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. 

The defence of 'reasonableness' in relation to the behaviour is available but there is a burden on the accused to establish that.

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.

A restraining order may also be imposed on conviction. This can place restrictions on contact with the complainant and may limit where you can go or who you can communicate with. Any breach of a restraining order is treated as a separate criminal offence, which can result in further penalties, including imprisonment.

In the event of conviction, the Court will consider features such as the duration of the behaviour, the level of sophistication, the variety of methods used to effect the control of the other party and the level of fear or distress caused. Any effort made by the accused to prevent the reporting of an offence and the impact on others, particularly children, will be seen as aggravating features.

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.

Frequently Asked Questions

Can I still contact my partner or ex-partner while under investigation?

This depends on whether bail conditions have been imposed. If you have been released on bail following arrest or charge, there will almost certainly be a condition of bail prohibiting direct or indirect contact with the complainant. Breaching that condition is a separate criminal offence. If no bail conditions are in place, you should still seek legal advice before making contact, as any communication could be used as evidence against you or could be perceived as an attempt to influence the complainant.

What happens if the police want to interview me?

You have the right to free and independent legal advice before and during any police interview, and you should always exercise that right. An experienced solicitor will review any information disclosed by the police beforehand and advise you on the most appropriate response. In CCB cases, police interviews can be lengthy and cover a wide range of alleged incidents, so it is important you are properly prepared. You should not attend a voluntary interview or answer questions at the police station without a solicitor present.

Can a CCB allegation affect my contact with my children?

Yes, it can. If you are subject to bail conditions, these may restrict your movements or contact in ways that affect your ability to see your children. If family court proceedings are ongoing or commenced, the allegation, charge and potential conviction will be relevant to any safeguarding assessment. Courts generally try to take a holistic view of risk. It is important that your criminal solicitor and any family law solicitor are aware of each set of proceedings so that your position is protected across both.

What if I believe the allegation is false or malicious?

A false allegation does not automatically mean a case will not proceed. The police will investigate the case, but it is crucial that you start to build you defence case, evidence where possible, from the outset.  This can include providing your own account of the relationship, identifying witnesses who support your position, collecting evidence to back up what you say, including communication or documents that contradicts the allegations. Early legal advice is therefore essential to ensure you start the build-up of your defence from the outset.

Does it matter if we are no longer in a relationship when the allegation is made?

Not necessarily. The law requires that you were personally connected to the complainant at the time the alleged behaviour took place. Allegations can be made weeks, months, or even years after the relationship has ended. The important thing is the timing of the behaviour alleged, not the timing of the complaint. Historical allegations can be harder to defend, which is why preserving all records and communications is so important.

Will a CCB conviction give me a criminal record?

Yes. Any conviction, whether in the Magistrates' Court or Crown Court, will result in a criminal record. Depending on the sentence imposed, this may be disclosed in standard or enhanced DBS checks, which can affect employment in regulated sectors. The restraining order which often accompanies a conviction will also appear on police records. The potential consequences extend well beyond the sentence itself, and this is one of the reasons why robust early representation is so important.

What if I feel I have been the one subjected to controlling behaviour?

This is more common than people realise. CCB can operate in both directions within a relationship, and in some cases allegations are made by a party who has themselves engaged in controlling behaviour. If you believe that is the position, you should raise this with your solicitor as early as possible. In some circumstances, a counter-allegation

may be appropriate, though the decision as to how to proceed will depend on the specific facts and evidence available. Your solicitor can advise you on the best approach.

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