Session 2014 - 15
Internet Publications
Other Bills before Parliament




House of Commons


Notices of Amendments


given on


Wednesday 7 January 2015


For other Amendment(s) see the following page(s):


Serious Crime Bill [Lords] Committee 1-2


Public Bill Committee


Serious Crime Bill [Lords]


Mr Elfyn Llwyd




To move the following Clause



“Offences of coercive control and domestic violence



Any person who commits an act of or engages in a course of conduct that amounts


to coercive control in a domestic setting shall be guilty of an offence.



A person guilty of an offence under this section is liable—



on summary conviction to a community order or imprisonment for a term


not exceeding 12 months or a fine not exceeding level 5 on the standard


scale; or



on conviction on indictment to a community order or term of


imprisonment not exceeding 14 years or a fine not exceeding the


statutory maximum.



The Secretary of State shall by regulations—



set out matters that the court must take into account when determining


whether to refer the matter to the Crown Court;



require a court, local authority or other public body not to disclose the


current address or postcode of the victim of an alleged offence under


subsection (1) if, in the court’s view, it would place the victim at risk of


harm by the alleged perpetrator or any other person;



provide the court with the power to require those convicted of an offence


under subsection (1) to successfully complete a domestic violence


programme and/or another appropriate counselling programme as


ordered by the court; and



provide the court with the power to issue domestic violence orders under


section 28 of the Crime and Security Act 2010 to those convicted of an


offence under subsection (1).


Notices of Amendments:                               



, continued



Regulations under this section shall be made by statutory instrument and may not


be made unless a copy has been laid in draft before, and approved by, both Houses


of Parliament.”


Mr Elfyn Llwyd




To move the following Clause



“Prosecution of offences of coercive control



The prosecution of any person under the terms of New Clause [Offences of


coercive control and domestic violence] shall not be the subject of statutory time




Mr Elfyn Llwyd




To move the following Clause



“Definition of domestic violence



For the purposes of this Act, “Domestic Violence” means—



controlling, coercive or threatening behaviour;



physical violence; or



abuse, including but not limited to, psychological, physical, sexual,


financial or emotional abuse between those aged 16 or over who are or


have been intimate partners or family members regardless of gender or





For the purposes of the definition in subsection (1)—


“coercive controlling behaviour” shall mean a course of conduct, knowingly


undertaken, making a 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 or threatening behaviour” means a course of conduct that


knowingly causes the victim or their child or children to—



fear that physical violence will be used against them;



experience serious alarm or distress which has a substantial


adverse effect on the victim’s day-to-day activities.



For the purposes of subsection (2) a person shall be deemed to have undertaken a


course of conduct knowingly if a reasonable person in possession of the same


information would conclude that the individual ought to have known that their


course of conduct would have the effect in subsection 2(a) or (b).”


Mr Elfyn Llwyd




To move the following Clause



“Domestic violence: policies, standards and training



The Secretary of State shall require every police service in England, Wales and


Northern Ireland to develop, adopt, publish and implement written policies and


standards for officers’ responses to coercive control and domestic violence


incidents within one year of this Act coming into force.


Notices of Amendments:                               



, continued



The purpose of the policies required under subsection (1) shall be to ensure that


police forces prioritise cases of domestic violence involving coercive control as


serious criminal offences.



The purpose of the standards required under subsection (2) shall be to ensure—



a minimum level of information and support for victims of alleged


domestic violence; and



all police officers involved in domestic violence cases shall have had


appropriate training in domestic violence behaviours.



In developing these policies and standards each police service shall consult with


local domestic violence experts and agencies.”



© Parliamentary copyright
Revised 8 January 2015