Coercive Control: The Offence of Controlling or Coercive Behaviour

Section 76 of the Serious Crime Act 2015 says a person (A) commits an offence if:

• A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive;
• at the time of the behaviour, A and B are personally connected;
• the behaviour has a serious effect on B; and
• A knows or ought to know that the behaviour will have a serious effect on B.

The section does not define "controlling" or "coercive" in the Act itself. CPS prosecution guidance, which prosecutors follow, gives examples of the sort of behaviour that can count (see below). The offence came into force on 29 December 2015 and applies in England and Wales.

Under section 76(5), A "ought to know" something if "a reasonable person in possession of the same information would know" it.

Under section 76(6), two people are personally connected if any of the following applies:

• they are, or have been, married to each other;
• they are, or have been, civil partners of each other;
• they have agreed to marry one another, or have entered into a civil partnership agreement (whether or not the agreement has been terminated);
• they are, or have been, in an intimate personal relationship with each other;
• they each have, or there has been a time when they each have had, a parental relationship in relation to the same child (a parent, or someone with parental responsibility); or
• they are relatives.

CPS guidance says "intimate personal relationship" is not defined in the Act, that it does not require a sexual relationship, and that "the victim and suspect do not have to cohabit".

The 5 April 2023 change

Section 68 of the Domestic Abuse Act 2021 removed the cohabitation (living together) requirement that applied to some relationships under the original wording of section 76. It came into force on 5 April 2023 (The Domestic Abuse Act 2021 (Commencement No. 1) Regulations 2023, S.I. 2023/406). Those Regulations say the change applies only to controlling or coercive behaviour that occurs on or after 5 April 2023. CPS guidance describes the earlier position: before that date "personally connected" was limited to a suspect and victim in an intimate relationship, or cohabitation combined with either a past intimate relationship or membership of the same family.

If the behaviour you are worried about spans both periods, how it is charged is a question for the police and the CPS. A specialist domestic abuse service or a solicitor can explain what that means for your situation.

Under section 76(4), behaviour has a "serious effect" on you if either:

• it causes you to fear, on at least two occasions, that violence will be used against you; or
• it causes you serious alarm or distress which has a substantial adverse effect on your usual day-to-day activities.

CPS guidance says only one of these needs to be proved. It gives examples of a substantial adverse effect, including physical or mental health deterioration, no longer socialising or withdrawing from activities, needing to put in place measures at home to keep yourself or your children safe, no longer eating properly, and changing working patterns, employment status or routes to work. It says prosecutors should recognise the cumulative impact of a pattern of abuse.

Physical violence is not one of the four elements of the offence.

The defence

Section 76(8) gives a defence if the person can show that they believed they were acting in your best interests and that the behaviour was, in all the circumstances, reasonable. Under section 76(9), the person is taken to have shown those facts if they put forward sufficient evidence to raise an issue about them and the contrary is not proved beyond reasonable doubt. So once the defence is properly raised, the prosecution has to prove beyond reasonable doubt that the facts are not met. Section 76(10) says this defence is not available for behaviour that causes you to fear that violence will be used against you.

Children under 16

Under section 76(3), a person does not commit the offence if, at the time of the behaviour, they have responsibility for the other person for the purposes of Part 1 of the Children and Young Persons Act 1933 and that other person is under 16.

CPS prosecution guidance on the offence says relevant behaviour "can include" the following, and adds: "This is not an exhaustive list". Examples it gives include:

• isolating a person from their friends and family
• depriving them of their basic needs
• monitoring their time
• monitoring a person via online communication tools or using spyware
• taking control over aspects of their everyday life, such as where they can go, who they can see, what to wear and when they can sleep
• repeatedly putting them down such as telling them they are worthless
• economic abuse including coerced debt, controlling spending/bank accounts/investments/mortgages/benefit payments
• taking wages, benefits or allowances
• threatening to hurt or kill; threatening to harm a child
• threatening to reveal or publish private information
• preventing a person from having access to transport or from working
• withholding and/or destruction of the victim's immigration documents, e.g. passports and visas

The guidance says a suspect "will often tailor the conduct to the victim", so prosecutors look at what the behaviour means in each case. It also says there is overlap with stalking and harassment.

The guidance quotes College of Policing guidance on the difference between normal give-and-take and abuse: in an abusive relationship, "decisions by a dominant partner can become rules that, when broken, lead to consequences for the victim". For the economic side of this behaviour, see our guide to economic abuse and coerced debt.

Under section 76(11), a person guilty of the offence is liable:

• on conviction on indictment (in the Crown Court), to imprisonment for a term not exceeding five years, or a fine, or both; and
• on summary conviction (in the magistrates' court), to imprisonment for a term not exceeding the general limit in a magistrates' court, or a fine, or both.

CPS guidance confirms the offence "can be tried summarily or on indictment and has a maximum penalty of five years' imprisonment". The five-year maximum on indictment is unchanged since the section was enacted in 2015. Later amendments changed the "personally connected" wording (from 5 April 2023) and the magistrates' court limit, not the five-year maximum.

Government statutory guidance on the offence says controlling or coercive behaviour is "an ongoing pattern of offending rather than separate isolated incidents", so there may not be enough evidence to charge when it is first reported, and more can be gathered as time goes on.

Think about safety before you keep any records. The statutory guidance says that if a victim still lives with the perpetrator, or continues to have direct or indirect contact with them or with the perpetrator's family or friends, keeping records may put the victim at risk if the perpetrator discovers it. It adds that the perpetrator may be aware that police may rely on such evidence and may make it impossible for the victim to keep records.

CPS guidance says evidence to prove the offence can include:

• phone records, text messages and device logs
• evidence of abuse over the internet, digital technology (for example smart speakers) and social media platforms
• copies of emails
• photographs of injuries, and of damage to property
• 999 tapes or transcripts
• CCTV and home video footage, for example smart doorbells
• records of interaction with services such as support services
• medical records
• bank records to show financial control
• previous threats made to children or other family members
• any diary kept by the victim
• GPS tracking devices installed covertly or overtly on mobile phones, tablets, vehicles etc.

The statutory guidance says agencies should consider ways a victim can safely keep records, for example "keeping text messages or sending them on to a friend for safekeeping; taking screenshots of emails and social media messages; and keeping a diary". It adds that "victim safety is paramount and it is the job of the police to build the case on behalf of the victim, and not the role of the victim to build the case for the police". Specialist domestic abuse support services can give practical advice on recording and keeping evidence safely.

If you are in immediate danger, call 999.

• Report to the police. CPS guidance tells prosecutors that "Prosecutors must always consider, from the outset, the possibility of proceeding without the victim's support." It also says the support and safety needs of victims should be identified from the outset, including support from an Independent Domestic Violence Adviser (IDVA). See our guide to ISVAs and IDVAs.
• Giving evidence. The statutory guidance says the Domestic Abuse Act 2021 made all domestic abuse victims automatically eligible for assistance when giving evidence in family, civil or criminal proceedings, for example from behind a screen or by video link. See witness special measures.
• Civil court orders. A criminal prosecution is not the only route. See Domestic Abuse Legal Protection, and our short answer on how to get a non-molestation order.
• Asking the police about a partner's history. See the section on Clare's Law in our domestic abuse guide.
• Money and debt. If a partner or ex-partner has controlled your money or put debt in your name, see economic abuse and coerced debt.
• Leaving safely. See the Domestic Abuse Emergency Leaving Checklist and our help if you are being abused page.