DAA 2021
Domestic Abuse Act 2021
Created a statutory definition of domestic abuse, made non-fatal strangulation a specific offence, and extended controlling/coercive behaviour to ex-partners.
Self-test
Sections
Section 1 — Definition of domestic abuse
Behaviour by A toward B is domestic abuse where both are aged 16+, are personally connected, and the behaviour is abusive (physical/sexual, threats, controlling/coercive, economic, psychological/emotional).
- Personally connected = married/civil partners (incl. former), engaged, intimate personal relationship, parents of same child, relatives.
- Children under 18 who see/hear/experience the effects are also victims.
Section 70 — Non-fatal strangulation / suffocation
Inserts s.75A into the Serious Crime Act 2015. Offence to intentionally strangle another person, or do any other act that affects their ability to breathe and constitutes battery.
- Either-way — max 5 years on indictment.
- No requirement to prove injury.
- Defence of consent NOT available where serious harm caused.
s.76 Serious Crime Act 2015 — Controlling or coercive behaviour
Repeatedly or continuously engaging in controlling or coercive behaviour toward someone you are personally connected to, where the behaviour has a serious effect on the victim and you know or ought to know it.
- Either-way — max 5 years on indictment.
- Extended by DAA 2021 s.68 to cover ex-partners and family members no longer living together.
- Look for patterns: isolation, monitoring, financial control, threats, micro-management.