore operates alongside the existing rules governing prioritisation and listing decisions.

When does the guidance apply?

The guidance was published on 2 November 2026, ahead of the Scheme’s commencement on 4 January 2027. It will apply to all cases falling within the Scheme that are charged on or after that date.

  • The Judiciary publishes the new Domestic Abuse Best Listing Practice Guidance.
  • The Scheme is due to come into effect for qualifying cases charged on or after this date.

The commencement date is significant for practitioners and criminal justice agencies preparing for implementation. The published announcement does not state that the Scheme will retrospectively apply to every domestic abuse case already in the court system.

Why is the guidance being introduced?

The Judiciary says the Scheme is intended to reduce avoidable delay, provide greater certainty for victims and defendants, and support the fair, safe and timely resolution of cases. These aims reflect the particular importance of effective case progression in domestic abuse proceedings.

The guidance also recognises that consistent case management depends on coordination across the criminal justice system. The Judiciary identifies collaboration between the judiciary, HM Courts and Tribunals Service (HMCTS), the Crown Prosecution Service (CPS), police, probation and legal practitioners as central to the approach.

“Domestic abuse cases require careful and effective case management.”

— The Rt Hon the Baroness Carr of Walton-on-the-Hill, Lady Chief Justice of England and Wales

In her statement accompanying publication, the Lady Chief Justice said the guidance would support a more consistent approach to listing and progressing suitable cases, helping to reduce avoidable delay and provide greater certainty for complainants, victims and defendants. She also acknowledged those across the criminal justice system who contributed to its development, under the leadership of Mrs Justice Knowles.

What does this mean for practitioners?

Solicitors and other practitioners involved in domestic abuse cases should familiarise themselves with the new guidance ahead of its implementation. The stated emphasis on early identification and effective preparation makes timely case assessment and clear communication with the relevant criminal justice agencies particularly important.

Practitioners should also distinguish between eligibility for the expedited Scheme and the separate decision about a case’s Priority Tier. The Judiciary has expressly confirmed that inclusion in the Scheme does not decide the Priority Tier, which remains governed by the Practice Direction on Listing in the Criminal Courts.

For firms advising complainants, victims or defendants, the practical significance will be the availability of a more structured route for suitable cases, alongside the existing listing framework. The actual effect will depend on the operation of the Scheme and the cooperation of the agencies responsible for progressing cases.

The Judiciary’s publication marks a further step in developing a consistent approach to domestic abuse case management across the criminal courts. The Scheme is due to begin on 4 January 2027.

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Frequently asked questions

What is the Domestic Abuse Best Listing Scheme?

It is an expedited listing and case-management pathway for suitable domestic abuse cases in the Magistrates’ courts and Crown Court in England and Wales.

When does the new guidance come into effect?

The Scheme is due to come into effect on 4 January 2027. The guidance applies to cases falling within the Scheme that are charged on or after that date.

Does inclusion in the Scheme determine a case’s Priority Tier?

No. The Judiciary states that inclusion does not determine the Priority Tier. That decision must continue to be made in accordance with the Practice Direction on Listing in the Criminal Courts.

Which courts will use the Scheme?

The Scheme is intended to support suitable domestic abuse cases across the Magistrates’ courts and the Crown Court in England and Wales.

Which organisations will be involved?

The Judiciary identifies the judiciary, HMCTS, CPS, police, probation and practitioners as key partners in implementing the approach.

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