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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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