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Hi guys,
In the serious crime act 2015 where it creates the offence of coercive and controlling behaviour...
A and B are 'personally connected' if:
- they are in an intimate personal relationship; or
- they live together and are either members of the same family; or
- they live together have previously been in an intimate personal relationship with each other
The domestic abuse act 2021 gained royal ascent on 29th April. It substitutes the above with...
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.
Basically i have loads of evidence that I could use but most of it was from mid april, but because we wasnt living together i dont know if i can use it or not as the change didnt come until the domestic abuse act.
Does anybody know if the definition of personally connect can be used retrospectively?
Thanks
Hi
The serious crime act introduction of coercive and controlling behaviour was not retrospective and therefore I don't believe the new leigiation is either.. Its very rare for laws to be retrospective in this country..
However the act is keen to focus on post separation abuse and usually within that there is a historical pattern too of when a couple were together. So I guess u need to go down that route..
Eg although the serious crime act isn't retrospective and the conviction is only for offences after Dec 2015, the courts do consider what happened between the couple prior to that to build a picture of controlling behaviour which has then continued after dec 2015... I've read in many of the case reports where there was a conviction about the victim suffering 15 years of controlling behaviour etc...
So it will be the same for the new legislation too..
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