PARLIAMENTARY WRITTEN QUESTION
Offenders: Domestic Abuse (26 February 2024)

To ask the Secretary of State for Justice, if he will take steps to ensure that (a) people whose alleged offending results from experience of domestic abuse have access to an effective defence and (b) the Victims' Code includes provision to ensure that those people are treated proportionately by the criminal justice system.

Asked by:
Zarah Sultana (Independent)

The Government and the law recognises that some offenders may commit offences as a direct result of being subjected to domestic abuse. There is a need to strike a balance between recognising the impact of abuse whilst ensuring that people do not revert to criminal behaviour.

The law already provides for a number of general defences, both full defences such as self-defence, and partial defences such as of “loss of control” or “diminished responsibility”. We have, however, asked the Law Commission to conduct a review of defences specifically to homicide where the offender was a victim of domestic abuse.

The Victims’ Code sets out the services that all victims of crime, including victims of domestic abuse, are entitled to receive from criminal justice agencies at the different stages of the criminal justice process. This includes receiving information about the case, participating appropriately in the criminal justice process and accessing support services. However investigation or charging decisions are operational decisions for the police and Crown Prosecution Service.

Answered by:
Laura Farris (Conservative)
29 February 2024