The Offence: Section 76, Serious Crime Act 2015
Controlling or coercive behaviour is a criminal offence under section 76 of the Serious Crime Act 2015. It is defined as a pattern of acts — such as threats, humiliation, or isolation — used to make a victim subordinate or dependent. Unlike assault, this offence does not require physical violence; it targets the systematic erosion of a person's autonomy.
The offence is designed to address abuse that operates through patterns of behaviour rather than discrete incidents. A single act will not ordinarily suffice. The prosecution must establish a course of conduct, the effect that conduct had on the victim, and that the defendant knew or ought to have known the effect it would have.
Who Can Be Prosecuted
The Domestic Abuse Act 2021 widened the definition of those who can be prosecuted. The offence applies to intimate partners, current or former, regardless of whether they live together, and to family members, even if they reside in separate households.
This expansion means that post-separation disputes — often involving child contact or financial settlements — can engage the criminal law. The law applies to any personal connection within the definition set out in the Domestic Abuse Act 2021.
The 'Serious Effect' Requirement
For the offence to be made out, the prosecution must prove that the course of conduct had a serious effect on the victim. This means either:
- The victim feared, on at least two occasions, that violence would be used against them; or
- The behaviour caused the victim substantial adverse effect on their usual day-to-day activities — for example, stopping work, changing routines, or withdrawing from family and social contact.
Statutory Defence
Section 76(8) of the Serious Crime Act 2015 provides a statutory defence. A defendant may avoid conviction if they can show that they acted in the best interests of the victim and that their behaviour was objectively reasonable in the circumstances. This defence may be relevant in cases where a defendant was managing a partner's health, welfare, or safety.
Evidence in These Cases
Cases of controlling or coercive behaviour frequently rely on digital evidence, including text messages, emails, WhatsApp conversations, and social media activity. Prosecutors may seek to use selected communications to establish a pattern. However, the full context of all communications between the parties is relevant. Communications showing the complainant's participation in, or initiation of, the conduct complained of may be material to the defence.
Witness evidence, employment records, and social media activity may also be relevant to whether the required serious effect on daily life has been established.
Sentencing
Sentencing is guided by the Sentencing Council guidelines, which require assessment of culpability and harm. The duration of the behaviour and the severity of the effect on the victim are central considerations. Aggravating factors include the use of children, isolation of the victim, and financial control.
| Court | Maximum Penalty | Standard Ancillary Orders |
|---|---|---|
| Magistrates' Court | 12 months' custody | Restraining Order |
| Crown Court | 5 years' custody | Building Better Relationships (BBR) Programme |
What to Do if You Are Under Investigation
If you are arrested or under investigation for controlling or coercive behaviour, do not speak to the police without a solicitor present. You have an absolute right to free, independent legal advice at the police station, and exercising that right cannot be used against you.
The pre-charge stage is often decisive. Early legal intervention allows representations to be made to the Crown Prosecution Service before any charging decision, challenging either the sufficiency of the evidence or whether a prosecution is in the public interest. Where the allegations arise in the context of family proceedings, the intersection between the criminal and family courts requires careful and specialist management.