Controlling or coercive behaviour is a serious and complex allegation, carrying a real risk of a prison sentence. Allegations often arise following the breakdown of a long-term relationship or a domestic incident, where the police take a wider view of the relationship history. Complaints can sometimes give a misleading or incomplete picture, which can be deeply unsettling for the person accused.
We are specialists in this area of law and advise clients at every stage, from police investigation through to court proceedings. This includes early advice during bail, challenging conditions, proactive defence preparation to seek to prevent charge, and careful review of prosecution papers where a case has already reached court.
Contact our specialist defence lawyers for a free, confidential initial consultation on 0333 240 7373, via email: [email protected] or via our online contact form.
What is Controlling or Coercive Behaviour?
The Crown Prosecution Service lists typical examples such as isolating a person from friends or family, monitoring their movements or time, enforcing rules or restrictions, and making physical threats or engaging in intimidating behaviour.
To secure a conviction, the prosecution must prove that you repeatedly engaged in controlling or coercive behaviour towards another person and that:
- The behaviour had a serious effect on the complainant (that is, they were caused to fear violence on at least two occasions or the behaviour had a ‘substantial adverse effect’ on their day-to-day activities).
- You knew, or ought to have known, that your behaviour would have that serious effect.
Defences
Many of these cases involve a complex background. Advice about how best to defend an allegation must be tailored and must consider the full context. Common issues we explore include:
Factual disputes: Events did not occur in the way alleged, or key aspects of the account are disputed. In some cases, allegations may be exaggerated, distorted, or taken out of context. For example, there may have been no threats of violence, or you may dispute making the alleged demands about what the other person could or could not do.
Lack of credibility / inconsistency: The credibility of the complainant’s account may be undermined by contradictory evidence, such as text messages, or by the fact that the relationship continued after a disputed event.
Legal thresholds not met: If the alleged behaviour is not genuinely repeated or continuous in law, if the alleged serious effect is not supported by independent material, or if the account relies heavily on inference rather than clear examples.
Acting in the complainant’s best interests: Examples may include taking steps to protect a partner from harmful influences, or exercising a degree of control or influence during a period of mental health difficulty where this was done for safety and protection rather than as a means of coercion.
How Reeds Can Help with Controlling or Coercive Behaviour Allegations
We have defended hundreds of these allegations and understand that relationships can be complicated and complex. If you have been released on bail following a police station interview, it’s natural to have many questions.
We provide support and guidance throughout what is often a lengthy and stressful process. We always consider whether it would be effective to submit written representations to the police, challenging the allegations and requesting that No Further Action is taken.
Pre charge engagement includes:
- Ongoing support and advice
- Liaising with the investigating officer and providing updates on bail extension decisions
- Representation in any re-interview
- Identifying sources of defence evidence and considering submission to the police
- Written representations, arguing against prosecution
If your matter reaches the Magistrates’ Court, we provide clear, realistic advice about the strength of the evidence and what is in your best interests.
There is a wide range of sentencing for cases of coercive and controlling behaviour, reflecting the very different levels of seriousness such cases can involve.
At the most serious end, the sentencing starting point is 2 years and 6 months’ imprisonment. This usually applies in cases involving a sustained pattern of behaviour, repeated fear of violence, or a very serious impact on the complainant.
At the lower end of the scale, the court may impose a Community Order or a short custodial sentence in the region of 26 weeks. This is more likely where the conduct occurred over a shorter period, or where some of the more serious aggravating features are not present.
With over 20 offices, including in London, Oxford, Reading, Birmingham, Bristol, and Manchester, as well as a wider network of regional locations, we are able to assist clients across England and Wales.
We can offer appointments both in person or remotely via MS Teams, depending on your preference.
Frequently Asked Questions
Section 76 of the Serious Crime Act 2015 provides that an offence is committed where a person (“A”) repeatedly or continuously engages in behaviour towards another person (“B”) which is controlling or coercive, at a time when A and B are personally connected, and where:
- The behaviour has a serious effect on B, and
- A knows, or ought to know, that the behaviour will have that serious effect.
Whether behaviour meets this threshold depends on the overall pattern, context, and impact. The following are examples of the kinds of conduct that may be relied upon by the prosecution:
- Isolating a person from friends and family
- Monitoring a person’s time or movements
- Monitoring communications through digital or online tools, including spyware
- Controlling aspects of everyday life, such as where a person can go, who they can see, what they can wear, or when they can sleep
- Repeatedly belittling or degrading a person
- Enforcing rules or activities intended to humiliate or dehumanise
- Forcing a person to take part in criminal activity, including shoplifting or neglect
- Economic abuse, including coerced debt or control over bank accounts, wages, benefits, investments or mortgages
- Assault or physical intimidation
Controlling or coercive behaviour is treated as a serious allegation and typically involves a lengthy relationship background and multiple events spread over time. The police commonly arrest a suspect and release them on conditional bail for an initial 28-day period.
The investigating officer is then responsible for gathering evidence and submitting a file to the Crown Prosecution Service for review. Investigations can take many months and often involve bail extensions and, in some cases, further interviews.
It is essential to obtain expert legal advice as early as possible and to consider whether there are any positive steps that can be taken to defend your position. In some cases, we can submit detailed written representations, supported by additional evidence, to challenge the allegation at an early stage. At the very least, having a clear understanding of the process and the potential outcomes can significantly reduce the understandable anxiety of facing a serious criminal allegation.
Controlling and coercive behaviour is an either-way offence, meaning it can be heard in either the Magistrates’ Court or the Crown Court, depending on the seriousness of the allegation. Cases are likely to be sent to the Crown Court where one or more of the following features are alleged:
- Conduct intended to maximise fear or distress
- Persistent behaviour over a prolonged period
- Use of multiple methods of controlling or coercive behaviour
- A particularly sophisticated course of conduct
- Conduct intended to humiliate or degrade the complainant
A robust defence involves carefully examining every aspect of the allegation, identifying any internal inconsistencies, and assessing whether there is wider evidence that undermines the credibility of the account. There is no ‘one size fits all approach’ – the defence strategy must be carefully tailored to the particular case.
Where a conviction cannot be avoided, we can advise on a possible basis of plea, seeking to limit the scope of what is admitted. This can make a significant difference to sentence. Careful preparation and the presentation of full, properly supported mitigation can also be decisive in avoiding a custodial sentence.
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