What the offence is
Section 76 of the Serious Crime Act 2015 makes it an offence to engage in behaviour that is controlling or coercive towards another person with whom you are ‘personally connected’ — a partner, former partner, or family member who lives with or has lived with you. The behaviour must have a ‘serious effect’, meaning it causes the other person to fear, on at least two occasions, that violence will be used against them, or it causes serious alarm or distress which has a substantial adverse effect on their day-to-day activities.
Since amendments brought in by the Domestic Abuse Act 2021, the offence can also be committed on a single occasion where the behaviour takes place in the context of an intimate or family relationship and has a serious effect, broadening the circumstances in which a charge can be brought.
How these cases arise
Allegations frequently surface during relationship breakdown, separation, or family proceedings. Evidence often relies on messages, financial control, isolation from friends and family, monitoring of movements, and patterns of behaviour over time. Trials can involve cross-examination about the nature and effect of the relationship, and findings made in the family court are sometimes sought to be relied upon.
Defences
- No 'personally connected' relationship within the meaning of the Act
- No course of conduct, and no single occasion with the necessary context and serious effect
- The behaviour did not have a 'serious effect' on the complainant
- The statutory defence: the behaviour was in the best interests of the other person and, in the circumstances, reasonable — though this does not apply where the behaviour causes fear of violence
- Factual dispute about what was said or done, and the authorship of the evidence
Sentencing
The offence is triable either-way. On indictment the maximum sentence is five years’ imprisonment. Sentencing guidelines assess culpability and harm, with aggravating factors including the impact on children and the use of threats. A restraining order can be imposed on conviction or, in some circumstances, on acquittal.
Frequently asked questions
Yes. Section 76 of the Serious Crime Act 2015 makes it an offence, triable either-way, carrying up to five years’ imprisonment on indictment. It applies to behaviour within an intimate or family relationship that has a serious effect on the other person.
Yes. Allegations often arise during relationship breakdown or family proceedings. We advise on the interplay between any criminal investigation and parallel family court findings, and on how to protect your position in both.
It means the behaviour causes the complainant to fear violence on at least two occasions, or causes serious alarm or distress that has a substantial adverse effect on their day-to-day activities. The effect is judged on the particular complainant, but the behaviour must be such as a reasonable person would recognise as controlling or coercive.
Up to five years’ imprisonment on indictment. The offence is triable either-way, so it can be dealt with in the magistrates’ court or the Crown Court depending on seriousness.