Judges must record domestic abuse in court under new rules

New rules will require judges to formally record when an offence involves domestic abuse, the first time such information has had to be noted in court. The change is the latest part of the government's plan to protect women and girls.

The rule means that when someone is convicted of offences such as assault, criminal damage or stalking, the court record will show whether the offence was domestic abuse related. Previously, that context was not necessarily known. Supporters say the change will allow different agencies to see perpetrators more clearly and improve the response to protecting victims.

In an interview, the Victims' Commissioner for London said the recording would follow an offender through the justice system. He said that if someone is prosecuted for assault, criminal damage or stalking, agencies should know that they are a domestic abuser, which could lead to better protections for victims after the offender leaves prison.

He said domestic abuse is very common, and one in four people will be a victim. He also said that over three-quarters of people who report domestic abuse to the police have their case taken no further, and that prosecution numbers are low. In his view, the justice system has to do much better.

Asked if the change would encourage victims to come forward, he said he hoped it would, because it showed the justice system was taking domestic abuse more seriously. But he said it was only one tool. More work was needed, including better training for police, prosecutors and judges so they can spot, understand and identify domestic abusers.

He explained that the rule had not existed before because there is no single offence of domestic abuse. Abusive behaviour can include:

• coercive and controlling behaviour
• physical assault
• economic abuse

He said the new recording should help the justice system identify these different behaviours more clearly.

The interview also covered the government's early release scheme. The commissioner said domestic abuse had not been included in the restrictions that exclude some offences from early release, leaving many victims worried about their safety. He said restrictions could be placed on perpetrators, and the government has said some offenders will be subject to tagging and restriction zones. But he warned that police and probation services are stretched, so monitoring and enforcement of such orders may not be as effective as it should be.