A consultation looking at whether cowardly domestic killers should receive tougher sentences if they subject their victims to a campaign of coercive and controlling abuse, has been launched by the Lord Chancellor today
Public conversation launched on reforming murder sentencing
Consultation to consider raising starting points for killings with a history of coercive and controlling abuse or with a weapon
Move latest step in Government’s plan to tackle domestic abuse and violence against women and girls
Ministers will also consider whether murderers who use a knife or another weapon already at the crime scene to kill should also face steeper starting points – a change that could result in higher minimum terms in these cases.
Every year, around 90 people – overwhelmingly women – are killed by their current or ex-partner, with most of these murders taking place in the home. And when a weapon is used – often a kitchen knife – it is normally already at the scene.
This means that although weapons are used, these offences generally do not qualify for a higher starting point – with a discrepancy of up to ten years compared with murders where a weapon is taken to the scene.
Lord Chancellor and Justice Secretary Alex Chalk said:
“It is shocking that around 1 in 4 murders are committed by a current or former partner, or relative.
This Government has already gone further than ever to protect women and girls, with tough new protection orders plus laws to ensure abusers and killers spend longer behind bars.
To make sure sentencing policy is meeting the threat, it is right to review this complex landscape so that the scourge of violence against women is tackled as coherently and effectively as possible.
Currently, when a knife or other weapon is taken to the murder scene with intent, the starting point is 25 years. This reflects the increased risk to the public when knives are carried on the streets. Where a knife is used, but not taken to the scene, a 15-year starting point normally applies.
Campaigners on this issue include Carole Gould and Julie Devey, whose daughters Ellie Gould and Poppy Devey Waterhouse were killed by their former partners using knives found in the home.
Justice Minister, Gareth Bacon, said:
For some evil people, murder is the brutal final act of a controlling and coercive relationship with their partner. It is only right we look at whether the sentences for these types of killings reflect this sustained and unacceptable abuse. This consultation builds on the action we are taking to clamp down on domestic homicide, by introducing new laws to punish abusers with longer jail terms, and better protect victims.
The consultation reflects the Government’s determination to ensure the sentencing framework for murder properly punishes perpetrators of this horrific crime, while giving victims’ families the justice they deserve.
In response to Clare Wade’s landmark independent review of sentencing in cases of domestic homicide, the Government has introduced a raft of measures to ensure sentences reflect the seriousness of the crime.
This includes the introduction of new legislation which will make:
“Overkill” and previous controlling or coercive behaviour by the murderer a statutory aggravating factor resulting in longer sentences
A history of controlling or coercive behaviour a mitigating factor where the perpetrator was subject to this behaviour
Killing connected with the end of a relationship a statutory aggravating factor, through the Criminal Justice Bill
The Domestic Homicide Sentence Review was commissioned in 2021 to examine whether the sentencing framework should be reformed to better reflect the seriousness of domestic homicide and to identify options for improvements.
It followed a series of high-profile domestic murders and concerns from the then Victims’ Commissioner and Domestic Abuse Commissioner about how these offences are handled by the justice system.
This is the latest step in the Government’s commitment to be tough to keep the worst offenders locked up.
The Government has already ended the automatic release of sex and terrorist offenders, brought in a minimum 14-year jail term for anyone convicted of serious terror offences and under the new Sentencing Bill, the most horrific murderers will spend the rest of their lives locked up, including for any murder involving sexual or sadistic conduct, while criminals who commit rape and other serious sexual offences will spend every day of their sentence behind bars.
Further Information
Domestic Homicide is normally defined as a death that has occurred as a result of violence, abuse or neglect by a partner, ex-partner, relative or member of the same household.
Serious Crime Act 2015 introduced the criminal offence of controlling or coercive behaviour. Controlling or coercive behaviour can comprise of economic, emotional, or psychological abuse, technology-facilitated domestic abuse, as well as threats, regardless of whether there is also physical or sexual violence or abuse.
The consultation expands on the government’s ongoing work to tackle domestic abuse including:
Quadrupling funding for victim support services compared to 2010, including investment for the recruitment of 300 more Independent Domestic Abuse and Sexual Violence Advisors – bringing the total to 1,000 overall.
Legislating to put controlling or coercive behaviour on a par with physical violence, which will mean offenders sentenced to a year or more imprisonment or a suspended sentence where the custodial term is 12 months or more, will automatically be actively managed by the police, prison and probation services under multi-agency public protection arrangements.
Trialling stricter management of domestic abusers, who could now be fitted with a tag, prevented from going within a certain distance of a victim’s home, and made to attend a behaviour change programme, piloting domestic abuse protection notices and domestic abuse protection orders in three areas in the UK.
Adding violence against women and girls to the Strategic Policing Requirement, which for the first time categorises violence against women and girls as a national threat and sets clear expectations about how this threat should be tackled by police forces.
Strengthening Clare’s Law with new statutory guidance for the police published earlier this year, which reduces the timeframes for police to disclose information about an individual’s violent or abusive behaviour.