Public consultation - draft domestic abuse guideline

Overview

The Scottish Sentencing Council is preparing a guideline on domestic abuse offences. We believe that it will bring benefits to the courts, those involved in such cases, and the wider public. This consultation asks questions on the content of the guidance contained within the guideline, and on its potential impact.

Domestic abuse accounts for a significant, and growing, number of cases heard across Scottish courts. There can be particular challenges in sentencing these offences, including the potentially broad variety of circumstances, and the need to consider the protection of the victim in a domestic context. The guideline makes clear that these offences can cause particularly damaging harm to those impacted by the abuse, including children, and can inflict lasting trauma. By listing some of the considerations and factors that should be taken into account, we believe that the guideline will help the courts to decide sentences, and assist public understanding of how these decisions are reached.

The draft guideline and consultation discussion document, along with a draft impact assessment, are linked below. The discussion paper provides background information about the guideline and will assist you to answer the consultation questionnaire. The questions refer directly to the draft guideline.

We encourage you to respond to as many of the questions as you wish, or feel able, to answer, but it is not necessary to respond to them all.

The draft guideline is intended to be read alongside the principles and purposes and sentencing process guidelines, and, where applicable, the sentencing young people guideline. It will also be read alongside any relevant offence guidelines, for example the guidelines on rape offences which came into force on 3 March 2026.

Why your views matter

The Council is committed to carrying out public consultations on all our guidelines. This is a key part of the development process and we are keen to hear from all those with an interest in this work. We aim to engage with as wide and diverse an audience as possible to ensure that our guidelines are fit for purpose. This includes the wider public as well as criminal justice organisations, charities, academics, and other interested organisations. Every response will be considered before the guideline is finalised for submission to the High Court for approval. Guidelines must be approved by the Court before coming into force.

Consultation materials

• Consultation document
• Draft domestic abuse guideline
• Draft impact assessment

Responding

To respond to this consultation, please complete the survey below. Respondents will have the choice as to whether their submission is published. We will publish the name of organisations who take part, but individuals will also have the choice as to whether their name is published. Where confidentiality is sought, it should be noted that the Scottish Sentencing Council is subject to the Freedom of Information (Scotland) Act 2002 so we may be required to release some information if requested, although this will be done without contravening the data protection principles in Articles 5(1) and 10 of the UK General Data Protection Regulation and in sections 10(5) and 35(1) of the Data Protection Act 2018.

The Council will publish an independent analysis of the responses to this consultation, as well as a consultation report, on our website once completed.

If you are unable to respond to this consultation online, please contact the Scottish Sentencing Council to discuss alternative arrangements (by email at sentencingcouncil@scotcourts.gov.uk, by phone on 0300 790 0006, or by post at Scottish Sentencing Council, Parliament House, Parliament Square, Edinburgh, EH1 1RQ).