Domestic Abuse New Legislation Coercive and Controlling Behaviour

Domestic Abuse –New Legislation Coercive and Controlling Behaviour S. 76 Serious Crime Act 2015 29 th December 2015

Overview From the 29 th December we will be expected to recognise, record and investigate offences under S. 76 Serious Crime Act 2015: That is: Coercive and Controlling behaviour in intimate and familial relationships. This offence carries a maximum sentence of 5 years imprisonment, fine or both

The Legislation S. 76 Serious Crime Act 2015 states that A commits and offence if: • • A repeatedly or continually engages in behaviour towards B that is controlling or coercive At the time of the behaviour, A and B are personally connected The behaviour has a serious effect on B, and A knows or ought to know that the behaviour will have a serious effect on B Repeated Behaviour – a minimum of 2 such incidents have to be evidenced Personally connected – i) intimate relationship - whether living together or not, ii) Lived together& family, iii) Lived together & had previous intimate relationship. This MUST be at the time of the behaviour. Serious effect – A will have caused B fear violence on at least 2 occasions, or caused alarm and distress with a substantial adverse effect on the victim’s usual day to day activities. Ought to know – that which a reasonable person possessing the same information would know It will not be an offence if at the time of the behaviour, A has parental responsibility/is legally liable for the maintenance of care of B, or where B is under 16.

Members of the same family A and B are members of the same family if: - § § § § they are, or have been, married to each other they are, or have been, civil partners to 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 the parents of the same child they have, or have had, parental responsibility for the same child

Recognising Controlling and Coercive Behaviour Not relating to a single incident but a purposeful pattern of behaviour over time in order for an individual to exert power, control or coercion over another Controlling Behaviour - certain acts designed to make a person subordinate and/or dependant by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means for independence, resistance and escape and regulating their everyday behaviour Coercive Behaviour – acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish or frighten their victim Types of evidence that could be used to prove this offence – copies of e-mails, call records/text messages, social media contact/content, evidence of assault, 999 tapes, CCTV, scene photography, medical records, family/friends testimony, bank records, victim diary, evidence of isolation

Types of behaviour could include • • • Isolating the victim form friends and family Monitoring their time Monitoring a person via online communisation tools or spyware Controlling aspects of everyday life; where they go, who they see, what they wear, when they sleep Depriving access to support services, specialist support or medical services Controlling finances Threats to harm or kill Threats to harm another e. g. a child Threats to reveal, share, publish private information Assaults, rape etc Criminal damage – destruction of household goods Preventing access to transport or from pursuing a working life

Important Effective Policing Response – it is unlikely that victim will point out this offence – You will need to identify it through your dialogue with the victim, background, history, context and the use of the DASH risk assessment. • Consider the wider context of threats or use of violence • No set number of incidents – gather evidence to show repetitive/continuous nature • No specific timeframe between incidents – a pattern but not necessary to show immediate succession. Behaviour prior to the 29 th December 2015 can’t be used to evidence a charging decision under this legalisation. It can be charged alongside other offences. Recording – Home Office Code 08/67 – ‘Engaging in controlling/coercive behaviour in intimate/family relationship’ …. Available on ATHENA Defence – a defendant can offer the defence that they believed their actions were in the best interest of the victim and can show in the circumstances their behaviour was objectively reasonable (this defence is NOT available to those who have caused another person to fear that violence could be used against them)