Moved by
Baroness Lister of Burtersett
45: Before Clause 65, insert the following new Clause—
“Controlling or coercive behaviour
Controlling or coercive behaviour in an intimate or family relationship
(1) Section 76 of the Serious Crime Act 2015 (offence of controlling or coercive behaviour in an intimate or family relationship) is amended as follows.
(2) In subsection (1)(b), after “personally connected” insert “(see subsection (6))”.
(3) Omit subsection (2).
(4) For subsection (6) substitute—
“(6) A and B are “personally connected” if any of the following applies—
(a) they are, or have been, married to each other;
(b) they are, or have been, civil partners of each other;
(c) they have agreed to marry one another (whether or not the agreement has been terminated);
(d) they have entered into a civil partnership agreement (whether or not the agreement has been terminated);
(e) they are, or have been, in an intimate personal relationship with each other;
(f) they each have, or there has been a time when they each have had, a parental relationship in relation to the same child (see subsection (6A));
(g) they are relatives.
(6A) For the purposes of subsection (6)(f) a person has a parental relationship in relation to a child if—
(a) the person is a parent of the child, or
(b) the person has parental responsibility for the child.”
(5) In subsection (7), for “subsection (6)” substitute “subsections (6) and (6A)”.”
Member’s explanatory statement
This new Clause would align the definition of “personally connected” in section 76 of the Serious Crime Act 2015 with that in Clause 2 of the Bill. The result is that the offence under that section of engaging in controlling or coercive behaviour would apply in relation to members of the same family, or people who have been in an intimate relationship, whether or not they live together.