Prosecution strategies in AR cases (2) – Counsel

‘A two-part series from Laura Hoyano and John Riley modelling investigation and prosecution strategies in cases of abusive relationship offending: part two of this worked case example looks at the issues arising at trial.’

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Counsel, September 2020

Source: www.counselmagazine.co.uk

Prosecution strategies in AR cases (1) – Counsel

‘A two-part series from Laura Hoyano and John Riley modelling investigation and prosecution strategies in cases of abusive relationship offending. Part one of this worked case example shows the typical challenges, tactics to surmount them, and the need for innovative thinking.’

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Counsel, August 2020

Source: www.counselmagazine.co.uk

Family courts carry out ‘state sanctioned abuse’ of domestic abuse survivors by letting perpetrators see children, commissioner warns – The Independent

‘Family courts are responsible for “state-sanctioned abuse” of domestic abuse victims as they allow violent parents to torment their ex-partners through the legal process, London’s victims commissioner has warned.’

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The Independent, 22nd July 2020

Source: www.independent.co.uk

After Sally Challen, we now have a chance to tackle coercive control – The Guardian

‘The domestic abuse bill offers a once-in-a-generation chance to change our approach says the son of the woman whose conviction for murdering her husband was quashed.’

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The Guardian, 7th June 2020

Source: www.theguardian.com

Relief from Forfeiture following Manslaughter: Challen v Challen [2020] EWHC 1330 (Ch) – Hardwicke Chambers

‘In this recent case, described by the presiding judge HHJ Matthews as “extraordinary [with] a fatal combination of conditions and events”, relief from forfeiture was granted despite the applicant having pleaded guilty to manslaughter with a resulting sentence of over nine years of imprisonment.’

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Hardwicke Chambers, 29th May 2020

Source: hardwicke.co.uk

Coercive Control and the consequences of forfeiture – Challen v Challen [2020] EWHC 1330 – St John’s Chambers

‘Sally Challen’s case has become well known in recent years, as a miscarriage of justice that resulted in a woman spending years behind bars for an offence she did not commit. The facts were not in dispute. In August 2010 she had reconciled with Richard, her partner and husband of forty years, after previously leaving the matrimonial home and starting divorce proceedings. Over lunch, she beat him to death with a hammer. Subsequently dissuaded from committing suicide, she was convicted of his murder and sentenced to life imprisonment, with the prosecution describing her as jealous and possessive, and the jury rejecting her defence of diminished responsibility. In 2019 the Court of Appeal allowed her appeal, quashed her conviction, and directed a re-trial to reconsider the defences of diminished responsibility and provocation, in the light of new expert evidence about the effect of coercive control in a relationship. Richard had behaved appallingly towards Slly during their relationship. Finally in September 2019 the Crown accepted the plea that Sally Challen had offered throughout, that of guilty to manslaughter by reason of diminished responsibility. Edis J sentenced her to 9 years and 4 months imprisonment, with the effect that she was immediately released.’

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St John's Chambers, 28th May 2020

Source: www.stjohnschambers.co.uk

Sally Challen can inherit controlling husband’s estate, rules judge – The Guardian

‘A woman who won an appeal over her conviction for murdering her controlling husband can inherit his estate, a judge has ruled.’

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The Guardian, 27th May 2020

Source: www.theguardian.com

Prosecuting Domestic Violence – New Law Journal

‘On Saturday 15 February, Caroline Flack’s tragic death became widespread news across the country. Having been charged with common assault of her boyfriend, Lewis Burton, she pleaded not guilty on 23 December last year and was due to face trial on 4 March. On the same day that she took her life, a statement from Ms Flack’s management strongly criticised the Crown Prosecution Servce (CPS) for pursuing the case, citing its knowledge of her vulnerability and the lack of support from the alleged victim.’

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New Law Journal, 26th March 2020

Source: www.newlawjournal.co.uk

Domestic abuser jailed after landmark appeal by solicitor general – The Guardian

‘A violent domestic abuser has been imprisoned for three years after the solicitor general successfully challenged his previous sentence in a landmark case at the court of appeal.’

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The Guardian, 25th February 2020

Source: www.theguardian.com

Domestic Abuse – Are Outdated Misconceptions Still Prevalent in the Legal System? – Becket Chambers

‘This article explores the issue of domestic abuse in the appeal of Re H v F [2020].’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

A novel approach to Get refusal: the use of the offence of coercive control to obtain a religious divorce – Oxford Human Rights Hub

Posted February 12th, 2020 in coercive & controlling behaviour, divorce, human rights, Judaism, marriage, news, women by sally

‘For Jewish women, obtaining a religious divorce (Get) can be life-changing. Women denied a Get are considered ‘chained’ to their husband, preventing them from re-marrying within the faith (whilst not affecting the husband’s ability to re-marry). The power to grant the Get is usually considered the unilateral right of the husband. Because a purely religious marriage is not recognised in England as a civil marriage, women have little recourse to the courts. So, what happens when a husband refuses to grant a religious divorce to his wife? For these women, their human rights to manifest their religion and to enter into marriages are denied, such that they cannot live fully as both religious individuals and bearers of human rights. However, a novel approach to this problem, a private prosecution for coercive control, could offer Jewish women an alternative avenue to protect their human rights.’

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Oxford Human Rights Hub, 4th February 2020

Source: ohrh.law.ox.ac.uk

Jessica Breeze cleared of father’s murder after ‘years of violence’ – BBC News

Posted February 4th, 2020 in coercive & controlling behaviour, domestic violence, homicide, news by sally

‘A woman who stabbed her “controlling” father after suffering years of abuse has been found not guilty of his murder and manslaughter.’

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BBC News, 3rd February 2020

Source: www.bbc.co.uk

“No” means No. – JH v MF [2020] EWHC 86 (Fam): An Appeal from the Central Family Court – 5 SAH

‘This case, JH v MF [2020] EWHC 86 (Fam) was an appeal from the Central Family Court following a fact-finding trial before HHJ Robin Tolson QC in proceedings for a child arrangements order. The appellant mother (JH) had alleged domestic abuse, including two allegations of rape. She was represented by a barrister and the respondent father (MF) was unrepresented but supported by a McKenzie friend.’

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5 SAH, 23rd January 2020

Source: www.5sah.co.uk

Coercive control post-Challen – Counsel

Posted January 9th, 2020 in coercive & controlling behaviour, domestic violence, murder, news by sally

‘Crucial perspective and points of alert for practitioners defending and prosecuting cases involving abused women who have killed.’

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Counsel, January 2020

Source: www.counselmagazine.co.uk

Son jailed for bullying his mother and step-father in rare use of law preventing controlling and coercive behaviour – Daily Telegraph

‘A son has been jailed for bullying his mother and step-father in a rare use of a law that prevents controlling and coercive behaviour.’

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Daily Telegraph, 8th January 2020

Source: www.telegraph.co.uk

Sally Challen case: ‘Mum killed Dad but we get to be happy again at Xmas’ – BBC News

Posted December 6th, 2019 in appeals, coercive & controlling behaviour, domestic violence, murder, news by sally

‘Sally was originally found guilty of murder but successfully appealed against her conviction.’

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BBC News, 6th December 2019

Source: www.bbc.co.uk

Coercive control incidents double in a year, as campaigners warn domestic abuse “remains at epidemic levels” – Daily Telegraph

Posted November 26th, 2019 in coercive & controlling behaviour, domestic violence, news, statistics by tracey

‘Coercive control reports to police have doubled within a year, new figures reveal, as campaigners warn that the true extent of the crime is only just starting to be recognised.’

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Daily Telegraph, 25th November 2019

Source: www.telegraph.co.uk

What is coercive control and why is it so difficult to recognize? – OUP Blog

‘Engaging in controlling and/or coercive behaviour in intimate or familial relationships became a new criminal offence in England and Wales in December 2015. Coercive Control involves a pattern of abuse that is used to harm, punish, or frighten the victim. Example behaviours included in this legislation are isolation from friends and family, deprivation of basic needs, monitoring behaviour and time, controlling a victim’s life and/or finances, and may include physical violence. The introduction of this offence was welcomed for recognising the cumulative impact of various forms of domestic abuse and for encouraging police and other criminal justice agencies to move beyond an incident-led and physical violence-based understanding of domestic abuse. However, four years on since the legislation was enacted and with no compulsory national level training or support, what has actually changed?’

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OUP Blog, 25th November 2019

Source: blog.oup.com

Domestic Abuse Bill Falls Ahead Of General Election – Rights Info

‘A landmark bill seeking to “transform” the UK’s response to the “terrible crime” of domestic abuse has fallen as Parliament prepares to dissolve ahead of the snap general election on 12 December.’

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Rights Info, 1st November 2019

Source: rightsinfo.org

Police failing to record thousands of crimes including harassment, stalking, and coercive behaviour, watchdog finds – Daily Telegraph

‘Police forces are failing to record thousands of crimes, including harassment, stalking, and coercive behaviour, a watchdog has found. New figures show a gap between the number of incidents that are reported and the number of incidents that are then logged appropriately.’

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Daily Telegraph, 8th October 2019

Source: www.telegraph.co.uk