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Domestic abuse: overarching principles

s.120 Coroners and Justice Act 2009 · Crown Court, Magistrates

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Sentencing framework

The guideline emphasizes that domestic abuse cases are serious and require careful assessment of the relationship context. The sentence should reflect the seriousness of the offence and incorporate both statutory and non-statutory aggravating factors, such as abuse of trust and victim vulnerability. Courts must prioritize the safety of victims, considering the long-term impacts on them and any children involved.

Court

Crown Court, Magistrates

Aggravating factors

  • ·Abuse of trust and power
  • ·Victim is particularly vulnerable
  • ·Steps taken to prevent the victim reporting an incident
  • ·Steps taken to prevent the victim obtaining assistance
  • ·Victim forced to leave home or exclusion of the offender required for safety
  • ·Impact on children
  • ·Using contact arrangements with a child to instigate an offence
  • ·A proven history of violence or threats by the offender in a domestic context
  • ·A history of disobedience to court orders

Mitigating factors

  • ·Positive good character – generally not relevant in domestic abuse contexts
  • ·Evidence of genuine recognition of the need for change, and evidence of obtaining help or treatment to effect that change

The sentencing process, step by step

  1. Step 1 — determining the offence category
  2. Step 2 — assessing culpability levels
  3. Step 3 — considering aggravating and mitigating factors
  4. Step 4 — determining the initial sentence
  5. Step 5 — considering any sentence discounts or reductions
  6. Step 6 — considering the totality principle

Guideline notes

  • The sentence should primarily reflect the seriousness of the offence and should not be influenced by the victim's wishes. Sentences involving serious violence typically warrant custodial terms.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.