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24 June 2022 / Danielle Reece-Greenhalgh
Issue: 7984 / Categories: Features , Family , Criminal
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Domestic abuse: casting a wider net

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Does the ever-expanding scope of domestic abuse law risk creating confusion & inconsistency in prosecution? Danielle Reece-Greenhalgh investigates
  • While some of the changes brought about by the Domestic Abuse Act 2021 are welcome, others—such as the expansion of the offence of ‘controlling or coercive behaviour’—risk causing inconsistency in sentencing due to the overlap with existing offences.

In the October 2019 edition of Corker Binning’s The Knowledge I wrote about the (then relatively new) offence of controlling or coercive behaviour (CCB) created by the Serious Crime Act 2015 (SCA 2015). I argued that the extraordinarily wide ambit of CCB might result in its abuse by litigants in acrimonious divorce or separation proceedings. Since that article, it is this firm’s experience that the investigation and prosecution of CCB has been a mixed bag. Some allegations of CCB have been meritorious and have rightly resulted in successful convictions. Other allegations of CCB have been nakedly abusive and constructed entirely to achieve a collateral advantage in family or other proceedings.

Room for improvement?

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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