Coercive and Controlling Behaviour

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Q&A on English Law: Coercive and Controlling Behaviour – Section 76, Serious Crime Act 2015

What is coercive and controlling behaviour under English law?

Coercive and controlling behaviour refers to a pattern of actions designed to harm, punish, or frighten a victim. It is a criminal offence under Section 76 of the Serious Crime Act 2015. The law applies to behaviour occurring within intimate or family relationships, where the offender exerts power over the victim, isolating or controlling their daily life, causing physical, emotional, or psychological harm.

The offence involves repeated or continuous behaviour that causes the victim to fear violence or makes them feel alarmed, distressed, or degraded.

 What types of actions can be considered coercive or controlling behaviour?

Examples of coercive or controlling behaviour include:

- Isolating the victim from friends, family, or support networks

- Monitoring the victim’s movements or communication

- Financial control, such as restricting access to money or resources

- Humiliation or degrading treatment

- Threats of harm or violence

- Enforcing rules or restrictions limiting the victim's freedom, such as dictating clothing or sleep schedules

- Gaslighting, making the victim doubt their own reality or perceptions

Who can be a victim of coercive and controlling behaviour?

Victims can include intimate partners, ex-partners, or family members. The law typically applies to relationships where the offender has an ongoing personal connection with the victim, such as:

- Spouses or cohabiting partners

- Boyfriends/girlfriends or ex-partners

- Family members like parents or siblings

The law is applicable regardless of gender or sexual orientation.

What is required to prove coercive and controlling behaviour in court?

To secure a conviction, the prosecution must show that the defendant engaged in repeated or continuous behaviour that:

- Had a serious effect on the victim, causing them to fear violence on at least two occasions or causing them significant distress that negatively impacted their daily life

- The defendant knew or ought to have known their behaviour would have this effect

- The parties were personally connected (through an intimate or family relationship)

The behaviour must be ongoing, not isolated incidents.

What is the penalty for coercive and controlling behaviour?

Coercive and controlling behaviour is a serious offence that can be prosecuted in both magistrates’ and Crown Courts. Penalties include:

- Up to 5 years imprisonment in the Crown Court

- A fine, or both imprisonment and a fine

- A restraining order to protect the victim from further abuse

Sentencing depends on the severity of the behaviour and its impact on the victim.

Can coercive and controlling behaviour be prosecuted even if there is no physical violence?

Yes, physical violence is not necessary to prosecute coercive and controlling behaviour. Psychological and emotional abuse, as long as it severely impacts the victim's autonomy or well-being, is sufficient for prosecution.

What defences are available to someone accused of coercive and controlling behaviour?

Possible defences include:

- Lack of intent: The defendant may argue they did not intend for their behaviour to be coercive or controlling.

- Reasonableness: The defendant might claim their actions were reasonable under the circumstances, for example, if enforcing rules to protect a child.

- No serious effect: The defence could argue that the behaviour did not cause the victim significant harm or distress.

Each case depends on the specific circumstances.

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What protections are available to victims of coercive and controlling behaviour?

Victims are entitled to various protections and support, including:

- Restraining orders to prevent further contact or harassment

- Non-molestation and occupation orders under the Family Law Act 1996

- Access to domestic violence support services, including shelters, legal aid, and counselling

- Police assistance, including emergency Domestic Violence Protection Notices (DVPNs) and Domestic Violence Protection Orders (DVPOs)

Victims are encouraged to report abuse and seek help from law enforcement and domestic abuse support organisations.

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Is coercive control recognised as domestic abuse under English law?

Yes, coercive and controlling behaviour is recognised as a form of domestic abuse. The Domestic Abuse Act 2021 further strengthens protections for victims and addresses coercive control within the broader framework of domestic violence and abuse prevention.

Can coercive control charges be brought against an ex-partner?

Yes, coercive and controlling behaviour can be prosecuted even after a relationship has ended, as long as the behaviour continues and there remains a personal connection between the parties, and it has a serious effect on the victim.

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Disclaimer

The information provided in this Q&A offers a general overview of coercive and controlling behaviour under English law, covering key aspects such as its definition, proof, defences, and penalties. It is not intended as legal advice. For specific guidance or legal advice regarding your situation, please consult a qualified legal professional.