By Martha Odysseos, 6th April 2023
Offence under s.76 of the Serious Crime Act 2015
According to s.76 of the Serious Crime Act 2015, in order for the offence of controlling and coercive behaviour in an intimate or family relationship to be made out a person (A) must:
- Repeatedly or continuously engage in behaviour towards another person (B) that is controlling or coercive
- At the time of the behaviour, both must be ‘personally connected’
- The behaviour must have a serious effect on B and
- A knows or ought to know that the behaviour will have a serious effect on B.
Prior to the 5th April 2023 the term ‘personally connected’ was defined as either:
- A is in an intimate personal relationship with B or
- A and B live together and
- They are members of the same family or
- They have previously been in an intimate personal relationship with each other.
Being members of the same family means:
- they are, or have been, married to each other;
- they are, or have been, civil partners of each other;
- they are relatives;
- they have agreed to marry one another (whether or not the agreement has been terminated);
- they have entered into a civil partnership agreement (whether or not the agreement has been terminated);
- they are both parents of the same child;
- they have, or have had, parental responsibility for the same child.
Update introduced by S.68 of the Domestic Abuse Act 2021
S.68 of the Domestic Abuse Act 2021 came into force on the 5th April 2023. This essentially amends the definition of whom the offence applies to.
After 5th April 2023, for A and B to be ‘personally connected’ any of the following must apply:
- they are, or have been, married to each other;
- they are, or have been, civil partners of each other;
- they have agreed to marry one another (whether or not the agreement has been terminated);
- they have entered into a civil partnership agreement (whether or not the agreement has been terminated);
- they are, or have been, in an intimate personal relationship with each other;
- they each have, or there has been a time when they each have had, a parental relationship in relation to the same child
- they are relatives.
Therefore, if they are separated or if they are members of the same family, the complainant and defendant no longer need to have been cohabiting when controlling or coercive behaviour occurs.
This means that controlling and coercive behaviour can take place post-separation or by a family member who does not live with the victim.
The amendment of this offence now encompasses a much wider definition of whom the offence will apply which could potentially lead to a greater number of prosecutions.
This new definition will apply to behaviour that occurs after 5th April 2023.
How can we help?
If you are facing an allegation of controlling or coercive behaviour or cases of a domestic nature, you should contact a specialist solicitor. Olliers have a specialist team who will be able to assist in achieving the best outcome. Contact us by telephone on 0161 834 1515, by email to info@olliers.com or complete the form below.
