New court marker to track domestic abusers for first time
From today, British courts will for the first time formally record when an offence involved domestic abuse, a change that will allow police, prisons and probation services to identify and manage dangerous perpetrators more effectively.
The new measure, which came into force on Monday, October 5, requires judges to state in open court when domestic abuse was a factor in an offence. This creates a single, clear court record that can be shared across the criminal justice system, closing a loophole that has long allowed serial abusers to slip through the net unnoticed.
Why has this change been needed?
Domestic abuse has long been recognised as an aggravating factor in offences such as assault and stalking, but there has been no consistent way to record this once an offender is convicted. This has made it harder to identify abusers, manage the risks they pose and spot patterns of repeat offending.
The Ministry of Justice says the new marker will enable more tailored interventions to address abusive behaviour, ensuring perpetrators are properly identified and managed by frontline staff.
What do ministers and campaigners say?
Alex Davies-Jones, Minister for Victims and Tackling Violence Against Women and Girls, said the change was an important step towards better identifying dangerous perpetrators and delivering on the Government's commitment to halve violence against women and girls.
Too many victims have suffered because patterns of abusive behaviour have not always been recognised across the justice system.
Dame Nicole Jacobs, the Domestic Abuse Commissioner, welcomed the move as a step change in tracking perpetrators, something she has long called for. She said it would give a clearer picture of how pervasive domestic abuse is within the justice system, which is crucial if victims are to be better protected.
How will offenders be tracked?
Court flags will be shared with relevant partners and agencies, and will be visible on police, probation and prison digital systems. This will give frontline staff a clearer picture of an offender's history, helping them assess risk and better identify repeat domestic abuse offenders.
The change is part of a wider package of measures to protect victims, including a new Victim Support helpline funded by an £18 million support package. The Prime Minister has also blocked offenders convicted of rape, serious child sexual offences and grooming from benefiting from upcoming sentencing changes.
Electronic monitoring is being expanded, including world-first restriction zones designed to keep the highest-risk offenders away from those they have harmed.
What does this mean for the justice system?
This is a pragmatic, common-sense reform that ensures the justice system speaks with one voice when it comes to domestic abuse. For too long, the lack of a consistent record has allowed abusers to hide in plain sight, moving between offences without their history following them.
By creating a single, clear marker, the courts are finally giving law enforcement the tools they need to protect the vulnerable and hold perpetrators to account. It is a welcome step, though one must ask why it has taken so long to implement such an obvious measure.
Frequently asked questions
What is the new domestic abuse court marker?
The new marker is a formal court record, made in open court, stating when an offence involved domestic abuse. It will be shared across police, probation and prison systems to help identify and manage perpetrators.
When did the change come into force?
The change came into force on Monday, October 5.
Who will benefit from this change?
Victims and survivors of domestic abuse will benefit, as the marker will help authorities identify dangerous perpetrators and provide tailored interventions to address abusive behaviour.