South Devon MP backs bill to close domestic abuse sentencing loophole

Caroline Voaden, MP for South Devon, has co-sponsored a new private members’ bill, which, if passed, will establish a new set of offences for domestic abuse. 

Currently, no specific offence for domestic abuse exists. While the Domestic Abuse Act of 2021 defined domestic abuse, domestic abusers are currently convicted of general offences such as ‘common assault’ or for ‘ABH.’ This means that many abusers are eligible for the government’s early release scheme. 

This bill, proposed by MP Josh Babarinde, would close this loophole and ensure that those guilty of domestic abuse are properly labelled. This would work in the same way as racially and religiously aggravated offences, which are legislated for under the Crime and Disorder Act 1998. 

Under this bill, domestic abusers who are currently convicted of common assault, for example, would now be convicted of ‘domestically aggravated common assault,’ in a similar way to racially or religiously aggravated assaults. 

Preparators of these offences could then be excluded from an early release scheme, and institutions—such as future employers undertaking DBS checks—could have instant visibility of the context of any office to help them manage risk. 

This bill comes five months after the UK government announced the SDS40 early release scheme, designed to ease pressure on capacity in the prison system. Under this scheme, a person will be automatically released on license after they have served 40 per cent of an eligible sentence, rather than 50 per cent.

The rate of men’s fatal violence against women in the UK has not shown a tangible decline since 2009, with the number killed hovering between 124 and 168 per year. 

Commenting on the bill, Caroline Voaden, MP for South Devon, says: “Organisations like Women’s Aid and Refuge have all sounded the alarm about the potential of the government’s SDS40 early release scheme leading to domestic abusers being back out on the street. Yet no steps have been taken to close this loophole. 

“Femicide is an epidemic that’s been raging in this country for decades now. It’s urgent we do all we can to protect survivors and women from risk. It’s frankly staggering that a law that reflects the wicked nature of domestic abusers’ crimes does not currently exist—I hope Josh’s bill, which I’m proud to co-sponsor, will end this.”