A successful prosecution of the controlling or coercive behaviour offence results in criminal justice, but how do we ensure victim-survivors achieve economic justice too?
In some cases, CCB is prosecuted alongside specific forms of economic abuse, including criminal damage, theft and fraud.
In this inaugural episode I am joined by Sam Beckinsale and Emma Chandler to discuss what this means in light of the new Fraud Strategy which was published last month.
Importantly, the new strategy recognises fraud committed by someone known to the victim, including in cases of economic abuse experienced by intimate partners. This is an important step forward.
Together we explore what works in the strategy and where it falls short for victim-survivors of economic abuse. Issues arising include:
➡️ The practice of bringing a charge for fraud alongside a charge for controlling or coercive behaviour and not under it.
➡️ How this process is shaped by the five years maximum prison sentence for CCB in England and Wales, compared to 14 years in Scotland.
➡️ Implications for a) the operation of Claire's Law when a 'right to ask' request is made in cases where a fraud conviction has been secured, but a CCB charge has been dropped or failed and b) decision-making around offender behaviour programmes and interventions.
➡️ Conflicting advice around whether The Proceeds of Crime Act (2002) can be used to recover assets following conviction.
Since the Home Office will lead a dedicated working group on this issue, we hope that our conversation helps informs post-publication discussion and shapes the agenda moving forward.
Edited by Clare Laxton