It is essential to seek legal advice
In daily life, we are all subject to influence from others, forms of surveillance, and being instructed on what we can or cannot do. However, certain actions are considered more controlling than others, such as using GPS trackers. All circumstances are considered when making this assessment.
In this current environment, men and women are on equal footing; typical gender stereotypes, particularly regarding work and financial control, are ceasing to apply. This means that there is no acceptance of either gender exerting control over the other.
This offence was created by Section 76 of the Serious Crime Act 2015 and was intended to close a gap in the law. Originally, the offence only applied to partners in a relationship; however, Section 68 of the Domestic Abuse Act 2021 broadened this to include partners, former partners, and even family members.
To constitute this offence, the person carrying out the actions must have:
- Repeatedly or continuously engaged in controlling or coercive behaviour towards the other person.
- Been personally connected with the other person (in an intimate relationship, living together and previously in a relationship, or living together as family members).
- Caused the behaviour to have a serious effect on the other person.
- Known, or ought to have known, that their behaviour would have a serious effect on the other person.
The term “serious effect” applies if the behaviour has caused:
- The other person to fear, on at least two occasions, that violence will be used against them.
- The other person serious alarm or distress, which has a substantial adverse effect on their usual day-to-day activities.
What is coercive control?
Coercive control is a form of domestic abuse. Coercive behaviour includes acts or patterns of acts such as assault, threats, humiliation, intimidation, or anything else used to harm, punish, or frighten the victim.
Controlling behaviour is a variety of acts intended to make an individual feel subordinate and/or dependent by isolating them from support, exploiting them and their resources for one’s own gain, or denying them opportunities to escape control.
What counts as coercive or controlling behaviour?
This kind of behaviour can take many forms, including:
- Deliberately making it difficult for a person to spend time with friends and family, isolating them.
- Controlling financial resources, providing your partner with an allowance.
- Spying and monitoring, such as using Life360 or GPS trackers.
- Telling the other person to change their clothing or dictating what they can or cannot wear.
- Controlling where a person can or cannot go.
- Stopping a person from accessing medical or other support.
- Repeatedly belittling another person.
- Humiliating or degrading another person.
How is coercive control proved?
Evidence in these cases usually includes statements or video-recorded interviews with the victim. This can be supported by text messages, social media accounts, phone records, emails, CCTV footage, and 999 call transcripts.
Depending on the allegations nature, police may request medical records and social service history.
What is the penalty for this offence?
If found guilty of controlling or coercive behaviour, the sentence can range from a low-level community order, which may involve unpaid work or a curfew, to a five-year prison sentence.
The sentence varies depending on whether the case is heard in the Magistrates Court or Crown Court.
Are there any defences?
If the accused believed they were acting in the victim’s best interests, this could be a possible defence. Their behaviour could also be shown to be reasonable as opposed to coercive or controlling.
However, the prosecution must prove beyond reasonable doubt that the behaviour was not reasonable or in the victim’s best interests.
To find the accused guilty, it must be shown they knew their actions would have a serious effect on the victim. This test asks whether a reasonable person, with the same information, would have known it. These defences do not apply if the victim was made to fear the threat of violence on at least two occasions.
How can Hunt & Coombs Solicitors help you?
If you have been contacted by the police for an interview in relation to a charge of controlling or coercive behaviour, we can arrange for a legal representative to accompany you at your interview. If you have been charged with this offence, we can arrange a meeting to review the evidence and represent you in court.
It is essential to seek expert legal advice from an early stage in such cases. You will be advised not to contact the victim.
Other ways we can assist
In a case of this nature if there are children from the relationship then it is possible that after allegations have been made and the matter progressed it may lead to custody and contact issues with those children. Hunt & Coombs solicitors have an experienced family department who would be happy to assist with this matter.
You may also find that these allegations stem from a break up of a marriage, in this case you may need advice on divorce proceedings and division of assets, again our extensive family department can assist with this.
For further information contact our crime & defence team on 01733 882 800 or email [email protected].
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