Controlling and Coercive Behaviour – An Overview

By Niamh Dennis

Controlling and Coercive Behaviour (‘CCB’) is a criminal offence found in s.76 of the Serious Crime Act 2015. The law is designed to protect individuals in intimate or family relationships from pattens of behaviour which cause fear, distress, or significant negative impact on day-to-day life.

 

What is controlling and coercive behaviour and what do the prosecution need to prove?

The elements of controlling and coercive behaviour that the prosecution must prove are as follows:

1.      That you repeatedly or continuously engaged in behaviour towards another person which is

controlling or coercive;

2.      At the time, you were personally connected to this other person, such as being in an intimate

relationship, living together as family members, or living together and having previously been in a

relationship;

3.      Your behaviour has a serious effect on that person:

a.       causing them to fear that violence will be used against them on at least two occasions, or

b.       causing serious alarm or distress which has a substantial adverse effect on that party’s

usual day-to-day activities.

4.      You knew or ought to have known that the behaviour would have a serious effect on them.

As these cases are often complex, it is important that you seek legal advice early on to assist you with building a clear defence strategy and protect your position.

What constitutes controlling and coercive behaviour?

It is important to understand what sort of behaviours Courts tend to consider as controlling or coercive. Typical behaviours can include:

1.      Isolation of an individual from their family or friends;

2.      Monitoring the individual's movements or communications;

3.      Controlling the individual’s finances;

4.      Intimidation, threats, or degradation of an individual;

5.      Restrictions on an individual’s everyday activities.

The Court must be satisfied that these behaviours form a pattern and are not just isolated incidents.

How are controlling and coercive behaviour cases reported and investigated?

Allegations for most domestic incidents, including CCB, usually arise from a complainant making a report, the police attending a domestic incident or due to third party reports e.g. neighbours, family, professionals.

Once an allegation has been made, the police tend to take the following steps:

1. Take a statement from the complainant as to the various allegations;

2. Gather any digital records, including phone records of both the complainant and the defendant;

3. Get statements from neighbours, family and friends who may be able to provide more context to the allegations made;

4. Review any medical records or safeguarding reports previously made;

5. Assess the risk to the complainant or any other relevant parties, such as children, and put in place safeguarding measures such as bail conditions.

In taking these steps, the police are investigating to find any evidence which may support or undermine the allegations. They will focus on establishing a course of conduct when building their case, as opposed to one-off incidents.

What evidence tends to form the basis of the prosecution case?

Each case is unique, but typically prosecution evidence in CCB cases include:

·      Text messages;

·      Call logs;

·      Social media communications;

·      Video evidence of alleged behaviour, including recorded footage, CCTV footage or doorbell footage;

·      Financial records and bank statements;

·      Witness evidence from family and friends;

·      Reports to the police;

·      Initial accounts through 999 call recordings;

·      Police body worn video, for example when attending an incident or during an arrest;

·      Medical evidence showing injuries.

The mixture of different evidence builds a picture of ongoing behaviour.

What are the defences against Controlling and Coercive behaviour?

Section 76(8) of the Serious Crime Act provides for a statutory defence against coercive controlling behaviour. This defence is essentially that the behaviour alleged did take place, however:

1. The person genuinely believed their behaviour was in the best interests of the other person;

2. The behaviour was reasonable in the circumstances; and

3. There were no threats of violence made or implied.

The test is whether a reasonable person with all the same information would consider the behaviour reasonable.  If so, the defence is satisfied. The alternative defence strategies that can be utilised include:

1. Denial that the behaviour alleged took place at all;

2. Demonstrating that the incidents are out of context (e.g. the parties mutually behaved like that or that the relationship was breaking down);

3. Demonstrating that the conduct alleged did not have a ‘serious effect’ on the complainant’s day-to-day activities;

4. Highlight the inconsistencies of lack of corroborating evidence in the victim’s account.

What are the consequences if convicted of CCB?

CCB is an offence which is triable either way.  This means the case can be heard in the Magistrates’ Court or the Crown Court depending on the seriousness of the offence and whether the defendant elects Crown Court trial, if given the option.

Sentences can range from a low-level community order to 4 years’ imprisonment. The court can choose to uplift this sentence to a maximum of 5 years’ custody when there are aggravating factors, such as the victim being vulnerable or if the defendant has a history of relevant and recent convictions for similar offences.

CCB convictions can also impact family law proceedings and outcomes.  We have recently explored this cross-over in our piece which can be found here. 

Common Misunderstandings of Controlling and Coercive behaviour:

1.             ‘We argued a lot, so it must be controlling behaviour.’

This is not necessarily true, as the law in this area requires evidence of behaviour that goes beyond arguments and instead is a course of conduct which was intended to cause fear, distress or serious adverse effects on the victim’s life.

2.             ‘There was no physical violence, so it is not that serious.’

The offence of coercive and controlling behaviour is serious regardless of whether there is a presence of physical violent behaviour. The court considers all forms of behaviour which may contribute to the ‘course of conduct’ of the defendant, and so it does not require physical violence to be present.

3.             ‘If the complainant withdraws, then the case ends.’

This is not necessarily the case. The complainant makes a ‘complaint’ or in other words an allegation to the police. The police then investigate this complaint and decide whether there is sufficient evidence to charge it. Then the Crown Prosecution Service bring the case at court against the defendant on behalf of the State. Therefore, it is the State who is bringing the case, not the complainant. If the complainant decides to withdraw, the prosecution may still continue, particularly where there are concerns the complainant has been pressured to withdraw by the defendant.

What are the practical steps if you are accused of CCB?

Defendants should not speak to the police without obtaining legal representation. Our experienced solicitors can assist you to understand the allegations against you and advise you how to proceed.

If you have already been charged with CCB, we can assist you in obtaining disclosure, preparing defence evidence, gathering digital records, instructing experts, and preparing mitigation, if needed.

Beyond instructing a legal team, you should:

1.      Keep all communications and avoid deleting anything that could be used as evidence. Make sure

your devices are backed up;

2.      Avoid contact with the complainant, unless explicitly permitted by bail conditions;

3.      Provide your solicitor with a clear timeline of the relationship;

4.      Identify witnesses early;

5.      Gather documentation that may show reasonable explanations for your behaviour.

Conclusion 

Accusations of CCB do not equate to guilt and, with the right legal support, we can proactively engage with the investigation, to provide pre-charge representations, as well as legal advice and assistance during any court proceedings.

CCB cases are often fact sensitive and complex, so they require expert defence preparation.  Please do not hesitate to reach out to one of our team to see how we may be able to assist you.

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