Controlling and coercive behaviour describes a pattern of behaviour used to exert power or control over another person in an intimate or family relationship. In England and Wales, it amounts to a criminal offence under section 76 of the Serious Crime Act 2015.

The offence does not depend on physical violence having taken place. It can involve financial control, monitoring, isolation, threats, humiliation or other behaviour that forms part of a repeated or continuous pattern.

If you are accused of controlling or coercive behaviour, early legal advice is vital. The prosecution must establish each part of the legal test from the evidence, which means there is often scope for a strong defence. Here, the experienced coercive and controlling behaviour solicitors at Tyler Hoffman explain how this offence works, what kind of behaviours it covers, and what you can do to defend yourself against an allegation.

Is controlling and coercive behaviour a crime?

Yes. Controlling or coercive behaviour in an intimate or family relationship is a criminal offence under section 76 of the Serious Crime Act 2015.

The offence is committed through repeated or continuous behaviour rather than ordinary disagreements or one isolated incident. A course of behaviour can include different types of conduct, and the court looks at the pattern and its effect on the victim as a whole to determine whether or not a crime has been committed.

For the offence to be made out, the behaviour must take place between people who are personally connected, have a serious effect on the other person, and be behaviour that the accused knew or ought to have known would have that effect.

This means conduct that appears unreasonable, unpleasant or controlling will not automatically satisfy the criminal test. The prosecution has to prove the statutory elements of the offence beyond reasonable doubt.

What does the prosecution have to prove?

For a controlling or coercive behaviour charge to succeed, the prosecution must establish four main elements:

• The behaviour was repeated or continuous. The allegation must involve a pattern of controlling or coercive behaviour rather than a single standalone event.
• The parties were personally connected. This can include current or former partners, spouses, civil partners, certain family members and people who share a parental relationship with the same child.
• The behaviour had a serious effect. This means it either caused the other person to fear violence on at least two occasions, or caused serious alarm or distress that had a substantial adverse effect on their usual day-to-day activities.
• The accused knew or ought to have known the behaviour would have that serious effect. The question is whether a reasonable person with the same information would have known that the behaviour would have that effect.

A substantial adverse effect on everyday life can take many forms. It may involve changes to work, social activities, travel, routines or health. Mental health deterioration may also form part of the evidence relied upon.

The prosecution does not have to show that every alleged act was the same. Different actions can be relied on together where they are said to form a repeated or continuous pattern of coercive control.

What are examples of controlling and coercive behaviour?

Controlling behaviour can involve restricting another person’s independence or regulating aspects of their everyday life. Coercive behaviour refers to threats, intimidation, humiliation or pressure used to frighten or influence them.

Examples include:

• Isolating someone from family members, friends or support networks
• Monitoring their movements, phone use, messages or online activity
• Economic abuse, such as controlling bank accounts, wages, benefits or access to money
• Preventing someone from working, studying or using transport
• Making and enforcing rules about where someone can go, what they can wear or who they can see
• Threatening violence or harm to the person, their children or others
• Repeated humiliation, intimidation or degrading behaviour
• Withholding or destroying immigration documents, or using a person’s insecure immigration status as a means of control
• Restricting access to medical services, medication or support
• Reproductive coercion, such as controlling access to birth control or decisions about pregnancy
• Using child arrangements or child maintenance as a way to exert control

These are examples rather than a checklist. Context matters, and the same act can have a different significance depending on the relationship, what happened before and afterwards, and whether it formed part of a wider pattern, which is required to establish the offence of controlling and coercive behaviour.

Who can the offence apply to?

The offence applies where the people involved are “personally connected” for the purposes of the Serious Crime Act 2015.

This can include people who are or have been married or in a civil partnership, people who have agreed to marry or enter a civil partnership, current or former intimate partners, relatives, and people who each have or previously had a parental relationship in relation to the same child.

The law no longer requires former intimate partners or family members to be living together for the offence to apply to conduct taking place from 5 April 2023 onwards. If an allegation concerns behaviour before that date, the earlier version of the law may be relevant, so the timing of the alleged conduct can matter.

An intimate personal relationship does not necessarily depend on marriage, living together or a sexual relationship. The circumstances of the relationship will be considered when deciding whether the statutory test is met.

What happens if you are accused of coercive control?

An allegation may lead to a police investigation. Depending on the circumstances, you could be arrested or invited to attend a voluntary interview under caution.

The police may gather evidence from a range of sources, including messages, emails, call records, financial information, witness accounts, medical records, photographs, location data and previous reports involving either party. Because the allegation concerns a pattern of behaviour, evidence covering a specific period will be examined.

If you are asked to attend an interview, take legal advice before answering questions. A voluntary interview is still a formal interview under caution, and what you say can become part of the evidence in the case. Our guide to voluntary police interviews explains the process in more detail.
Our solicitor will obtain information about the allegation, accompany you to any police interviews and make sure your account is presented clearly. We will also identify evidence that may provide important context or contradict the case being alleged.

Once enquiries are complete, the case may result in no further action, further investigation or a charging decision. If charges are brought, the case can proceed through the criminal courts.

What defences are available to controlling or coercive behaviour allegations?

A defence may involve challenging whether the alleged conduct was genuinely repeated or continuous, whether the parties were personally connected as required by the legislation, or whether the evidence establishes the required serious effect. The defence may also dispute whether the accused knew, or ought to have known, that the conduct would have that effect.

Evidence such as messages, financial records, witness evidence and the wider history may be highlighted to provide context that is missing from an allegation or challenge the way particular events have been presented.

There is also a specific statutory defence in some cases. Where the prosecution relies on serious alarm or distress having a substantial adverse effect on day-to-day activities, it can be a defence to show that the accused believed they were acting in the other person’s best interests and that the behaviour was reasonable in all the circumstances. Once sufficient evidence is raised, the prosecution must disprove that defence beyond reasonable doubt.

This is not a general “reasonable excuse” defence. It is not available where the behaviour is alleged to have caused the other person to fear that violence would be used against them on at least two occasions.

The strength of any defence therefore depends on the exact allegation and evidence. Your solicitor will assess the prosecution’s case as a whole rather than relying on one isolated point.

What is the sentence for controlling or coercive behaviour?

The maximum sentence for controlling or coercive behaviour is five years’ imprisonment, a fine, or both.

For adults, the sentencing guidelines specify penalties ranging from a community order to four years’ custody, although the statutory maximum remains five years. The court assesses both culpability and harm to decide where the case falls within that range.

Factors that can make an offence more serious include behaviour intended to maximise fear or distress, persistent conduct over a prolonged period, the use of several methods of control and conduct intended to humiliate or degrade. The level of harm will also be important, including the extent of fear, distress or psychological harm caused.

The final sentence can also be affected by aggravating and mitigating factors, previous convictions, personal mitigation and any guilty plea. A guilty plea can reduce the sentence in accordance with the relevant guideline, but the amount of any reduction depends on when the plea is entered and the circumstances of the case.

Because the range of possible sentences is wide, the likely outcome cannot be judged from the allegation alone.

Can other offences be charged alongside coercive control?

Allegations of controlling or coercive behaviour can overlap with other criminal offences, and a person may face more than one charge arising from the same relationship or course of conduct.

Depending on the allegations, these could include:

• Assault or other offences involving physical violence
• Threats to kill or cause harm
• Harassment or stalking
• Criminal damage
• Kidnap or false imprisonment
• Sexual offences
• Non-fatal strangulation or suffocation

The prosecution may decide that individual incidents should be charged separately as well as forming part of the alleged controlling or coercive behaviour. This can affect both the complexity of the case and the potential sentencing position if there is a conviction.

Where several offences are under investigation, it is important that the evidence for each allegation is considered separately as well as in the context of the overall case.