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coercive_and_controlling_behaviour [2017/10/09 12:14]
frescom created
coercive_and_controlling_behaviour [2017/10/17 11:43] (current)
frescom
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 ====== 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 (Acommits an offence if+a) A repeatedly or continuously engages in behaviour towards another ​person (Bthat is controlling or coercive,
  
-(a)A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive,+bat the time of the behaviour, ​and are personally connected,
  
-(b)at the time of the behaviour, ​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+dA knows or ought to know that the behaviour ​will have a serious effect on B.
  
-(d)knows or ought to know that the behaviour will have a serious effect on B.+2. and are “personally connected” if—
  
-(2)A and 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 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.+3But A does not commit an offence under this section if at the time of the behaviour in question—
  
-(3)But 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+(is under 16.
  
-(b)B is under 16.+4A’s behaviour has a “serious effect” on B if—
  
-(4)A’s behaviour has “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 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—+athey 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;
  
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 “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—+8In 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—+9A 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.+10The 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—+11A 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.
  
  
  
coercive_and_controlling_behaviour.1507551253.txt.gz · Last modified: 2017/10/09 12:14 by frescom