Merry Xmas to all, but before we all celebrate the New Year, that may turn out to be an unhappy one for some, we have a new offence of Domestic Abuse under Section 76 of Serious Crime Act 2015 – Controlling or coercive behaviour in an intimate or family relationship which comes into force from 29th December 2015.
We already have a wealth of criminal offences for domestic abuse including assaults, threats to kill, harrassment, stalking etc which are often provable offences by way of evidence that can be tested in a court of law (eg photographs and medical records of injuries, mobile phone or social media messages etc).
Undoubtably as lawyers the peruse the statutory guidance for the new offence we can immediately foresee the floodgates of allegations. The weaknesses and imprecise nature of this offence mean that the police will be saddled and the Courts clogged with a very many of these allegations.
Firstly how can it be right that if your charged with the summary only offence of common assault the maximum is 6 months, yet you are controlling or coercive and the offence merits upto five years imprisonment on indictment. But for defendants charged with the new offence the welcome news may be that it will at least open the right to have a fairer trial with a jury the Crown Court, given the affect that conviction may have upon ones good character, career and family.
Secondly the types of behaviour said to be indicative of controlling behaviour can be legitimate behaviour in a relationship that can in an instant be reversed in an allegation. The presumption of innocence until proven guilty is undermined as the defendant is having to rebut why only they have access to a bank account.
Types of behaviour
The types of behaviour associated with coercion or control may or may not constitute a criminal offence in their own right. It is important to remember that
the presence of controlling or coercive behaviour does not mean that no other offence has been committed or cannot be charged. However, the perpetrator
may limit space for action and exhibit a story of ownership and entitlement over the victim. Such behaviours might include:
– isolating a person from their friends and family;
– depriving them of their basic needs;
– monitoring their time;
– monitoring a person via online communication tools or using spyware;
– taking control over aspects of their everyday life, such as where they can go, who they can see, what to wear and when they can sleep;
– depriving them of access to support services, such as specialist support or medical services;
– repeatedly putting them down such as telling them they are worthless;
– enforcing rules and activity which humiliate, degrade or dehumanise the victim;
– forcing the victim to take part in criminal activity such as shoplifting, neglect or abuse of children to encourage self-blame and prevent disclosure to authorities;
– financial abuse including control of finances, such as only allowing a person a punitive allowance;
– threats to hurt or kill;
– threats to a child;
– threats to reveal or publish private information (e.g. threatening to ‘out’ someone).
– assault;
– criminal damage (such as destruction of household goods);
– rape;
– preventing a person from having access to transport or from working.
This is not an exhaustive list
Thirdly given that anyone who is being investigated for ANY domestic related offence could now face far more serious charge, it raises the importance of seeking immediate legal advice and representation which could make a material difference.
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