Controlling or Coercive BEHAVIOUR
STOCKPORT | MANCHESTER | NORTH WEST
If you are found guilty of controlling or coercive behaviour, the consequences can be severs. Call us for immediate advice by telephone on 0161 477 1121.
What is tHE offence of controlling or coercive behaviour?
Section 76 Serious Crime Act 2015 (SCA 2015) created the offence of controlling or coercive behaviour in an intimate or family relationship (CCB). It can be tried summarily or on indictment and has a maximum penalty of five years’ imprisonment.
DEFINITION
The law provides that an offence is committed by a suspect (“A”) against a victim (“B”) 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
Examples of behaviour
The behaviour alleged to form such an offence can 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
- using digital systems such as smart devices or social media to coerce, control, or upset the victim including posting triggering material
- 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 – this can be intertwined with the suspect saying it is in their best interests, and ‘rewarding’ ‘good behaviour’ e.g. with gifts
- depriving them of access to support services, such as specialist support or medical services
- repeatedly putting them down such as telling them they are worthless
- enforcing rules and activity which humiliate, degrade or dehumanise the victim
- forcing the victim to take part in criminal activity such as shoplifting, neglect or abuse of children to encourage self-blame and prevent disclosure to authorities
- economic abuse including coerced debt, controlling spending/bank accounts/investments/mortgages/benefit payments
- controlling the ability to go to school or place of study
- taking wages, benefits or allowances
- threatening to hurt or kill
- threatening to harm a child
- threatening to reveal or publish private information
- threatening to hurt or physically harming a family pet
- assault
- physical intimidation e.g. blocking doors, clenching or shaking fists
- criminal damage (such as destruction of household goods)
- preventing a person from having access to transport or from working
- preventing a person from learning or using a language or making friends outside of their ethnic or cultural background
- family ‘dishonour’
- reputational damage
- sexual assault or threats of sexual assault
- reproductive coercion, including restricting a victim’s access to birth control, refusing to use a birth control method, forced pregnancy, forcing a victim to get an abortion, to undergo in vitro fertilisation (IVF) or other procedure, or denying access to such a procedure
- using substances such as alcohol or drugs to control a victim through dependency, or controlling their access to substances
- disclosure of sexual orientation
- disclosure of HIV status or other medical condition without consent
- limiting access to family, friends and finances
- withholding and/or destruction of the victim’s immigration documents, e.g. passports and visas
- threatening to place the victim in an institution against the victim’s will, e.g. care home, supported living facility, mental health facility, etc (particularly for disabled or elderly victims)
Other Considerations
"Appropriate" Dynamic of a relationship
There might be confusion about where the ‘appropriate’ dynamic of a relationship ends and where unlawful behaviour begins.
We have found that this allegation is often made by a party seeking to gain an advantage in family proceedings whether that relates to finances or child contact.
Personally connected
A suspect and victim are personally connected if;
- 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 (whether or not the agreement has been terminated)
- they 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, or
- they are relatives
“Intimate personal relationship” is not defined in statute. Therefore, the ordinary dictionary meaning of the words should be adopted.
While many intimate personal relationships will involve a sexual relationship this is not a requirement.
It can also include relationships where some other form of personal or emotional intimacy exists, for example if the victim and suspect are dating, or share a bed.
The key question is intimacy: the victim and suspect do not have to cohabit nor have a particular form of relationship.
The behaviour has a serious effect on the victim
This element can be proved in one of two ways. The prosecutor need only prove one or the other:
- firstly, where the behaviour causes the victim to fear violence on at least two occasions (section76(4)(a) SCA 2015), or
- secondly, the serious alarm and distress caused by the suspect’s behaviour has had a substantial adverse effect on the victim’s usual day to day activities (section 76(4)(b) SCA 2015)
For the purposes of this offence, the behaviour or the activities must be carried out “repeatedly” or “continuously”. There is no requirement, however, that the activity should be of the same nature.
Examples of substantial adverse effect on the victim could include:
- physical or mental health deterioration
- no longer socialising or withdrawing from activities such as physical exercise
- needing to put in place measures at home to safeguard themselves or their children, including CCTV
- self-harming
- no longer eating properly
- putting in place measures in their home to safeguard themselves or their children
- changing working patterns, employment status or routes to work
“A knows or ought to know that the behaviour will have a serious effect”
For the purposes of the offence the suspect “ought to know” that which a reasonable person in possession of the same information would know: section 76(5) SCA 2015.
PROVIDING DEFENCE
Sections 76 (8) to (10) SCA 2015 provide a defence in relation to section 76 4(b) SCA 2015 (behaviour causing serious alarm or distress which has a substantial adverse effect on their day-to-day activities), namely it is a defence to show that in engaging in the behaviour in question, the suspect believed that they were acting in the victim’s best interest; and that the behaviour in all the circumstances was reasonable.
This defence is not available in relation to section 76 (4) (a) SCA 2015 (behaviour that causes the victim to fear on at least two occasions that violence will be used against them).
Successfully defending allegations of this type usually requires building a bundle of defence evidence which is where our expertise can be fundamental.
If you are accused of this offence it is critical that you seek immediate advice – please contact us on 0161 477 1121 or email us on using the form at the bottom of this page.
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