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When they were first envisaged parliament was not meant to legislate in devolved areas without the Senedd's permission via an LCM, but it is not legally binding.

Mahmood said she was "extremely disappointed" by council chair Lord Justice Davis's response, adding: "All options are on the table and I will legislate if necessary."

The outcome of this would inform "consideration of a general defence for all offences, but the government has no immediate plans to legislate to create a domestic abuse defence," it said.

Justice Secretary Shabana Mahmood has told the Sentencing Council she will review its powers and "legislate, if necessary", following a row over its new guidance on sending people to jail.

The government said it was "looking closely" at the changes made in Scotland and Wales, but had no plans to legislate on smacking at this stage.