Under the plans, published last week, a history of coercive or controlling behaviour against the victim or the use of excessive or gratuitous violence would become an aggravating factor in sentencing decisions. The Ministry of Justice will launch a public consultation in the summer on whether a higher sentencing starting point of 25 years should apply to such cases, bringing them in line with murders where a knife has been taken to the scene with intent.
The plans follow the recommendations of Clare Wade KC, who chaired the Domestic Homicide Sentence Review, which was commissioned in 2021 following the murders of Ellie Gould and Poppy Devey-Waterhouse. Wade’s review found the current sentencing framework does not adequately reflect that many domestic homicides are preceded by years of abuse.
Justice minister Edward Argar said: ‘Julie Devey and Carole Gould have campaigned bravely and tirelessly after the awful killing of their daughters, Poppy and Ellie, and the government is determined to see an end to murders and violence by abusive partners.
‘No one should ever feel unsafe in their own home, and we will continue working with Julie and Carole and others to make further progress in tackling the dreadful crime of domestic abuse.’
The Sentencing Council has a statutory duty to consider proposals made by the Lord Chancellor on guidelines.
About one in four (26%) homicides in England and Wales are committed by a current or former partner or relative. Of the murder cases reviewed by Wade, 51% involved controlling or coercive behaviour while excessive violence, or overkill, was identified in 60%, with men being the perpetrator in all but one case.
The government has also asked the Sentencing Council to review the manslaughter sentencing guidelines with a view to introducing longer sentences where the defendant alleges ‘rough sex’ was involved.
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