PART 5Protection of children and others
Domestic abuse
I176Controlling or coercive behaviour in an intimate or family relationship
1
A person (A) commits an offence if—
a
A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive,
b
at the time of the behaviour, A and B are personally connected F4(see subsection (6)),
c
the behaviour has a serious effect on B, and
d
A knows or ought to know that the behaviour will have a serious effect on B.
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3
But A 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
b
B is under 16.
4
A's behaviour has a “serious effect” on B if—
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.
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.
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A and B are “personally connected” if any of the following applies—
a
they are, or have been, married to each other;
b
they are, or have been, civil partners of each other;
c
they have agreed to marry one another (whether or not the agreement has been terminated);
d
they have entered into a civil partnership agreement (whether or not the agreement has been terminated);
e
they are, or have been, in an intimate personal relationship with each other;
f
they each have, or there has been a time when they each have had, a parental relationship in relation to the same child (see subsection (6A));
g
they are relatives.
6A
For the purposes of subsection (6)(f) a person has a parental relationship in relation to a child if—
a
the person is a parent of the child, or
b
the person has parental responsibility for the child.
7
In F2subsections (6) and (6A) —
“civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004;
“child” means a person under the age of 18 years;
“parental responsibility” has the same meaning as in the Children Act 1989;
“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—
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.
9
A 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
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.
11
A 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;
b
on summary conviction, to imprisonment for a term not exceeding F1the general limit in a magistrates’ court, or a fine, or both.