Controlling or Coercive Behaviour in an Intimate or Family Relationship (Section 76 Serious Crime Act 2015)

Controlling or Coercive Behaviour in an Intimate or Family Relationship is an offence under s.76 Serious Crime Act 2015. A person (A) commits the offence 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 (s.76(1)). Behaviour has a serious effect if it causes B to fear, on at least two occasions, that violence will be used against B, or causes B serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities (s.76(4)). A and B are personally connected if they are or have been married or civil partners, have agreed to marry or entered a civil partnership agreement, are or have been in an intimate personal relationship, each have or have had a parental relationship in relation to the same child, or are relatives (s.76(6)). A does not commit the offence if A has responsibility for B for the purposes of Part 1 of the Children and Young Persons Act 1933 and B is under 16 (s.76(3)). It is a defence for A to show that A believed he or she was acting in B's best interests and the behaviour was in all the circumstances reasonable, but not in relation to behaviour that causes B to fear that violence will be used against B (s.76(8) and (10)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding five years, a fine or both; on summary conviction, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months in the case of an offence triable either way: Sentencing Act 2020, s.224(1A)(b)), a fine or both (s.76(11)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Officers should photograph injuries at the earliest opportunity and again after 24-48 hours (bruising develops). Domestic abuse cases require completion of a DASH risk assessment. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).