Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2025

Lord Sandhurst Excerpts

Monday 8th September 2025 Grand Committee

[Lord Marks of Henley-on-Thames (LD)]

My Lords, in considering this instrument, I once again express our gratitude to the Minister for the way in which he set out the justification for the instrument and its background, particularly the fact that the Law Commission review will take some time to happen. I thank the noble and learned Lord, Lord Phillips, for the careful consideration that he has given to this and for his expression of concern at the effect that adding these two aggravating factors could have on sentencing.

It has been explained that the instrument adds two statutory aggravating factors to Schedule 21 for judges to consider when imposing a minimum term for murder. The first is when the murder is connected with either the actual or intended end of an intimate relationship, while the second is when the murder involves strangulation, suffocation or asphyxiation. As the Explanatory Memorandum points out, judges will of course be entitled to consider all factors and take all factors into account when sentencing for murder. Those will include anyway the fact that a relationship is coercive or controlling and the degree to which the murder reflects the coercion or control—in this case, generally by a man over a woman.

I know that we all welcome the further Law Commission review that is promised, but it is a fact that these reviews take a considerable amount of time; that is inevitably the result of the care that the Law Commission gives to such considerations.

In one sense, this instrument does very little. I note the noble and learned Lord’s concern that the changes will lead to significantly increased sentences. One can see that a statutory aggravating factor does have that effect—and that is the intended effect. However, how far sentences would be increased is not capable of assessment; neither is there any clear evidence of how far such sentences will be increased because of an aggravating factor.

The facts are that the social background against which this instrument is presented is that coercive control is now recognised far more widely than it used to be; and that the effects of factors such as those mentioned in this instrument are more widely recognised and taken more seriously. So I hope that the noble and learned Lord’s concern that the changes will lead to significantly increased sentences proves unfounded, not in the sense that there should not be a recognition of aggravating factors but in the sense that such aggravating factors are increasingly recognised by judges in any event.

The two factors added by this instrument around coercive relationships were particularly important, as has been said, in influencing the 2023 review of domestic homicide sentencing by Clare Wade KC and in framing her recommendations. In the domestic abuse context, which is the context we are considering, they are particularly significant. They are also significant in the light of the Government’s stated determination, on which they are plainly acting, to halve violence against women and girls, which is a major ambition.

The first change recognises that actual or threatened relationship breakdown can, and often does, play a role in promoting extreme domestic violence. I accept that the extent of deterrence that follows from that is uncertain, but it sends an important signal to the potential perpetrators of domestic violence about the effect of coercive control.

The second change recognises the particular significance of strangulation, suffocation or asphyxiation in domestic violence, particularly by men on women. We recognised that during the passage of what is now the Domestic Abuse Act 2021, when I, along with the Government, signed a cross-party amendment to introduce the new offence of non-fatal strangulation. In the debates on the then Bill, we took account of a great deal of evidence of the high incidence of strangulation in domestic violence cases, as well as of the distressing fact that so many cases where non-fatal strangulation occurs ultimately lead to the perpetrator escalating that violence to, ultimately, fatal violence and murder.

The fact is, therefore, that judges will continue to weigh up all relevant factors in assessing minimum terms of imprisonment to be served by those sentenced to life for murder. There is merit in highlighting these two factors because they can only send an important signal to the actual and potential perpetrators of domestic violence—and, indeed, to the victims of such domestic violence because, of course, victims are often frightened out of reporting domestic violence even when it is an attempt at strangulation. The evidence that that can escalate to murder in due course is important; it is important that potential victims, as well as potential perpetrators, should know of that signal. In my view, that is a powerful reason for supporting this instrument.

[Lord Sandhurst (Con)]

My Lords, this statutory instrument amends Schedule 21 to the Sentencing Act 2020. These regulations implement key recommendations from the Domestic Homicide Sentencing Review led by Clare Wade KC and mark an important step forward in how our legal system treats cases of murder that involve domestic abuse. They are welcome, and I say that notwithstanding the concern that they may add to the prison population, as explained by the noble and learned Lord, Lord Phillips.

The instrument introduces two new statutory aggravating features in determining the minimum term for murder: first, where the offender is engaged in controlling or coercive behaviour towards the victim; and, secondly, where the murder has involved sustained and excessive violence, sometimes referred to, in depressing jargon, as “overkill”. By contrast, importantly, it conversely explains a new mitigating factor, putting it on a statutory basis. It recognises that an offender’s culpability may be reduced where the victim has engaged in controlling or coercive behaviour towards the offender.

These additions reflect a long-overdue evolution in the way the criminal courts have recognised domestic abuse. The Domestic Abuse Act 2021 broadened our understanding of harm so that it embraced emotional, psychological and economic abuse, but, until now, the sentencing framework for murder has not fully reflected the complex dynamics that can exist in abusive relationships, whether in the context of the abuse suffered by victims before their death or the potential impact of long-term abuse on an offender’s culpability.

We on this side welcome the Government’s decision to bring forward these changes promptly—that is, ahead of the Law Commission’s broader review of homicide. These changes send a clear message: domestic murders are not isolated or inexplicable acts but, often, the tragic endpoint of long-standing abuse.

However, I note the concerns raised by the Sentencing Council, particularly around the interaction between new statutory factors and the existing, established judicial discretion to take such behaviour into account. The council has rightly warned that codifying these factors may risk creating ambiguity or inconsistency in sentencing, particularly if guidance in respect of it is not clear. There is also a risk that difficult evidential issues—in determining, for example, whether a relationship was “intimate” or whether coercive control occurred—could inadvertently complicate proceedings or place additional burdens on the families of victims or on prosecutors.

To mitigate this, we urge the Government to ensure that clear and robust sentencing guidelines are published alongside, and at the same time as, these changes; that the Government provide training for judges and practitioners to apply the new factors consistently; and that there is a commitment to monitor the impact of these amendments, particularly on the outcomes of trials and sentence lengths in domestic homicide cases.

To conclude, subject to those caveats, these regulations are positive, necessary and a welcome reform. They better align our sentencing framework with the reality of domestic abuse and send a strong signal that such crimes will be treated with the seriousness they deserve. I commend the regulations to the Committee.