Criminalising coercive control in domestic violence cases: Should Scotland follow the path of England and Wales?

This article provides an analysis of s. 76 Serious Crime Act 2015 that entered into force on 29th December 2015 in England and Wales and creates the offence of coercive or controlling behaviour in an intimate or family relationship. In particular it is argued that whilst steps have been taken to develop substantive law where there was an evident gap in respect of the behaviour and harm involved in many instances of domestic violence, the new offence is likely to prove challenging to apply. The article considers the Scottish legal system’s substantive criminal law concerning domestic abuse and the draft offence of domestic abuse in Scottish Government Consultation Paper, A Criminal offence of domestic abuse (2015).