Serious Crime and Other Offences - Domestic Violence and Abuse Flashcards
What is the definition of controlling behaviour?
A range of acts designed to make a person subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.
What is the definition of domestic abuse as per s.1 Domestic Abuse Act 2021?
Behaviour of a person towards another person is domestic abuse if:
- They are each aged over 16 and are personally connected to each other and
- the behaviour is abusive
Behaviour is abusive if it consists of any of the following:
- physical or sexual abuse
- violent or threatening behaviour
- controlling or coercive behaviour
- economic abusive
- psychological, emotional or other abuse
It does not matter whether the behaviour consists of a single incident or a course of conduct
What is the definition of coercive behaviour?
An act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish or frighten the victim. This included honour-based violence, FGM and forced marriage.
What is the definition of economic abuse?
Any behaviour that has a substantial adverse effect on a person’s ability to acquire, use or maintain money or other property, or obtain goods or services. This behaviour may be behaviour consisting of conduct directed at another person, for example, the complainant’s child.
What is the legal definition of Controlling and Coercive Behaviour as per s.76 of the Serious Crime Act 2015?
- A repeatedly or continuously engages in behaviour towards another person (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
- they are, or have been, in an intimate personal relationship with each other (can’t be anyone under 16 who they have a responsibility for)
What does serious effect on victim mean in relation to controlling and coercive behaviour?
- it causes the victim to fear, on at least two occasions, that violence will be used against them or
- it causes the victim serious alarm or distress which has a substantial adverse effect on their usual day to day activities
Defence for controlling and coercive behaviour?
That the defendant shows in engaging in the behaviour, he believed he was acting in the victim’s best interest and that the behaviour was in all circumstances reasonable.
This defence is not available when the behaviour causes the victim to fear that violence will be used against them.
Children as Victims of Domestic Abuse - Domestic Abuse Act 2021 S.3
- behaviour of a person (A) towards B is domestic abuse
- a child will be a victim of that domestic abuse where they
- see or hear, or experiences the effects of, the abuse and is related to A or B
A child is related to a person for the purpose of this section is:
- the person is a parent of, or has parental responsibility for the child or
- the child and the person are relatives
What does personally connected mean in relation to controlling and coercive behaviour?
- they are, or have been, married
- they are, or have been, civil partners
- they have agreed to marry one another (whether or not the agreement has 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 (under 18)
- they are relatives
DVPN
- initial notice issued by the police to provide emergency protection to an individual believed to be the victim of domestic abuse
- authorised by a rank no lower than superintendent
- DVPN issued to a person 18 or over if RGB they have been violent towards, or has threatened violence towards, an associated person and the issue of the DVPN is necessary to protect that person from violence or threat of violence.
- Before issuing a DVPN, the authorising officer must consider:
- welfare of any persons under 18 whose interests are relevant to the DVPN
- the opinion of the person whose protection is needed
- any representations made by the perpetrator
- the opinion of any associated person who lives there
- may be issued if the victim does not consent to the DVPN
- authorising officer must take reasonable steps to discover the opinions of everyone
- where issued, a constable must apply to a magistrates court for a DVPO
- the application must be heard no later than 48 hours after the DVPN was served
- a person who breaches a DVPN may be arrested without warrant and must be held in custody to appear before a magistrates court within 24 hours
Domestic Violence Disclosure Scheme (Clare’s Law)
- Police have common law power to disclose information where there is a pressing need to protect people
- information can be shared about a person’s known history of violence or abuse (normally relating to previous convictions or charges), to members of the public where it is needed to prevent further crime
- two procedures for disclosing information: right to ask (member of the public applying to the police) and right to know (the police making a proactive decision to disclose information to protect potential victims)
Non-Molestation Order
- provision prohibiting a person from molesting another person
- provision prohibiting a person from molesting a relevant child
- can be applied for where no other proceedings have commenced
- a person who breaches the order commits an either way offence
