Controlling or coercive behaviour

s.76Serious Crime Act 2015

Repeatedly or continuously behaving in a controlling or coercive way towards a person you are personally connected to, where it has a serious effect on them.

Controlling or coercive behaviour · Serious Crime Act 2015, s.76Card 36 / 85

Points to prove

Repeatedly or continuously engaged in behaviour towards another person
That was controlling or coercive
At the time of the behaviour, they were personally connected
The behaviour had a serious effect on the other person
Knew or ought to have known that the behaviour would have a serious effect on the other person

Key definitions

Personally connected – s.76(6): they are or have been married or civil partners; they have agreed to marry or entered a civil partnership agreement (even if ended); they are or have been in an intimate personal relationship; they each have, or have had, a parental relationship to the same child (s.76(6A)); or they are relatives.
Relative – s.76(7): has the meaning in s.63(1) Family Law Act 1996.
Serious effect – s.76(4): the behaviour causes the victim to fear, on at least two occasions, that violence will be used against them; or causes them serious alarm or distress which has a substantial adverse effect on their usual day-to-day activities.
Ought to know – s.76(5): what a reasonable person in possession of the same information would know.
Controlling or coercive – not defined in the Act. It takes its ordinary meaning.

Defences

Best interests – s.76(8): the defendant believed they were acting in the victim’s best interests, and the behaviour was reasonable in all the circumstances.
The defendant only has to raise enough evidence to make this an issue. The prosecution must then disprove it beyond reasonable doubt (s.76(9)).
Not available for behaviour that causes the victim to fear violence will be used against them (s.76(10)).

Good to know

Since 5 April 2023 (Domestic Abuse Act 2021), family members and former partners no longer need to live together. Post-separation abuse is covered.
No offence where the defendant has responsibility for the victim under Part 1 of the Children and Young Persons Act 1933 and the victim is under 16 (s.76(3)). Child cruelty under s.1 of that Act covers this.
A single incident is not enough: the behaviour must be repeated or continuous.

Legislation: Serious Crime Act 2015, s.76 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)