Coercive and controlling behaviour is an offence in the UK that can arise within intimate or family relationships. It refers to situations in which one person repeatedly or continuously exerts power over another in a way that causes fear, distress, or harm, and can be applied to a range of behaviours that are designed to impose coercive control over someone else.

Coercive or controlling behaviour is a criminal offence under section 76 of the Serious Crime Act 2015. However, the details of what makes this type of behaviour a crime or how it can result in legal penalties are not always clear. It is important to remember that anyone who has been accused of a coercive or controlling behaviour offence has the right to a legal defence, and it can help to understand the actions and behaviours that are governed by this legislation. 

In this blog post, the expert criminal defence solicitors at Tyler Hoffman explain what controlling or coercive behaviour may involve, how you can defend yourself against allegations of this nature, and what the potential legal consequences can be if you are found guilty.

What does controlling or coercive behaviour involve?

The law defines coercive or controlling behaviour as a pattern of actions intended to dominate or isolate a victim. This pattern aspect is important, as it means that the behaviours listed below must have happened on at least two occasions. A single accident cannot count as coercive and controlling behaviour that represents a criminal offence.

The actions that may be considered coercive control include:

• Isolation from support networks: preventing contact with friends, family, or professionals.
• Financial control: restricting access to money or making financial decisions on behalf of the victim.
• Monitoring and surveillance: tracking movements, checking devices, or using spyware.
• Threats and intimidation: instilling fear through verbal abuse, implied or explicit threats.
• Deprivation of independence: dictating where the victim can go, what they can wear, or whether they can work.
• Gaslighting: making the victim doubt their perception of reality.
• Humiliation or degradation: enforcing rules that belittle or control the victim’s self-esteem.
• Physical violence or threats of violence: while coercion does not always involve physical abuse, it often includes threats or intimidation.

However, as we have noted, engaging in any of these behaviours once is not enough to represent controlling or coercive behaviour and should not result in a charge under this law. Instead, for a coercive or controlling behaviour charge to be prosecuted, the circumstances must meet all of the following requirements:

• The behaviour is repeated or continuous.
• The perpetrator and victim are personally connected (for example, they are spouses, partners, ex-partners, or family members).
• The behaviour causes the victim serious alarm or distress that affects their daily life.
• The perpetrator knows or ought to know that their behaviour would have this effect.

If the accused does not have an intimate personal relationship with the victim or the prosecution cannot establish a pattern of behaviour, this can act as a defence.

What is the criminal justice process for those accused of controlling or coercive behaviour?

Because coercive or controlling behaviour is a criminal offence in England and Wales, the Crown Prosecution Service may decide to take action against someone who is accused of a pattern of coercive control and related behaviours. The law applies regardless of whether the victim and perpetrator still live together. The prosecution does not need to prove that physical violence took place, as psychological and emotional harm alone can be sufficient.

A conviction is punishable by up to five years’ imprisonment, a fine, or both. The prosecution may highlight elements like the use of violence, impact on children, prolonged abuse, or use of online communication tools for control as aggravating factors to push for the maximum penalty. Victims can also seek protective orders, including Domestic Violence Protection Orders and Non-Molestation Orders. The offence is prosecuted under domestic abuse legislation, which means courts consider the wider impact of the behaviour on victims.

As such, it is vital to seek legal guidance at your earliest opportunity if you are suspected or accused of controlling and coercive behaviour. The criminal justice system can be very difficult for those who are alleged to have committed acts of domestic abuse, but you have the right to a legal defence and you should take advantage of this option. Even if you intend to plead guilty, an expert solicitor can present mitigating circumstances and make sure your sentence is fair.

Are there defences to a charge of coercive or controlling behaviour?

Anyone accused of controlling or coercive behaviour has the right to a defence, and there are several potential defences available depending on your circumstances. Your solicitor will advise you on the approach that is most suitable for your circumstances, but if you are accused of this offence, it may be possible to argue the following:

• The law requires a pattern of behaviour, meaning that isolated incidents are not sufficient. A defence could argue that the conduct in question was a one-off event rather than a sustained course of control. A lack of continuous or repeated controlling behaviour can act as a defence.
• The offence applies only where the parties were personally connected, meaning they were intimate partners (current or former), or family members living together. If the parties involved are not in an intimate or family relationship, or the relationship does not meet these conditions for a different reason, the charge may not apply.
• The law states that an offence is committed if a reasonable person would understand that the behaviour would cause harm. A defence could argue that the defendant did not, and could not have reasonably foreseen, that their actions would cause serious alarm or distress. This may require significant evidence to prove that the defendant could not have viewed their actions as abusive behaviour or predicted the consequences.
• If the accused can show that their behaviour was reasonable in the circumstances, the Serious Crime Act 2015 says that this can represent a defence. This might be relevant where a person restricted another’s behaviour for legitimate reasons, such as if they limited a partner’s spending due to financial hardship, or set out rules for children or dependent family members that do not indicate an abusive relationship. The court assesses what is reasonable, which means that this defence is unlikely to succeed in cases where behaviour was clearly abusive.

Your solicitor will also look to challenge the evidence gathered by the prosecution where it is inaccurate, and present evidence of mitigating circumstances or show that the defendant thought their behaviour was reasonable. It is important to work with experienced defence solicitors who can examine all of the circumstances of your case and apply their knowledge to find the most effective defence strategy.