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Violence against Women and Girls Crime report contents

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Cross-government issues<br />

Implementation of Section 76 of the Serious <strong>Crime</strong> Act 2015: Controlling or Coercive Behaviour in<br />

an Intimate or Family Relationship<br />

A new offence, s.76 of the Serious <strong>Crime</strong> Act Controlling or Coercive Behaviour in an Intimate or<br />

Family Relationship came into force on 30 December 2015. A person commits this offence if they<br />

repeatedly or continuously engage in behaviour towards another person that is controlling or<br />

coercive <strong>and</strong> at the time of the behaviour they are personally connected <strong>and</strong> the behaviour has a<br />

serious effect on the other person. The offence is triable either way with a maximum penalty (on<br />

conviction on indictment) of five years’ imprisonment. Alongside s.76 of the Serious <strong>Crime</strong> Act, the<br />

CPS continues to consider a range of other offences which are particularly relevant to controlling or<br />

coercive behaviour such as threats to kill, breaches of non-molestation orders <strong>and</strong> false<br />

imprisonment.<br />

To support prosecutors to make effective decisions in relevant cases, the CPS:<br />

published specific legal guidance on the offence (link) <strong>and</strong> amended its existing legal<br />

guidance on DA (link);<br />

advised the Home Office (HO) on the development of Statutory Guidance;<br />

developed a training pack <strong>and</strong> held a Master Class for the Area VAWG coordinators to enable<br />

them to carry out local training <strong>and</strong> awareness raising activity on the new offence;<br />

approved plans to develop a bespoke e-learning module on the controlling or coercive<br />

behaviour which will be m<strong>and</strong>ated for completion by all prosecutors. The module is due to be<br />

released in 2016-17;<br />

worked with the police to update the evidence gathering checklist with the offence of<br />

controlling or coercive behaviour, to ensure that all evidential opportunities are maximised<br />

<strong>and</strong> that a full history of offending behaviour has been captured (link);<br />

issued a charging advice sheet to further clarify the existing requirements around police<br />

referral of DA to the CPS in accordance with the Director’s Guidance on Charging (link); <strong>and</strong><br />

contributed to College of Policing training on controlling or coercive behaviour.<br />

In order to monitor compliance <strong>against</strong> the legal guidance, decision-making in all identified cases<br />

referred for charging <strong>and</strong> prosecuted between 29 December 2015 <strong>and</strong> 29 February 2016 will be<br />

analysed in 2016-17.<br />

From 31 December 2015 to 31 March 2016, five prosecutions were completed under the new offence<br />

– two defendants were convicted of the new offence; one was convicted of harassment; one of<br />

common assault <strong>and</strong> one was unsuccessful. The box below outlines some case studies of cases<br />

commencing prosecution under the new offence during 2015-16 77 .<br />

77 Some cases were completed in 2016-17.<br />

33

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