PART 5Protection of children and others

Domestic abuse

I276Controlling 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 F5(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 F3subsections (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 F2the general limit in a magistrates’ court, or a fine, or both.

76AF1Offences under section 76 committed outside the United Kingdom

1

If—

a

a person's behaviour consists of or includes behaviour in a country outside the United Kingdom,

b

the behaviour would constitute an offence under section 76 if it occurred in England and Wales, and

c

the person is a United Kingdom national or is habitually resident in England and Wales,

the person is guilty in England and Wales of that offence.

2

In this section—

  • “country” includes territory;

  • “United Kingdom national” means an individual who is—

    1. a

      a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

    2. b

      a person who under the British Nationality Act 1981 is a British subject, or

    3. c

      a British protected person within the meaning of that Act.

I177Guidance about investigation of offences under section 76

1

The Secretary of State may issue guidance about the investigation of offences under section 76 to whatever persons the Secretary of State considers appropriate.

2

The Secretary of State may revise any guidance issued under this section.

3

The Secretary of State must arrange for any guidance issued or revised under this section to be published.