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--- coercive_and_controlling_behaviour [2017/10/09 12:14]
frescom created
+++ coercive_and_controlling_behaviour [2017/10/17 11:40]
frescom
@@ Line 2: / Line 2: @@
-(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;
@@ Line 61: / Line 61: @@
 “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.

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