Abusers who murder their partners now face tougher sentences after new rules were brought in.
Judges now have the power to impose longer jail terms for two new statutory aggravating factors – murders that involve strangulation or those that can be linked to the end of a relationship.
Campaigners have welcomed the new sentencing measures, but urged the courts to close the wide gap between punishments for killings inside and outside the home.
Bereaved families said they are pleased to see the changes come into force but urged the courts to make use of them and ensure abusers spend considerably longer behind bars.
Alex Davies-Jones, minister for victims and tackling violence against women and girls told Metro: ‘Murder at the end of a relationship is often the final act of cruelty by an abusive partner.
‘Now the law has changed. Judges must consider longer prison terms for murders involving strangulation or those connected to the end of a relationship.
‘I want to thank every brave campaigner who passionately fought for change.
‘As part of our Plan for Change, this Government is determined to halve violence against women and girls in the next decade, and we will ensure the worst offenders are locked up for longer.’
In a joint statement, Julie Devey, Carole Gould and Elaine Newborough of Killed Women said: ‘After six years of campaigning for more just sentences to be given to murderers we are pleased that these two aggravating factors now have to be applied by the judge.
‘What we now need to see is these aggravating factors actually carrying weight.
‘We have seen no increase in the minimum terms given even after other aggravating factors were added last year.
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‘If aggravating factors are to mean anything then the judge needs to respond by adding years rather than weeks or nothing.
‘What really needs to be done is the 15-year starting point for murders in the home to be levelled up to 25-year starting point as it is for murders that take place in another location.’
Under the current guidelines, murders where a weapon has been taken to the scene with intent carry a starting point of 25 years for the minimum tariff.
That is compared to 15 years when the weapon involved was already at the scene, as is typically the case with domestic murders.
As a result, murderers who kill in the home usually receive lower sentences than those who kill in public places.
Hetti Barkworth-Nanton-CBE, co-founder of The Joanna Simpson Foundation, similarly welcomed new aggravating features – but said they ‘will barely scratch the surface’ in redressing the disparity.
She said: ‘It is essential that the full weight of the law is brought onto those who murder their partner or ex-partner, and these aggravating factors are welcome and important.
‘However, we continue to see a 10-year disparity in sentencing starting points between murder in the home and outside the home which these aggravating factors will barely scratch the surface of balancing.
‘We would urge the government to urgently address this long-standing disparity which underplays the lives of women.’
How does sentencing in murder cases work?
The sentence for someone convicted of murder is always the same – life imprisonment.
It is the judge’s job to decide what the minimum term will be before that prisoner can apply to the parole board for release.
There are four starting points for adult offenders:
Whole life order – these are rare and saved only for those aged 21 or over convicted in the very worst cases, such as serial killers and terrorists.
30 years – saved for particularly serious cases not reaching the threshold for a whole life sentence, such as the murder of a police officer in the line of duty or a murder using a firearm.
25 years – for murders involving a knife or other weapon taken to the scene, having it available to use and using it when committing the murder.
15 years – murders not qualifying for any of the above.
After deciding on a starting point, the judge will move on to consider aggravating features – things that make the offense more serious and increase the sentence – and mitigating features – things that reduce the sentence.
Southall Black Sisters (SBS) said it was ‘disappointing’ that ministers still have not introduced Banaz’s Law, which would make the use of ‘honour’ an aggravating feature.
It is named after Banaz Mahmod, who was found buried in a suitcase in the back garden of a house in Birmingham after being murdered in an ‘honour killing’ in April 2006.
Asmita Sood, senior policy, campaigns and partnerships manager at SBS, said: ‘We welcome the introduction of the two new aggravating factors in sentencing.
‘We are disappointed that the government has chosen not to introduce Banaz’s Law to make the use of ‘honour’ an aggravating factor in sentencing.
‘Banaz’s Law has the support of 54 cross-party MP’s and specialist frontline organisations and is recommended by the Parliament’s Women and Equalities Committee.
‘We call on the government to urgently introduce Banaz’s Law to take urgent steps to prevent honour-based abuse in line with their commitment to halve VAWG in a decade.’
Learn more about femicide
- On average, one woman a week is killed by a partner/ex-partner
- Of the 249 female domestic homicide victims between March 2020 and March 2022, the suspect was male in a staggering 241 cases
- Women’s Aid have found that women are over three times more likely to be killed by a partner than by not wearing a seatbelt
- A Killed Women survey found that only 4% of bereaved family members said their loved one’s killing was not preventable at all
- Nearly half (49%) of women murdered by their partner or ex-partner are killed less than a month after separation, 79% killed within six months of separation and 90% killed within a year of separation (ONS, 2017)
The changes for England and Wales follows an independent review into domestic homicide sentencing by barrister Clare Wade KC.
The Law Commission is also reviewing the overall sentencing framework for murder and the law of homicide.
This comes in response to issues raised by campaigners, including how diminished responsibility is considered and whether current sentencing rules properly reflect the seriousness of domestic murders.
The Ministry of Justice said around 85 people, mainly women, are killed by their current or ex-partner each year, mostly in the home.
Ms Wade’s review of murder cases found 30% involved strangulation and 40% happened at the end, or perceived end, of a relationship – all involving female victims and male killers.
Harriet Wistrich, CEO of center for Women’s Justice: ‘These changes are coming in on the back of Clare Wade’s recommendations for the homicide sentencing review she undertook under the previous government.
‘They recognize the gravity of male violence towards women and how many killings in relationships characterised by coercive controlling behavior take place at the point the victim is trying to leave, and also how strangulation is used as a mechanism of control, it is a very intimate and controlled form of violence.
‘We welcome the recommendations.’
Metro’s year-long This Is Not Right campaign highlights the growing crisis of violence against women and girls.
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