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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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