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This chapter provides a discussion on the widely held view that law — positive law — is essentially coercive. It offers an analysis of the concept of coercion, and then discusses the questions of whether law does actually, and whether law must tautologically, involve coercion in any of the senses analysed. This chapter starts by reflecting ...
- Executive Summary
- Section 1 – Purpose of This Guidance
- Section 2 – Criminal Justice Response
- Section 3 – The Defence
- Section 4 – Criminal Penalties and Protection Orders
- Section 5 – Multi-Agency Response
- How Other Services and Agencies Can Assist
- Annex A: Related Considerations
- Annex B: The Offence of Controlling Or Coercive Behaviour
This statutory guidance is issued under section 77 of the Serious Crime Act 2015 (the 2015 Act). Any persons or agency investigating offences in relation to controlling or coercive behaviour under section 76 of the 2015 Act must have regard to it. This guidance is primarily aimed at statutory and non-statutory bodies working with victims, perpetrat...
Aims of the guidance
1. This guidance is intended to provide: 1. Clear information on what constitutes controlling or coercive behaviour and how to identify the offence. This guidance aims to support agencies in understanding controlling or coercive behaviour and identifying the offence, including the types of behaviours that are within the range of the offence and the impact that these behaviours can have on victims, including children and young people. 2. Guidance to the police and other criminal justice agenci...
Audience
2. This guidance extends to England and to reserved matters in Wales. Any persons or agencies using this guidance must also be familiar with the Domestic Abuse Statutory Guidance. This guidance, to be read alongside relevant legislation and strategies, should be referred to by Welsh agencies or devolved bodies discharging functions which are reserved to the UK Government (policing and criminal, civil and family justice matters). 3. The offence of controlling or coercive behaviour applies in E...
Introduction
5. Section 76 of the Serious Crime Act 2015(the 2015 Act) introduced the criminal offence of controlling or coercive behaviour in an intimate or family relationship. The offence was brought into force in recognition of the severe impact of controlling or coercive behaviour which can comprise economic, emotional and psychological abuse, technology-facilitated domestic abuse, as well as threats, whether or not they are accompanied by physical and sexual violence or abuse. 6. The controlling or...
21. When investigating controlling or coercive behaviour, all of the following criteria must be met for the offence to apply: A) The controlling or coercive behaviour must take place “repeatedly’’ (on two or more occasions) or “continuously” (on an ongoing basis). Behaviour displayed on only one occasion would not amount to repeated or continuous b...
95. Subsections (8) to (10) of Section 76 of the Serious Crime Act 2015 provide for a defence where the defendant believes he or she was acting in the best interests of the victim, and that the behaviour was in all the circumstances reasonable. 96. A defendant would not be able to rely on the defence: 1. if they have caused another person to fear t...
100. Controlling or coercive behaviour is a serious criminal offence and has a maximum penalty of five years’ imprisonment and/or an unlimited fine. 101. The independent Sentencing Council, which develops sentencing guidelines for courts, has issued a guideline on controlling or coercive behaviour. This provides guidance on factors the court must t...
How specialist domestic abuse services can assist
107. Specialist domestic abuse services’ primary aim is to support the victim with emotional and practical support identified based on individual risks and needs. This may include supporting the victim to engage with the criminal justice process. Providing specialist support can assist in enabling the victim to feel safe and empowered to continue with criminal proceedings, which may prevent the victim from withdrawing from a case. 108. It is also important to recognise that victims may be con...
114. There are a range of agencies and support services that may hold information that could provide relevant evidence that would assist in building a case. For example: case notes from health services, including mental health, drug and alcohol services, local authority social care services, housing services, financial services or the family court ...
Individuals can be the victims of multiple and different abusive behaviours because of the way different characteristics, such as sex, race, ethnicity, disability, gender reassignment, sexual orientation, age, religion or belief can intersect and overlap, along with other factors such as socio-economic position or immigration status. These factors ...
The Domestic Abuse Act 2021 amended the controlling or coercive behaviour offence to remove the “living together’’ requirement, which means it may now apply to partners, ex-partners, or family members regardless of whether the victim and perpetrator live together. Section 76 of the Serious Crime Act 2015 (as amended by Section 68 of the Domestic Ab...
Sep 12, 2023 · In particular, drawing on interviews with professionals across both jurisdictions, we highlight the precarity of recognition of the effects of coercive control and the need to engage in more complicated discussions about when and why context matters.
May 16, 2021 · We say that a legal system is coercive when “there are laws which provide for the use or application of coercive measures” (Lamond 2000, 41). But we also say that a legal system is coercive when the effects of its laws, institutions, and features are coercive (ibid.).
- Lucas Miotto
- 2021
Dec 14, 2011 · State power is widely thought to be coercive. The view that governments must wield force or that their power is necessarily coercive is widespread in contemporary political thought.
- Christopher W. Morris
- 2012
Jan 19, 2010 · For the legal use of coercion is not limited to punishments imposed under the criminal law, since it stands behind all legal arrangements that are enforced, including “civil remedies” in other branches of law, such as the law of property, torts, and contracts.
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The main issue in this chapter concerns the place of coercion in a social amount of law. Keywords: coercion, forms of law, sovereign state, legal systems, institutions, structures. Collection: Oxford Scholarship Online.
