This shows you the differences between two versions of the page.
Both sides previous revision Previous revision Next revision | Previous revision | ||
coercive_and_controlling_behaviour [2017/10/17 11:39] frescom |
coercive_and_controlling_behaviour [2017/10/17 11:43] (current) frescom |
||
---|---|---|---|
Line 1: | Line 1: | ||
====== Controlling or coercive behaviour in an intimate or family relationship ====== | ====== Controlling or coercive behaviour in an intimate or family relationship ====== | ||
+ | 1. A person (A) commits an offence if | ||
- | (1) A person (A) commits an offence if | + | a) A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive, |
- | (a) A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive, | + | b) at the time of the behaviour, A and B are personally connected, |
- | (b) at the time of the behaviour, A and B are personally connected, | + | c) the behaviour has a serious effect on B, and |
- | (c) the behaviour has a serious effect on B, and | + | d) A knows or ought to know that the behaviour will have a serious effect on B. |
- | (d) A knows or ought to know that the behaviour will have a serious effect on B. | + | 2. A and B are “personally connected” if— |
- | (2) A and B are “personally connected” if— | + | a) A is in an intimate personal relationship with B, or |
- | (a) A is in an intimate personal relationship with B, or | + | b) A and B live together and— |
- | (b) A and B live together and— | + | i they are members of the same family, or |
- | (i) they are members of the same family, or | + | ii they have previously been in an intimate personal relationship with each other. |
- | (ii) they have previously been in an intimate personal relationship with each other. | + | 3. But A does not commit an offence under this section if at the time of the behaviour in question— |
- | (3) But A does not commit an offence under this section if at the time of the behaviour in question— | + | a) A has responsibility for B, for the purposes of Part 1 of the Children and Young Persons Act 1933 (see section 17 of that Act), and |
- | (a) A has responsibility for B, for the purposes of Part 1 of the Children and Young Persons Act 1933 (see section 17 of that Act), and | + | (b B is under 16. |
- | (b) B is under 16. | + | 4. A’s behaviour has a “serious effect” on B if— |
- | (4) A’s behaviour has a “serious effect” on B if— | + | a) it causes B to fear, on at least two occasions, that violence will be used against B, or |
- | (a) it causes B to fear, on at least two occasions, that violence will be used against B, or | + | b) it causes B serious alarm or distress which has a substantial adverse effect on B’s usual day-to-day activities. |
- | (b) it causes B serious alarm or distress which has a substantial adverse effect on B’s usual day-to-day activities. | + | 5. For the purposes of subsection (1)(d) A “ought to know” that which a reasonable person in possession of the same information would know. |
- | (5) For the purposes of subsection (1)(d) A “ought to know” that which a reasonable person in possession of the same information would know. | + | 6. For the purposes of subsection (2)(b)(i) A and B are members of the same family if— |
- | (6) For the purposes of subsection (2)(b)(i) A and B are members of the same family if— | + | a) they are, or have been, married to each other; |
- | (a) they are, or have been, married to each other; | + | b) they are, or have been, civil partners of each other; |
- | (b) they are, or have been, civil partners of each other; | + | c) they are relatives; |
- | (c) they are relatives; | + | d) they have agreed to marry one another (whether or not the agreement has been terminated); |
- | (d) they have agreed to marry one another (whether or not the agreement has been terminated); | + | e) they have entered into a civil partnership agreement (whether or not the agreement has been terminated); |
- | e they have entered into a civil partnership agreement (whether or not the agreement has been terminated); | + | f) they are both parents of the same child; |
- | (f) they are both parents of the same child; | + | g) they have, or have had, parental responsibility for the same child. |
- | (g) they have, or have had, parental responsibility for the same child. | + | 7. In subsection (6)— |
- | (7) In subsection (6)— | ||
“civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004; | “civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004; | ||
Line 61: | Line 61: | ||
“relative” has the meaning given by section 63(1) of the Family Law Act 1996. | “relative” has the meaning given by section 63(1) of the Family Law Act 1996. | ||
- | (8) In proceedings for an offence under this section it is a defence for A to show that— | + | 8. In proceedings for an offence under this section it is a defence for A to show that— |
- | (a) in engaging in the behaviour in question, A believed that he or she was acting in B’s best interests, and | + | a) in engaging in the behaviour in question, A believed that he or she was acting in B’s best interests, and |
- | (b) the behaviour was in all the circumstances reasonable. | + | b) the behaviour was in all the circumstances reasonable. |
- | (9) A is to be taken to have shown the facts mentioned in subsection (8) if— | + | 9. A is to be taken to have shown the facts mentioned in subsection (8) if— |
- | (a) sufficient evidence of the facts is adduced to raise an issue with respect to them, and | + | a) sufficient evidence of the facts is adduced to raise an issue with respect to them, and |
- | (b) the contrary is not proved beyond reasonable doubt. | + | b) the contrary is not proved beyond reasonable doubt. |
- | (10) The defence in subsection (8) is not available to A in relation to behaviour that causes B to fear that violence will be used against B. | + | 10. The defence in subsection (8) is not available to A in relation to behaviour that causes B to fear that violence will be used against B. |
- | (11) A person guilty of an offence under this section is liable— | + | 11. A person guilty of an offence under this section is liable— |
- | (a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both; | + | a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both; |
- | (b) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine, or both. | + | b) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine, or both. |