Controlling or coercive behaviour offence
Since late 2015, Coercive Control has been recognised as a form of domestic abuse and violence under the Section 76 of the Serious Crime Act 2015. This stance from the Police and the Courts shows they are taking a far more serious and tougher line on domestic abuse and violence.
It is often thought that domestic abuse is always directed against women, but this is not true and men can be victims and all victims have the right to protection when a crime has been committed.
What is the criminal law on coercive control?
Section 76 of the Serious Crimes Act 2015 sets out the offence. It is an offence to commit Coercive Control in an intimate or family relationship that causes a victim to be in fear of violence (on at least two occasions). Also, if the behaviour causes distress or has an adverse effect on day-to-day life. The prosecution must set out to prove that the behaviour is continuous or repeated.
Intimate family relationships mean persons in an intimate relationship, persons living together, or part of the same family set up or having previously been in such a relationship, having been previously married and having children because of any relationship.
What are examples of coercive behaviour offence?
Coercive Control is defined as acts or patterns of behaviour including assaults, threats, intimidation, or other kinds of abuse used to harm, punish, frighten, or intimidate the victim. The `acts ` are designed to make a victim subordinate and/or dependent by isolating them from support, exploiting their resources, depriving them of independence, resistance, escape and regulating their day-to-day existence and behaviour.
Examples of coercive behaviour:
- Stopping a person attending work/college by limiting access to transport
- Isolating them from friends and family
- Belittling them.
- Pressurising them into sexual acts
- Assaults or threats of harm
- Monitoring their time
- Tracking via mobile devices
- Controlling where they go, when they go and who they see.
- Controlling what they wear
- Preventing them from seeking medical attention or support
- Making degrading comments
- Forcing them into participating in criminal acts
- Controlling finances
- Making threats to harm, family, children and pets.
- Making threats to disclose personal matters.
Does there need to be physical violence?
There does not have to be any physical violence and very often there is none whatsoever. Often this type of behaviour may cause a victim to have mental health issues. In general, the behaviour must have a substantial adverse effect on the victim. These effects may include, again as examples, stopping or curtailing the victim’s social life and work commitments and changes in domestic arrangements. What at first may appear innocent can rapidly snowball and it is to be noted that this type of behaviour can go on for a substantial period before the police are involved.
What are the sentencing guidelines for coercive control?
If an allegation of Coercive Control is made a person charged under the act could, before a Crown Court, face a maximum of 5 years imprisonment a fine and or both. Before a Magistrates Court the maximum penalty is 12 months imprisonment a fine or both.
In general police forces have improved their understanding of Coercive Control and have improved their response times to reports of domestic strife but an independent report stated that they must improve further when faced with a complaint of this nature.
Is there an alternative to criminal proceedings?
If an allegation of Coercive Control is made a person charged under the act could, before a Crown Court, face a maximum of 5 years imprisonment a fine and or both. Before a Magistrates Court the maximum penalty is 12 months imprisonment a fine or both.
In general police forces have improved their understanding of Coercive Control and have improved their response times to reports of domestic strife but an independent report stated that they must improve further when faced with a complaint of this nature.
What is the family law on coercive control?
The Domestic Abuse Act 2021 states that a Domestic Abuse Protection Order can be granted by either The Family or Magistrates Court. The police may also apply for same as this enables them to issue a notice which prohibits a person being abusive to another to whom they are connected. This notice stops contact or visits to the home and if there is any breach an arrest can be made.
How can our family and criminal solicitors help you?
At SMQ Legal, we have a specialist team of solicitors and barristers that represent individuals that are under investigation or have recently been charged with the offence of Controlling or Coercive Behaviour. Our team are on hand to defend your reputation and liberty. If you have been arrested, are under investigation or have been charged in connection with Coercive Control allegations again please contact SMQ Legal Services as we offer early expert advice in such matters.
Our lawyers have represented clients charged with a range of complex and high-profile domestic violence prosecutions. These include domestic assault and controlling / coercive behaviour. We have a wealth of experience counselling in investigations and prosecutions. If you require high quality legal advice and representation, so that you have the best possible chance of accomplishing a successful outcome, please call us on 01865 246991 or complete our Contact Form.