Marital Coercion Defence to be Repealed

The abolition of the defence of marital coercion has now been confirmed, after an amendment was agreed to a new law passing through Parliament.

The defence allowed a wife to avoid responsibility for a crime where she could show that she acted under the coercion of her husband. The defence is fully explained in this article.

Last week, I noted the announcement that the defence was to be revoked.

The amendment has been made Anti-social Behaviour, Crime and Policing Bill. Amendment 94EA, which was moved by Lord Faulks, inserts a new clause 163 as follows:

“Abolition of defence of marital coercion

(1) The defence of marital coercion is abolished.

(2) Accordingly, section 47 of the Criminal Justice Act 1925 (coercion of married woman by husband) is repealed.

(3) This section does not have effect in respect of an offence alleged to have been committed before the date on which it comes into force.”

It is important to note sub-clause (3), which provides the defence will still be available in those cases where an alleged offence occurs before the date the defence is abolished, even if the trial occurs after the defence is revoked.

Lord Pannick, who initially tabled the amendment, said: ‘I am delighted that this truly idiotic provision of English is at long last to be abolished’.

Meanwhile, the Government has confirmed it is dropping plans in the Anti-social Behaviour, Crime and Policing Bill to replace antisocial behaviour orders (ASBOs) with new injunctions to prevent nuisance and annoyance (IPNAs). It follows widespread concern that they could criminalise any nuisance or annoying behaviour, including peaceful protest, street preachers and even church bellringers and carol singers. Instead, the original test for imposing an ASBO will continue to apply.