Domestic Homicide Sentencing Review and government response
The Domestic Homicide Sentencing Review undertaken by independent reviewer Clare Wade KC and the government response.
Applies to England and Wales
About the Domestic Homicide Sentencing Review
The government commissioned an independent expert, Clare Wade KC, to review sentencing in domestic homicide cases to establish whether current law and sentencing guidelines are fit for purpose and identify options for reform.
The Domestic Homicide Sentencing Review was published in March 2023 alongside an interim response. The full government response was published in July 2023, announcing a package of proposed reforms to change the law so that sentencing reflects the seriousness of domestic homicides.
Domestic Homicide Sentencing Review
The government published the independent Domestic Homicide Sentencing Review undertaken by Clare Wade KC on 17 March 2023.
Government response to the Domestic Homicide Sentencing Review
The government published its full response to the independent Domestic Homicide Sentencing Review undertaken by Clare Wade KC on 20 July 2023. The package of measures in the full response include:
- Legislative changes to give domestic murders specialist consideration in the sentencing framework for murder:
- A history of controlling or coercive behaviour by the perpetrator against the victim will be made a statutory aggravating factor for murder.
- A history of controlling or coercive behaviour by the victim against the perpetrator will be made a statutory mitigating factor for murder.
- Violence which amounts to overkill will be made a statutory aggravating factor for murder.
- Murders which take place at the end of the relationship or when the victim has expressed a desire to leave the relationship will be made a statutory aggravating factor for murder.
- The Lord Chancellor will write to the Sentencing Council for England and Wales, proposing that they revise their guidelines in light of both the Review and the Government’s response to its recommendations.
- The Law Commission will be invited to undertake a review of the use of defences in domestic homicide cases
- The new Domestic Homicide Library launched by the Home Office will enable greater analysis of patterns, trends, and risk factors.
- The Crown Prosecution Service will continue to work with partners and improve mandatory training on understanding controlling and coercive behaviour.
- A public consultation will be launched later this year seeking views on whether there should be a starting point of 25 years for cases of murder preceded by controlling or coercive behaviour. This consultation will also further explore the sentencing starting point for murders committed with a knife or other weapon which was already at the scene.
Written Ministerial Statement regarding the full government response to the Domestic Homicide Sentencing Review
The Lord Chancellor made a written statement to Parliament alongside publication of the full government response to the Domestic Homicide Sentencing Review on 20 July 2023. The statement announced the publication of the full government response to the Review and a package of proposed reforms the government will take forward so that sentencing reflects the seriousness of domestic homicides.
Written Ministerial Statement regarding the interim response to the Domestic Homicide Sentencing Review
The Deputy Prime Minister made a written statement to Parliament alongside publication of the Domestic Homicide Sentencing Review on 17 March 2023.
Initial Case Review
The initial Case Review looked in detail at a sample of domestic homicide cases and was used to inform Clare Wade KC’s Domestic Homicide Sentencing Review.
Terms of Reference
Last updated 3 August 2023 + show all updates
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Welsh translation of government response published.
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Government response published.
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Welsh translation added and Initial Case Review updated.
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First published.