Section 6 of the Sentencing Act 2026 came into force on 5 October 2026, introducing a new requirement for courts to formally record when an offence involves domestic abuse.

In a new briefing note, Philip Stott and Jack Woods of QEB Hollis Whiteman examine the implementation of the new statutory requirement and consider its implications for those involved in criminal proceedings.

The briefing considers:

• The new requirement on courts to state in open court where an offence involved domestic abuse.

• The statutory test for determining whether an offence involves domestic abuse.

• The implications for prosecutors and defence practitioners.

• The potential impact on sentencing and future legal argument, including at appellate stage.

• The parallel amendment to the Armed Forces Act 2006.

• The briefing also considers the potential practical and reputational consequences of a finding of domestic abuse and how such findings may be recorded in criminal justice records.

Read the full briefing note here. 

If you would like to discuss any of the issues raised, please contact our clerking team at barristers@qebhw.co.uk.