PART 5Protection of children and others
Domestic abuse
76Controlling 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,
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.
2
A and B are “personally connected” if—
a
A is in an intimate personal relationship with B, or
b
A and B live together and—
i
they are members of the same family, or
ii
they have previously been in an intimate personal relationship with each other.
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.
6
For the purposes of subsection (2)(b)(i) A and B are members of the same family if—
a
they are, or have been, married to each other;
b
they are, or have been, civil partners of each other;
c
they are relatives;
d
they have agreed to marry one another (whether or not the agreement has been terminated);
e
they have entered into a civil partnership agreement (whether or not the agreement has been terminated);
f
they are both parents of the same child;
g
they have, or have had, parental responsibility for the same child.
7
In subsection (6)—
“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 12 months, or a fine, or both.