Domestic Abuse Offences

Warinder Juss Excerpts

Monday 17th March 2025 Commons Chamber

[Josh Babarinde]

The hon. Member is absolutely right that domestic abuse is more than just an act; it is a campaign—a campaign of abuse, of misery and of an abuse of power by one or more people against another, and that is what makes it so difficult to convict.

There are so many areas in which the law could do better, and I was speaking about the early release scheme as an example. The scheme would release folks who had served 40% of their sentence rather than 50%. The Government nobly made a commitment to survivors that they would do everything possible to exclude domestic abusers from being released early under the SDS40 scheme, recognising that it can be super-destabilising for survivors, who need to prepare for when their abuser is back in society, their community and their neighbourhood.

Unfortunately, we know many domestic abusers were released early under the SDS40 scheme. That happened because the only way someone can be excluded from, or included in, an early release scheme is on the basis of the offence they have committed—something the Justice Secretary has confirmed—and not on the basis of anything else we might know about their behaviour. The problem is there is no specific offence of domestic abuse in the law. We therefore cannot properly exclude those people from an early release scheme, if that is something we are committing to those survivors.

Instead, we know domestic abusers are often convicted of actual bodily harm, assault or battery. Those offences were criminalised by an Act written in 1861—the Offences against the Person Act—that was not written with domestic abuse in mind. As a result, so many domestic abusers are falling through the cracks, and so many victims and survivors do not get the justice or recognition they deserve.

[Warinder Juss (Wolverhampton West) (Lab)]

I congratulate the hon. Gentleman, a Justice Committee colleague, on securing this debate. Victims of domestic violence are often women. Does he believe we would likely give domestic violence more attention if it were classified as domestic abuse? Does he think that might make a difference in giving more attention to domestic violence cases?

[Josh Babarinde]

I thank my Justice Committee colleague for his intervention. Of course, domestic violence is a form of domestic abuse, but we must remember that domestic abuse covers so many different kinds of activity, including emotional abuse, financial abuse, physical abuse and sexual abuse. It is critical that we recognise them all, because all too often there is disproportionate recognition of, say, physical violence, but some of the more hidden forms of abuse are just as damaging to victims and survivors.