Controlling and coercive behaviour refers to a pattern of abuse designed to exert control over an individual and restrict their freedom and autonomy. It is a criminal offence under Section 76 of the Serious Crime Act 2015, which defines and criminalises a range of related behaviours in intimate or family relationships. A coercive behaviour offence can be associated with severe penalties, in reflection of the impact that abusive behaviour can have on victims.

If you are accused of coercive or controlling behaviour, there can be significant consequences. These include a maximum penalty of up to five years' imprisonment, an unlimited fine, or community-based penalties like community orders that require the offender to undertake rehabilitative or punitive activities. Even if you are not convicted, the accusation can do significant damage to your reputation. As such, it is vital to secure expert legal representation at your earliest opportunity so as to protect yourself from a coercive control or coercive behaviour offence.

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.

What does the offence of controlling or coercive behaviour involve?

The offence of controlling or coercive behaviour in England and Wales is defined under Section 76 of the Serious Crime Act 2015. It applies to intimate or family relationships and criminalises behaviour intended to harm, exploit, or dominate an individual through control or coercion. This can include acts or behaviours that:

• Are repeated or continuous.
• Occur between individuals who are personally connected, such as partners, ex-partners, or family members.
• Have a serious effect on the victim, such as causing them to fear that violence will be used against them on at least two occasions, or causing serious alarm or distress that significantly impacts their day-to-day life.
• The perpetrator knows, or ought to know, will have such an effect.

The legislation applies to individuals aged 16 or over who are or have been in an intimate relationship, or who live together and are family members.

Behaviours that fulfil all of the above criteria may be considered controlling or coercive behaviour. Because controlling behaviour is different from coercion or coercive control, it is possible to break down further the types of activities that may represent a criminal offence under the law.

Controlling behaviour

Controlling behaviour involves actions aimed at subjugating the victim. Examples include:

• Isolating the victim from friends, family, or support networks.
• Monitoring or controlling their daily activities, such as where they go or who they see.
• Restricting access to financial resources or employment.
• Regulating their use of phones, social media, or other communications.

Coercive behaviour

Coercive behaviour refers to acts of intimidation or threats intended to harm or frighten a victim with whom the perpetrator is in an intimate personal relationship. Examples include:

• Threats of violence or harm against the victim or others.
• Making the victim feel humiliated or degraded.
• Enforcing trivial demands or rules.
• Using threats or manipulation to make the victim dependent on the perpetrator.

The behaviours that can fall under this category include many times of domestic abuse, economic abuse and other forms of control. As we have noted, the potential penalties for the offence of controlling or coercive behaviour can be severe, including a maximum sentence of five years' imprisonment and an unlimited fine.

While controlling or coercive behaviour is a specific offence, it often overlaps with other criminal acts. The offence is part of a broader legal framework aimed at addressing domestic abuse and safeguarding victims, which means that it complements existing laws such as those covering harassment, stalking, and physical violence. This means that you may be accused of other offences alongside controlling or coercive behaviour, including:

• Assault (physical violence)
• Threats to kill or harm
• Harassment or stalking
• Criminal damage (destroying the victim’s property)
• False imprisonment (preventing the victim from leaving a location)

Penalties for these offences may include those described above, but those who are found guilty (or plead guilty) may be issued a restraining order to protect the victim, or face additional penalties for these further criminal activities.