Yesterday, Lib Dem justice spokesperson Josh Babarinde has introduced a new Bill which would create specific offences relating to domestic abuse. People convicted under these offences would not be eligible for early release schemes.
On the last day of the annual 10 days of activism to end violence against women and girls, Josh appeared on Good Morning Britain to say why this was important:
He said after he tabled the Bill, which has the backing of Women’s Aid:
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.
He questioned Justice Secretary Shabana Mahmood. Here is their exchange in full:
There are no specific domestic abuse offences in law, so abusers hiding behind convictions such as actual bodily harm are being let out early under the SDS40 early release scheme. That is not right, so I have introduced the Domestic Abuse (Aggravated Offences) Bill to create a specific set of domestic abuse aggravated offences—a bit like racially aggravated offences—that could be excluded from early release schemes. Women’s Aid is backing my Bill; will the Secretary of State back it, too?
Shabana Mahmood
The hon. Gentleman is right to note that, under current legislation, it is possible to exclude only offences, rather than classes of offender. I am sure that his Bill will gain some interest across the House. If any such changes were to be made, they would be for the future, as they do not help us with the current crisis. I will ensure to discuss the details of his Bill with the Home Secretary.
Josh Babarinde
I thank the Secretary of State for that answer—I hope to have the chance to meet her to discuss it in more detail. The Liberal Democrats are deeply concerned about survivors who have been told that, as it stands, their abuser is set to be released early. One such survivor is Elizabeth Hudson, who I met on the set of “Good Morning Britain” today when launching this campaign. She has written to Ministers about her concerns, but says that she has not received a response. Will the Secretary of State meet Elizabeth and me to discuss her case and how survivors can be respected and protected?
Shabana Mahmood
I believe that all who have written have received a response from the Ministry, but I will chase down that specific case. The way we implemented the policy meant that we were able to give the Probation Service time to prepare which was not available to it under the previous Tory Government’s end of custody supervised licence scheme. That means that all victims who were supposed to be notified under the victim contact scheme have been notified.
Josh has set up a petition that you can sign if you support his campaign. The next Parliamentary stage takes place on 24 January 2025.
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4 Comments
Josh Babarinde has done a precision job here, in understanding the nature of the problem and forensically setting out what must be done. His work on this subject, inside and outside of parliament, will clearly now lead to legal changes and close the loopholes. It will equally apply to women and men who suffer obsessive violence and harassment from ‘domestic partners’ and others, which ruins lives and can end up in tragedy. Josh should be applauded for his astute work on this.
This is one of those articles that is potentially very interesting, but really needs a lot more solid information. What changes to the law is Josh Babarinde proposing? The only information given here is “ would create specific offences relating to domestic abuse. People convicted under these offences would not be eligible for early release schemes.“, which to my mind is too vague to give much understanding of Josh’s proposals. Is it possible to clarify specifically what new offences the bill would create and with what potential sentences? In what way would this make a difference, other than perpetrators not being eligible for early release?
Specific offences yes, but cannot be released early no. The proposal does not seem to take into account that the person has to be released sometime and that any change or rehabilitation is being ignored.
We have to be careful we do not jump on the bandwagon of more and longer sentences. It leads to plans to spend billions on yet more new prisons. The more places you build the more you find the offenders to fill them. This has always been the case and we do not appear to have learnt the lesson.
A similar discussion is happening in Scotland about having a stand alone offence rather than using the current ‘assault’ charge. Current Scottish law allows a sentence of up to life imprisonment on a conviction for assault at the High Court (and up to 5 years at a Sheriff Court) so the current law is sufficient – the issue is ensuring that the most serious cases are sent to the High Court and that Judges and Sheriffs issue appropriate punishments.