Lib Dems table new bill to close domestic abuse loopholes in prison early release scheme

EMBARGO: Immediate Release

Liberal Democrat Justice Spokesperson Josh Babarinde MP has tabled a bill that would create a specific set of domestic abuse aggravated offences in the law - laying the groundwork to close the loophole where some domestic abusers are currently released early under the Government’s SDS40 scheme. 

There is currently no specific offence of domestic abuse in England and Wales. These cases are instead prosecuted under a number of broader offences, ranging from common assault and actual bodily harm (ABH) to coercive control. 

High-risk offenders including those with domestic abuse-related offences are meant to be exempt from early release from prison under the Government’s SDS40 scheme. 

However, the exemption only applies to certain offences, meaning that domestic abusers who have been charged with more general offences like common assault are still eligible for early release. A number of campaigners, including Women’s Aid, Refuge and the Domestic Abuse Commissioner have raised concerns that domestic abusers are being released early as a result. 

The Domestic Abuse (Aggravated Offences) Bill, tabled by Liberal Democrat Justice Spokesperson Josh Babarinde MP this week, would create a new, specific set of domestic abuse aggravated offences.

If passed, the bill would mean that a domestic abuser who would have, for example, previously been charged with common assault would now be charged with domestic abuse-aggravated common assault.

This would create greater visibility of domestic abuse cases within the criminal justice system - while making it possible to close the loopholes in the early release scheme by exempting all those convicted of ‘domestic abuse aggravated offences’ under this bill. 

The Domestic Abuse (Aggravated Offences) Bill is due to receive its Second Reading on 24th January. The Liberal Democrats will be campaigning for government support for the bill in the lead-up. 

Commenting, Liberal Democrat Justice Spokesperson Josh Babarinde MP said: 

“Domestic abuse has a devastating impact on survivors, and the law is leaving too many of them without protection. It’s only right that all domestic abusers are convicted of precisely what they’ve done. My bill will mean abusers can no longer hide behind more general convictions they’ve relied on until now. 

“The loopholes in the Government’s SDS40 early release scheme have made clear that this change cannot wait any longer. 

“I hope the government will work with us - and with the survivors backing this bill - to finally create new domestic abuse aggravated offences and give victims and survivors the protection they deserve."

ENDS

Notes to Editor:

The bill, tabled on 9th December 2024, reads as follows: 

“Domestic Abuse (Aggravated Offences) Bill

A Bill to create certain domestic abuse aggravated offences; and for connected purposes.”

Second Reading is due on 24th January 2025. Josh Babarinde MP will be working in partnership with survivors and survivors groups such as Women’s Aid to develop the details of the bill. 

Josh Babarinde MP spoke to Good Morning Britain about the bill this morning (10 December): https://x.com/gmb/status/1866382422301982736?s=46&t=SfbSJLjDt4SA15j2G9EAwQ