Coercive control and controlling behaviour guidance

WQ.296/2024

WRITTEN QUESTION TO H.M. ATTORNEY GENERAL

BY DEPUTY L.M.C. DOUBLET OF ST. SAVIOUR QUESTION SUBMITTED ON MONDAY 30th JUNE 2024 ANSWER TO BE TABLED ON MONDAY 7th JULY 2024

Question

"Further to Oral Question 140/2025, regarding guidance on the application of the new domestic abuse offence of coercive control and controlling behaviour, will H.M. Attorney General commit to a review of the effectiveness of the guidance prior to 2028, and if not, why not, and if so, will he –

1. provide information on how data will be collected on the impact and effectiveness of the guidance; and
2. explain how he will ensure local stakeholders and experts are involved in that review?"

Answer

The Domestic Abuse (Jersey) Law 2022 (the "Law") came into force on 21 June 2023. The Law created a new offence of domestic abuse which carries a penalty of up to 5 years' imprisonment and an unlimited fine.

To assist members of the public to understand this new offence, which includes behaviour that is coercive or controlling, I have issued guidance, Domestic Abuse – Guidance on the Law (the "Guidance"). I recognise it is important that this Guidance is effective and serves its purpose. For that reason, I will commit to a review of the Guidance prior to 2028.

1. provide information on how data will be collected on the impact and effectiveness of the guidance

Full consideration will be given to the terms of reference of the review closer to the time but at this stage I would expect that a review may involve the following steps:

1. An assessment of the available quantitative data from the criminal justice system on the number of prosecutions of coercive control and controlling behaviour under the Law.
2. Consultations with complainants at the end of a prosecution on their awareness of the guidance before making a complaint and whether they found the guidance helpful.
3. Data collection from a targeted group of stakeholders involved in delivering domestic abuse support and prevention services.

To support any future review, and to help raise awareness of the new Guidance, the LOD will consider liaising with the States of Jersey Police (the "SOJP") and ask them to alert individuals to the Guidance in circumstances where they consider it is warranted.

2. explain how he will ensure local stakeholders and experts are involved in that review?

The Guidance has been developed to assist the public in understanding what types of conduct may infringe the criminal law. To date the Guidance has had input from leading counsel in England and the Law Officers' Department (the "LOD") will continue to engage the expertise of leading criminal practitioners on what conduct may amount to domestic abuse. Criminal practitioners are well-placed to be abreast of developments in this area of offending and engagement with practitioners in this field will help ensure that the Guidance operates effectively from the perspective of the law.

I also recognise the value of engaging with local stakeholders as part of any review process and I would expect that any future evaluation of the Guidance would invite feedback from a wide range of interested stakeholders.

Full consideration will be given to the terms of reference of the review closer to the time but at this stage I would expect contributions may be sought from all or some of the following:

• SOJP

• The Minister for Justice and Home Affairs

• Jersey Domestic & Sexual Abuse Support

• Victims

• Victims First

• Safeguarding Partnership Board

In the interim, I welcome feedback on the new Guidance from Members of the Assembly should they wish to give it.