Since 5 October 2026, criminal courts in England and Wales must say out loud when an offence involved domestic abuse. This is called a Judicial Finding of Domestic Abuse.
The Ministry of Justice describes it as abusers being “marked and tracked”. That headline has been shared widely, and some posts make it sound like a public list of abusers. It isn’t. Here is what the new law actually does, and what it doesn’t.
What the law says
The rule comes from section 6 of the Sentencing Act 2026. It adds a new section 56A to the Sentencing Code, the law courts follow when they sentence someone.
When a court is sentencing someone for an offence, and it decides the offence involved domestic abuse carried out by that person, the court must state this in open court. Open court means the hearing itself, not a private note in the file.
The section applies in England and Wales. It came into force on 5 October 2026, even though the Act was passed earlier in the year. The Ministry of Justice says the finding has also been added to the Criminal Procedure Rules, which makes it mandatory, and the Sentencing Council has updated its sentencing guidelines to match.
What counts as domestic abuse
The court uses the same definition as the Domestic Abuse Act 2021. Both people must be aged 16 or over, and they must be “personally connected”. That means they:
- are or have been married or civil partners
- have agreed to marry or to enter a civil partnership, even if that agreement has ended
- are or have been in an intimate personal relationship
- are both a parent of, or have parental responsibility for, the same child
- are relatives
The behaviour can be physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, or psychological, emotional or other abuse. It can be one incident or a pattern over time.
So the finding is not only about partners. It can cover an ex, a co-parent or a family member.
What “marked and tracked” means
Marked means the finding is recorded as a formal court result when the abuser is sentenced.
Tracked means that record is flagged on police, probation and prison systems. According to the Ministry of Justice, this lets frontline staff see an abuser’s history, assess the risk they pose and spot repeat offenders.
Domestic abuse was already treated as an aggravating factor for offences such as assault and stalking. The difference now is that the finding has to be said in court and follows the abuser through the system, instead of getting lost in the paperwork of one case.
What it does not do
- It is not a public register. You cannot look someone up. The flags are for police, probation and prisons.
- It only happens after a criminal conviction. The finding is made at sentencing. Abuse that was never reported, or reported with no charge, will not have one.
- It does not apply in the family court. It is a criminal court duty. Child arrangements and protective order cases are separate.
- It depends on the court’s view. The duty applies when the court decides the offence involved domestic abuse.
- The law doesn’t say whether it reaches back. The Act has no rule on whether it covers offences committed before 5 October 2026, so don’t assume older cases will carry a finding.
What it means for you
If your abuser is sentenced for an offence that involved domestic abuse, the court must now name it in open court. That finding becomes part of his record on police, probation and prison systems.
In practice, what he did to you is less likely to be treated as a one-off. The next officer, probation worker or prison that deals with him can see that abuse was part of his offending.
It is a step forward, but a narrow one. It only works once a case has reached a criminal court and ended in a sentence.
The same announcement also mentioned Domestic Abuse Protection Orders (DAPOs), which are being rolled out in selected areas. We cover DAPOs in our first guide.
Go deeper
- The Women’s Railroad guides: our three guides cover getting your money in order, leaving safely and your legal options in England and Wales, whether or not your case ever reaches a criminal court.
- The Family Court Line: this finding is a criminal court duty. If you are going through a child arrangements case, our journey map walks you through the family court process stop by stop.
- Domestic Abuse Protection Orders: covered in our first guide.
