Coercive and Controlling Behaviour

About Coercive and Controlling Behaviour

Controlling or coercive behaviour in an intimate or family relationship is an offence under Section 76 of the Serious Crime Act 2015. The offence was introduced to criminalise patterns of behaviour that seek to dominate, isolate, or control a partner or family member, even where no single incident amounts to a criminal offence in its own right. The behaviour must be repeated or continuous and must have a serious effect on the victim — meaning it causes them to fear that violence will be used against them on at least two occasions, or it has a substantial adverse effect on their day-to-day activities.

The offence is an either-way offence carrying a maximum of five years' imprisonment on indictment. Sentencing takes into account the duration and nature of the controlling behaviour, its impact on the victim, and whether it involved isolation from family and friends, control of finances, monitoring of communications, or restrictions on movement. The sentencing guidelines treat this as a serious offence, and custodial sentences are common even for first-time offenders where the conduct was prolonged or particularly harmful.

Coercive control cases are unusual in criminal law because they do not centre on a single incident. Instead, the prosecution must prove a pattern of behaviour over time. This means the evidence typically consists of the complainant's account, supported by communications, financial records, evidence from friends and family, and sometimes expert evidence about the psychological impact of controlling behaviour. The sheer volume of material involved can be overwhelming.

Defending coercive control allegations requires a fundamentally different approach from defending a straightforward assault. The defence must engage with the narrative being presented — often spanning months or years of a relationship — and challenge it with evidence that shows a different picture. Context is everything in these cases. Behaviour that sounds controlling when described in isolation may have an entirely innocent explanation when the full circumstances of the relationship are understood. Building that alternative narrative, supported by evidence, is the core of an effective defence.

Why Early Representation Matters

We approach coercive control cases by building a comprehensive timeline of the relationship, drawing on all available evidence — messages, emails, social media, financial records, and witness accounts from both sides. The prosecution will present a one-sided narrative of control and domination. Our job is to present the reality, which is often far more nuanced than the allegation suggests.

These cases generate enormous volumes of evidence. We work through it systematically, identifying communications that contradict the complainant's account, evidence of mutual decision-making rather than control, and instances where the complainant's own behaviour undermines the narrative they are presenting. This detailed, evidence-based approach is essential because juries and magistrates need to see the full picture, not just the prosecution's version of it.