Intro
This question related to the area of domestic violence. Domestic violence means any
incident or pattern of incidents of controlling, coercive or threatening behaviour,
violence or abuse between those aged 16 or over who are or have been intimate
partners or family members regardless of gender or sexuality. The abuse can
encompass but is not limited to psychological, physical, sexual, financial and
emotional. Controlling behaviour is a range of acts designed to make person
subordinate and/or dependent by isolating them from sources of support, exploiting
their resources and capacities for personal gain, depriving them of the means
needed for independence, resistance and escape and regulating their everyday
behaviour. Coercive behaviour is an act or a pattern of acts of assault, threats,
humiliation and intimidation or other abuse that is used to harm, punish, or frighten
their victim. This definition also includes “honour-based violence, female genital
mutilation, and forced marriage, and is clear that victims are not confined to one
gender or ethnic group (Home Office Circular 3/2013).
Although this definition of domestic violence currently not in any statute, the
Domestic Abuse Bill 2019-2020 has included the same definition as Home Office
Circular 3/2013 which states “A and B are each aged 16 or over and are personally
connected to each other, and the behaviour is abusive. The abuse can encompass
but is not limited to psychological, physical, sexual abuse, financial, emotional,
economic abuse and it does not matter whether the behaviour consists of a single
incident or a course of conduct.
R’s conduct toward P and the children may be labelled as abusive as per
under the Home Office Circular 3/2013 where he check her phone bill,…
Further, in Yemshaw v London Borough of Hounslow, Lady Hale gave leading
judgement as to the meaning of violence in S177(1) of Housing Act 1996 which
includes physical violence, threatening or intimidating behaviour and any other
form of abuse which, directly or indirectly, may give rise to the risk of harm.
Lady Hale said physical violence is not the only natural meaning of the word
violence. Another natural meaning is strength or intensity of emotion, fervour,
passion”.
Criminal Protection
Since R has punched P, she is advice to file a police report immediately so as to
bring the matter to the attention of the police and get a medical treatment for the
injuries sustained and document the incident. Police may charge R with the following
criminal offence.
OAPA – fear / injuries
, R may be charge under actual bodily harm under S47 Offence Against Person Act
1861 (OAPA) or if the injury result in grievous bodily harm or wound then charge
under S20 or S18 of OAPA.
CA 2004 – corporal punishment /chastisement / injuries under 16
Under English common law, parents are protected if they administer punishment
which is moderate and reasonable in the circumstances. R might argue that he was
discipling the children.
According to S58 of the Children Act 2004 which implemented to ensure that
reasonable chastisement could no longer be used as a defence for injuring the child
where there was a charge under S47, S20 or S18 of the OAPA 1861. Thus, R
cannot use reasonable chastisement as a defence. However, it is noted that S58
does not cover for the offence of common law assault and battery and accordingly.
CAYPA - cruelty under 16
S76 (3) Don’t not apply to perpetrated against child under 16 by someone aged 16 or
over who has responsibility for than child, because it already covers such behaviour
in S1 of Children and Young Persons Act 1933 as amended by S66 of 2015 act.
SCA – controlling / coercive
Since at the time of R’s behaviour, S76(2)
(a) R is in an intimate personal r/ship with P; or
(b) R and P live together and
(i) they are member of the same family; or
(ii) they have previously been in an intimate personal relationship with
each other.
S76(6) member of the same family means–
(a) they are, or have been, married to each other
(b) they are, or have been, civil partners of each other
(c) they are relatives
(d) they have agreed to marry one another (whether or not the agreement has been
terminated)
(e) they have entered into a civil partnership agreement (whether or not the
agreement has been terminated)
(f) they are both parent of the same child
(g) they have, or have has, parental responsibility for the same child
This question related to the area of domestic violence. Domestic violence means any
incident or pattern of incidents of controlling, coercive or threatening behaviour,
violence or abuse between those aged 16 or over who are or have been intimate
partners or family members regardless of gender or sexuality. The abuse can
encompass but is not limited to psychological, physical, sexual, financial and
emotional. Controlling behaviour is a range of acts designed to make person
subordinate and/or dependent by isolating them from sources of support, exploiting
their resources and capacities for personal gain, depriving them of the means
needed for independence, resistance and escape and regulating their everyday
behaviour. Coercive behaviour is an act or a pattern of acts of assault, threats,
humiliation and intimidation or other abuse that is used to harm, punish, or frighten
their victim. This definition also includes “honour-based violence, female genital
mutilation, and forced marriage, and is clear that victims are not confined to one
gender or ethnic group (Home Office Circular 3/2013).
Although this definition of domestic violence currently not in any statute, the
Domestic Abuse Bill 2019-2020 has included the same definition as Home Office
Circular 3/2013 which states “A and B are each aged 16 or over and are personally
connected to each other, and the behaviour is abusive. The abuse can encompass
but is not limited to psychological, physical, sexual abuse, financial, emotional,
economic abuse and it does not matter whether the behaviour consists of a single
incident or a course of conduct.
R’s conduct toward P and the children may be labelled as abusive as per
under the Home Office Circular 3/2013 where he check her phone bill,…
Further, in Yemshaw v London Borough of Hounslow, Lady Hale gave leading
judgement as to the meaning of violence in S177(1) of Housing Act 1996 which
includes physical violence, threatening or intimidating behaviour and any other
form of abuse which, directly or indirectly, may give rise to the risk of harm.
Lady Hale said physical violence is not the only natural meaning of the word
violence. Another natural meaning is strength or intensity of emotion, fervour,
passion”.
Criminal Protection
Since R has punched P, she is advice to file a police report immediately so as to
bring the matter to the attention of the police and get a medical treatment for the
injuries sustained and document the incident. Police may charge R with the following
criminal offence.
OAPA – fear / injuries
, R may be charge under actual bodily harm under S47 Offence Against Person Act
1861 (OAPA) or if the injury result in grievous bodily harm or wound then charge
under S20 or S18 of OAPA.
CA 2004 – corporal punishment /chastisement / injuries under 16
Under English common law, parents are protected if they administer punishment
which is moderate and reasonable in the circumstances. R might argue that he was
discipling the children.
According to S58 of the Children Act 2004 which implemented to ensure that
reasonable chastisement could no longer be used as a defence for injuring the child
where there was a charge under S47, S20 or S18 of the OAPA 1861. Thus, R
cannot use reasonable chastisement as a defence. However, it is noted that S58
does not cover for the offence of common law assault and battery and accordingly.
CAYPA - cruelty under 16
S76 (3) Don’t not apply to perpetrated against child under 16 by someone aged 16 or
over who has responsibility for than child, because it already covers such behaviour
in S1 of Children and Young Persons Act 1933 as amended by S66 of 2015 act.
SCA – controlling / coercive
Since at the time of R’s behaviour, S76(2)
(a) R is in an intimate personal r/ship with P; or
(b) R and P live together and
(i) they are member of the same family; or
(ii) they have previously been in an intimate personal relationship with
each other.
S76(6) member of the same family means–
(a) they are, or have been, married to each other
(b) they are, or have been, civil partners of each other
(c) they are relatives
(d) they have agreed to marry one another (whether or not the agreement has been
terminated)
(e) they have entered into a civil partnership agreement (whether or not the
agreement has been terminated)
(f) they are both parent of the same child
(g) they have, or have has, parental responsibility for the same child
