Coercive and Controlling Behaviour Offences & Training

​​Request 855794073

Under the Freedom of Information (Jersey) Law, please provide the following information relating to the offence of coercive and controlling behaviour under the Domestic Abuse (Jersey) Law 2022 since it came into force: 

1. The number of reports received by the States of Jersey Police alleging coercive and controlling behaviour, broken down by calendar year. 

2. The number of arrests made for offences of coercive and controlling behaviour, broken down by calendar year. 

3. The number of individuals charged with offences of coercive and controlling behaviour, broken down by calendar year. 

4. The number of prosecutions commenced for offences of coercive and controlling behaviour, broken down by calendar year. 

5. The number of convictions secured for offences of coercive and controlling behaviour, broken down by calendar year. 

6. For each of the figures requested above, please provide a breakdown by: * the gender of the suspect/accused (where recorded); and * the gender of the complainant/victim (where recorded). 

7. If no individuals have been charged or convicted under the offence of coercive and controlling behaviour since the legislation came into force, please confirm this. 

8. If held, please provide any force policy, operational guidance or training documents issued to officers since the Domestic Abuse (Jersey) Law 2022 came into force relating to the investigation of coercive and controlling behaviour.

Response

Coercive and controlling behaviour is a complex form of domestic abuse that typically involves a pattern of behaviour over time rather than a single incident. As a result, investigations often require officers to build a detailed picture of offending from multiple sources of evidence and work closely with partner agencies and specialist support services.

Since the introduction of the offence under the Domestic Abuse (Jersey) Law 2022, States of Jersey Police has provided officers with guidance and training to support the identification, investigation and safeguarding of victims affected by coercive and controlling behaviour.

Decisions relating to charge and prosecution are subject to evidential and legal thresholds. In some cases, victims may be unable to support a criminal prosecution due to the impact of the abuse they have experienced or other personal circumstances. For this reason, report, charge and prosecution figures should be considered in the context of the complexity of these investigations and the wider safeguarding work undertaken to protect victims.

1-7. Please see Table (1) for a breakdown of reports, arrests, charges and prosecutions of people in connection with coercive and controlling behaviour under Article 3(1) of the Domestic Abuse (Jersey) Law 2022. Please note that in cases where there are less than five, the precise number has not been disclosed in order to protect the identity of certain vulnerable individuals. Article 25(2) of the Freedom of Information (Jersey) Law 2011 has therefore been applied.

Table (1).pdf​

8. The requested documents contain operational policing tactics, investigative methodologies and safeguarding procedures used by the States of Jersey Police. Disclosure would be likely to prejudice the prevention and detection of crime, the investigation of offences and the apprehension and prosecution of offenders. The information is therefore exempt under Article 42(a-c) of the Freedom of Information (Jersey) Law 2011.

Articles applied

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

3) In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.

Article 42 - Law enforcement

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –

(a) the prevention, detection or investigation of crime, whether in Jersey or elsewhere;

(b) the apprehension or prosecution of offenders, whether in respect of offences committed in Jersey or elsewhere;

(c) the administration of justice, whether in Jersey or elsewhere;

As Article 42 is a qualified exemption, it is necessary to first conduct a Prejudice Test, and then a Public Interest Test.

Prejudice Test

The requested material comprises operational policing guidance, investigative procedures, officer training content and safeguarding methodologies relating to the investigation of coercive and controlling behaviour offences under the Domestic Abuse (Jersey) Law 2022.

The States of Jersey Police considers that disclosure would be likely to prejudice the prevention and detection of crime and the apprehension and prosecution of offenders.

The documentation contains details of:

• investigative approaches used by officers;

• methods for assessing evidential thresholds;

• safeguarding and risk-assessment processes;

• indicators relied upon to identify offending behaviour;

• investigative decision-making processes;

• operational tactics used when dealing with suspects and victims.

Disclosure would place operational information into the public domain and provide individuals intent on committing offences with insight into how allegations are assessed, investigated and prioritised.

The link between disclosure and prejudice is clear and direct. Individuals involved in coercive and controlling behaviour frequently engage in covert and manipulative conduct designed to avoid detection. Disclosure of investigative methodologies would enable offenders to:

• better understand police investigative techniques;

• adapt their behaviour to avoid detection;

• identify evidential weaknesses;

• manipulate victim engagement and safeguarding processes;

• frustrate investigative opportunities.

The release of such information would therefore reduce the effectiveness of investigative activity and increase the risk that offences remain undetected.

The anticipated prejudice is real, actual and of substance and is not merely hypothetical.

The States of Jersey Police is satisfied that disclosure would be likely to undermine the effectiveness of investigations into domestic abuse offences and could adversely affect the ability of officers to prevent, detect and investigate crime and bring offenders to justice.

Accordingly, Article 42(a-c) is engaged.

The Public Interest Test

Having established that Article 42(a-c) is engaged, the States of Jersey Police has considered whether the public interest in disclosure outweighs the public interest in maintaining the exemption.

Factors Favouring Disclosure

Openness and Transparency

Disclosure would promote transparency regarding how the States of Jersey Police investigates allegations of coercive and controlling behaviour.

Public Understanding

Disclosure may assist the public in understanding the steps taken by the police when dealing with domestic abuse offences and provide reassurance that allegations are investigated appropriately.

Accountability

There is a public interest in enabling scrutiny of police policies, training and operational procedures to ensure they are effective, proportionate and compliant with relevant legislation.

Factors Favouring Maintaining the Exemption

Effective Law Enforcement

There is a strong public interest in ensuring that policing tactics, investigative methodologies and operational procedures remain effective. Disclosure could assist offenders in identifying investigative triggers, evidential requirements and safeguarding approaches, thereby reducing the effectiveness of law enforcement activity.

Protection of Victims

Investigations into coercive and controlling behaviour often involve vulnerable victims and highly sensitive circumstances. Disclosure of operational procedures could undermine victim safeguarding measures and negatively affect the ability of officers to identify, protect and support those at risk.

Prevention and Detection of Crime

There is a substantial public interest in ensuring that the States of Jersey Police retains the ability to investigate offences effectively and bring offenders before the courts. Releasing

detailed investigative material may hinder those functions and reduce the ability of the police to prevent and detect crime.

The public expects law enforcement agencies to maintain effective operational capabilities.

The disclosure of investigative methodologies carries a risk that individuals may exploit knowledge of police processes in order to evade detection or prosecution.

Conclusion

Whilst the States of Jersey Police recognises the public interest in transparency and accountability, this is met to some extent through published legislation, publicly available policing information and wider governance and oversight arrangements.

The States of Jersey Police considers that disclosure of the requested material would be likely to prejudice the prevention and detection of crime and the apprehension and prosecution of offenders.

The public interest in protecting the effectiveness of law enforcement activities, safeguarding vulnerable victims and maintaining operational capability is considered substantially greater than the public interest in disclosure.

The balance of the public interest therefore favours maintaining the Article 42(a-c) exemption.​