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A flag on the file: why courts must now say it out loud

Qurexa Editorial Team8 October 20266 min read 0 0
A flag on the file: why courts must now say it out loud

What happened

On Monday 5 October 2026 new measures came into force requiring courts in England and Wales to make a formal record when domestic abuse was a factor in an offence. Domestic abuse has long been treated as an aggravating factor in sentencing for a wide range of offences, such as assault or stalking. An aggravating factor is something that makes an offence more serious and can increase the sentence. But until now there was no consistent way to record it once someone was convicted. The context could be argued in court and then effectively disappear from the paperwork. Under the new measures, courts must state in open court when an offence involved domestic abuse. That creates, for the first time, a single clear court record that can be shared across the criminal justice system. Those flags will be shared with relevant partners and agencies, and will be visible on police, probation and prison digital systems. The change comes from the Sentencing Act, following the Independent Sentencing Review. It is part of the government's stated mission to halve violence against women and girls.

Why this matters

Domestic abuse is rarely a single incident. It is usually a pattern. And patterns only become visible if someone is writing things down in a way others can read. Without a consistent flag, a person could be convicted of assault in one area, breach an order in another, and be dealt with for harassment in a third, with each case looking like an isolated event to whoever picked up the file next. The Ministry of Justice says this made it harder to identify abusers, manage the risk they pose and spot repeat offending. That has very practical consequences. A probation officer deciding on supervision, a prison deciding on an intervention programme, or a police officer answering a call to an address, all make better decisions when they can see the history. Dame Nicole Jacobs, the Domestic Abuse Commissioner, called it "a step change in our ability to track domestic abuse perpetrators through the criminal justice system - something I have long called for". Andrea Simon, London's Victims' Commissioner and a panel member of the Independent Sentencing Review, linked it directly to early prison releases, saying it is vital that justice agencies can identify and respond to the risks posed by domestic abuse perpetrators and put the right interventions in place. There is also a counting argument. Dame Nicole noted the flags will give "a clearer picture of how pervasive domestic abuse is within our justice system". You cannot address what you have never measured.

What the evidence actually says

It is worth being clear about what this measure does and does not do. What it does: requires courts to state in open court when an offence involved domestic abuse; creates a single shared court record; makes that flag visible on police, probation and prison digital systems; and shares it with relevant partners and agencies. What it does not do: it does not create a new criminal offence, it does not change sentencing powers, and it does not alter what counts as domestic abuse in law. Domestic abuse was already an aggravating factor. This is about recording and sharing, not about redefining. It also is not a public register. The flags sit on criminal justice systems, visible to frontline agencies, not to neighbours or employers. The measure sits alongside several other things the Ministry of Justice listed: a new Victim Support helpline funded as part of an £18 million support package; a decision by the Prime Minister to block offenders convicted of rape, serious child sexual offences and grooming from benefiting from upcoming sentencing changes; and an expansion of electronic monitoring, including what the government describes as world-first restriction zones designed to keep the highest-risk offenders away from those they have harmed. Minister for Victims and Tackling Violence Against Women and Girls, Alex Davies-Jones, described it as "an important step" rather than a solution - which is the fairer characterisation. A flag improves information. It does not by itself change behaviour. One honest limitation: the flag only applies where there is a conviction. Most domestic abuse never reaches a courtroom, so this will improve the picture within the justice system without capturing the scale outside it.

Practical advice

If you are experiencing domestic abuse, or you are worried about someone, the following is worth knowing. Abuse is not only physical. Controlling behaviour, financial control, isolation from family, threats and monitoring are all recognised in UK law. In an emergency, call 999. If you cannot speak, you can dial 999 and then press 55 on a mobile when prompted, and the call will be passed to police as a silent solution. The 24-hour National Domestic Abuse Helpline is 0808 2000 247 and is free. Men experiencing abuse can contact Respect's Men's Advice Line on 0808 801 0327. You can ask about someone's history. Under the Domestic Violence Disclosure Scheme, often called Clare's Law, you can ask police whether a partner has a record of abusive offending. You do not have to be the one at risk to make a request. Your pharmacy can be a safe place to ask for help. Many community pharmacies have a private consultation room, and asking to speak to the pharmacist privately is an ordinary request that needs no explanation. If you are supporting someone, keep offering without pressuring. People often leave on the fifth or tenth conversation, not the first. Staying reachable matters more than being persuasive.

What to know

From 5 October 2026, courts in England and Wales must formally record and state in open court when an offence involved domestic abuse, creating a single shared court record for the first time. The flags will be visible on police, probation and prison digital systems and shared with relevant agencies. The change stems from the Sentencing Act following the Independent Sentencing Review, and forms part of the government's mission to halve violence against women and girls. It does not create a new offence, change sentencing powers or redefine domestic abuse, and it is not a public register. It applies only where there is a conviction. It sits alongside a new Victim Support helpline funded within an £18 million package and an expansion of electronic monitoring, including restriction zones for the highest-risk offenders. Sources: Ministry of Justice, "Domestic abusers to be marked and tracked in boost to victims' safety", 5 October 2026, https://www.gov.uk/government/news/domestic-abusers-to-be-marked-and-tracked-in-boost-to-victims-safety ; GOV.UK, "Domestic abuse: how to get help", accessed 8 October 2026, https://www.gov.uk/guidance/domestic-abuse-how-to-get-help ; Refuge, "National Domestic Abuse Helpline", accessed 8 October 2026, https://www.nationaldahelpline.org.uk/ This article is for general information and does not replace advice from a doctor, pharmacist or other qualified healthcare professional.

#domestic abuse#courts#victim support#Ministry of Justice#safeguarding#violence against women and girls

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