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The scandal of scores of prisoners guilty of domestic abuse being released early from prison has prompted a bid to change the law.
Eastbourne’s MP Josh Babarinde, the Liberal Democrat’s justice spokesperson, has tabled a bill that would create a specific set of domestic abuse aggravated offences in the law for the first time.
The bill provides the groundwork to close the loophole where some domestic abusers are currently released early under the government’s SDS40 early release scheme put into place because of the prisons overcrowding crisis they inherited from the Tories.
Mr Babarinde told The Independent that his own childhood experience of domestic abuse in his family partly inspired his decision to focus on the area in a hope he can make a positive difference to thousands who have suffered from it.
He has also praised The Independent’s Brick for Brick campaign, which has been backed by the Queen, to build a refuge for victims of domestic abuse, saying: “This is such an important initiative for such an important issue in this country.”
The newly elected MP was alarmed that Labour was unable to keep its promise that prisoners guilty of domestic would not be released early.
He pointed out that many who were released for general offences of grievous bodily harm or actual bodily harm were in reality guilty of domestic abuse but there was no way for the system to know that.
Currently there is 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. The general laws involved have not changed in definition since they were first enacted in the 19th century.
One victim who is supporting his bill is Elizabeth Hudson whose ex-husband assaulted her holding a knife to her throat qualified for early release.
Ms Hudson told Good Morning Britain: “Initially they were going to release him this month with tagging. That was scrapped but he is still eligible for a three month reprieve on his sentence.”
She added: “The mind blowing thing is that domestic abuse does not actually exist in the legal context.”
Explaining why this was the case, justice secretary Shabana Mahmood explained: “To do [early release] in a legal way you have to target the offences and not the offenders specifically. There is no specific offence of domestic abuse.”
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.
Supporting the Bill, a spokesperson for Women’s Aid said: “”We support Josh Babarinde’s initiative to introduce new certain domestic abuse aggravated offences in his proposed Private Members Bill. This proposal would help build more protection against perpetrators of domestic abuse being released under the early release scheme for prisoners.
“We have welcomed Labour’s commitment to halve violence against women and girls in the next decade, and in support of Josh Babarinde MP’s proposal, we urge the government to consider these amendments and keep their pledge in addressing this national emergency.”
The Domestic Abuse (Aggravated Offences) Bill, tabled by Eastbourne’s Mr Babarinde 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 second reading of the Bill, tabled this week, is due on 24 January but Mr Babarinde is more hopeful that it would provide the basis for one of two justice bills the government is bringing forward in the next year.
Ms Mahmood has left the door open for a change in the law.
Mr Babarinde 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 both locally and nationally the protection they deserve.”
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