Council launches public consultation on draft domestic abuse guideline

The Council has launched a public consultation to seek views on a draft sentencing guideline for domestic abuse offences.

The consultation, which will run for 12 weeks, is available on the Council website and organisations and people from all backgrounds, legal or otherwise, are encouraged to have their say on the guideline to help ensure it is fit for purpose.

Domestic abuse is an area of great concern to the public and accounts for a significant number of cases across courts in Scotland.

The sentencing of such cases is complex and can prove challenging for judges, particularly due to the broad range of circumstances involved in domestic offending and the need to give careful consideration to the protection of victims.

Research also shows that victims want greater clarity on the processes and reasons behind court decisions.

The guideline is designed to be of use to the courts and court users, as well as the general public, by clearly setting out the information which should be considered by judges in deciding sentences.

Lord Beckett, Lord Justice Clerk and Chair of the Council, said: “This guideline will assist the court in selecting what can sometimes be challenging sentencing decisions, thereby enhancing consistency. It will also aid public awareness by helping people better understand what domestic abuse can involve, and what is considered by the courts when reaching a sentence.

“The public consultation is a vital stage in developing a sentencing guideline. In order for it to be useful to the court, court users and the public, we are seeking as wide a range of views as possible and I encourage everyone to take the time to respond to the consultation. Every response will be carefully considered by the Council before the guideline is finalised.” 

The draft guideline makes clear that these offences can cause particularly damaging harm to those impacted by abuse, including children, and can inflict lasting trauma.

It sets out some of the behaviours domestic abuse can entail, such as coercive control like isolating a victim from family or friends, as well as economic abuse or physical or sexual abuse.

A list of factors which can make offences more serious, and may lead to a more severe sentence, are also detailed in the guideline – for example, using a child to direct offending behaviour at a victim or preventing a victim from obtaining assistance.

The draft guideline also includes a section explaining the legislation on non-harassment orders.

The deadline for responding to the consultation is 6 August 2026. All responses will be carefully considered before the guideline is finalised and submitted to the High Court for approval.