New domestic abuse finding at sentencing: what defendants need to know
By Peter Bonner & Co – Criminal Defence Solicitors | Reviewed and approved by Christopher Carter, solicitor | 6 October 2026
A new requirement took effect on 5 October 2026 for criminal courts sentencing an offender whose offence involved domestic abuse. The court must now announce that finding in open court, and the finding must be recorded. For defendants, this makes careful preparation of the factual basis for sentencing particularly important.
What has changed?
Section 6(1) of the Sentencing Act 2026 inserts section 56A into the Sentencing Code. It applies when a court is passing sentence and considers that the offence involved domestic abuse carried out by the offender. The commencement regulations brought this provision into force on 5 October.
The Criminal Procedure Rules incorporate the announcement into sentencing procedures in both the magistrates’ court and Crown Court. They also require a record of the announcement. The Sentencing Council has updated its guidelines to reflect the duty.
This is a judicial finding at sentencing. An allegation or a police or prosecution case flag is not itself the court’s finding under the new provision.
What counts as domestic abuse?
The provision uses the definition in sections 1 and 2 of the Domestic Abuse Act 2021. Broadly, both people must be aged 16 or over and personally connected. That can include current or former partners and relatives; living together is not essential.
Abusive behaviour can include physical or sexual abuse, threats, controlling or coercive behaviour, economic abuse and psychological or emotional abuse. A single incident can qualify. Whether the definition applies depends on the actual circumstances, rather than simply the name of the charge.
Why does the finding matter?
The Ministry of Justice says the court record will be available across police, prison and probation systems to improve identification, risk assessment and offender management. Its purpose includes recognising repeat offending and improving protection for victims.
The new provision does not create an additional criminal offence or an automatic extra penalty. Domestic abuse was already relevant to sentencing, and the court must still apply the appropriate guidelines. The important change is that the court’s conclusion is now formally announced and recorded in a consistent way.
Preparing for a plea and sentence
A defendant considering a guilty plea should understand exactly what conduct is being admitted. Accepting responsibility for an offence does not always mean accepting every detail in the prosecution’s account. Any genuine disagreement needs to be identified and addressed through the proper procedure before sentence.
The CPS guidance says an agreed basis of plea should be written down and signed by prosecution and defence. Where disputed facts would significantly affect sentence, a Newton hearing may be needed: a hearing at which the court considers evidence to resolve that dispute. The appropriate approach requires advice on the individual case.
As a practical consequence of this change, defendants should give their solicitor the relevant messages, documents and chronology, explain any disputed account clearly, and check that the plea, sentencing submissions and court record accurately reflect the case. Evidence should be preserved in its original form. A defendant must continue to comply with bail conditions and any protective orders; disagreements should be raised through their lawyer.
Peter Bonner & Co advises on criminal allegations, pleas and sentencing in England and Wales. If you face an allegation involving a partner, former partner or family member, obtain advice before deciding how to plead or responding to disputed sentencing facts. Find out about private defence representation or contact Peter Bonner & Co.
This article provides general information about the law in England and Wales as at 6 October 2026. It is not legal advice and does not predict the outcome of any case. Advice should be obtained on your individual circumstances.