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.