Crime and Policing Bill

Josh Babarinde Excerpts

2nd reading
Monday 10th March 2025 Commons Chamber

[Josh Babarinde (Eastbourne) (LD)]

I will use my time to talk about domestic abuse. My mum and I know all too well what domestic abuse looks like, but I am sorry to say that the law does not go far enough to recognise that crime. Currently, there is no specific offence of domestic abuse in the law, which leaves many survivors without the respect and protection that they deserve. Instead, many domestic abusers are convicted of offences such as actual bodily harm, grievous bodily harm, assault or battery that do not reflect the full gravity of the crime. Someone could be convicted of ABH for domestic abuse, but they could also be convicted of ABH for a brawl in a pub with a stranger they had not met before.

The Domestic Abuse Act 2021 went some way towards recognising domestic abuse in the law. It defined it formally and created a number of offences, such as coercive and controlling behaviour, but it did not provide a specific offence of domestic abuse, leading to all sorts of problems. For example, the Government’s early release scheme, which they had to implement in light of the state that the last Government left our prisons in, let out as many as 3,000 people early. The Government made a commitment to try to exclude domestic abusers from being released early, but it was not possible to comprehensively do that, in the words of the Lord Chancellor and Secretary of State for Justice, the right hon. Member for Birmingham Ladywood (Shabana Mahmood), because people can be excluded from early release only on the basis of the offence that they committed and nothing else. Well, there is no offence of domestic abuse in the law, so many domestic abusers—people who were convicted of ABH, say—were released early.

One survivor affected by that situation is Elizabeth Hudson. Her abuser, her ex-husband, held a knife to her throat, among many other terrible incidents at home. He was convicted of actual bodily harm, and he qualified for early release under the standard determinate sentences 40% scheme. Were we to create a specific offence of domestic abuse, we could exclude those people from such a scheme. Specifically, if we created an offence of domestic abuse-aggravated GBH, ABH, assault, battery, criminal damage or whatever it may be, in exactly the same way that we have racially and religiously aggravated hate crimes, we would be able to protect survivors.

Another advantage of being able to recognise domestic abuse in that way—which this legislation, in all its 106,220 words, does not yet do—is that we could properly cohort those individuals. I asked the Ministry of Justice how many domestic abusers are in prison at the moment and what their reoffending rate is. That is very simple and basic. The response was:

“It is not possible to robustly calculate the number of domestic abusers in prison or their reoffending rate. This is because these crimes are recorded under the specific offences for which they are prosecuted”—

that is, there is no specific offence of domestic abuse to convict those people of. In the light of those challenges, the likes of Refuge, ManKind, Women’s Aid and many more organisations—whether it is lawyers, academics or survivors themselves—are backing my proposals to create a set of domestic abuse-aggravated offences in the law.

I also extend my thanks to those Members on the Government Benches who have privately written to me to express their support for the proposals that I am championing and for proposals that I hope the Government will accept in their Crime and Policing Bill throughout its passage. We need to ensure that we properly respect and protect survivors in Eastbourne and beyond, and I hope that Members across this House will work with me to help to make that a reality—my door is always open.