The ‘coercive control framework’: Making law work for women

Abstract

The potential efficacy of a new offence of coercive control will be determined by the constellation of factors that surround its implementation. Drawing on experiences with s 76 of the Serious Crime Act 2015 (E&W) in England and Wales and the Domestic Abuse (Scotland) Act 2018 (Scot), these factors are identified as: a coherent national strategic framework; an articulation of the current dilemma posed to the justice system by policing domestic violence; centralised coordination by justice professionals; activist pressure from advocacy organisations such as Women’s Aid; and exhibitions of political will. I endorse the comprehensive, bespoke offence crafted in Scotland; however, the cases of Northern Ireland and the Irish Republic also illustrate how meaningful reform can be achieved despite narrow or ambiguous statutory language. I conclude by responding to critics of the new offence as ‘more law’, and by clarifying the definition of coercive control and the underlying value commitments.