Controlling and coercive behaviour sentencing guidelines UK

Controlling and coercive behaviour is a relatively new criminal offence, having been around for just a decade. In that time, it has become an important tool in domestic abuse law, with courts treating the harm caused by these kinds of behaviours incredibly seriously. 

Due to the fact that it’s a relatively new offence, not everyone is even fully aware that it constitutes criminal behaviour. To clear things up a little, this article serves as a brief guide, paying extra attention to the way that it is sentenced in the UK.

If you or someone you care about is under investigation for controlling and coercive behaviour, or has been charged, it is imperative that you seek legal assistance as soon as possible. This guide is an introduction only, and does not replace advice from an experienced criminal defence solicitor.

 

Controlling and coercive behaviour defined

Legally speaking, the offence is outlined in Section 76 of the Serious Crime Act 2015, and further developed in the Domestic Abuse Act 2021. According to these acts, someone may be guilty of controlling and coercive behaviour if they repeatedly engage in control of someone with whom they are in an intimate or familial relationship.

This behaviour must have a serious effect on the victim, and the offender must know that it would have a serious effect on the victim. The kinds of behaviours that could be included under this definition are:

• Isolating someone from their family and friends
• Monitoring how they use their time
• Using online communication tools or spyware to monitor someone
• Taking control over parts of their life, such as who they can see, what they are allowed to do and what they can wear
• Depriving access to support services
• Enforcing rules and other activities which humiliate the victim
• Withholding documents that make it difficult for the victim to exercise their autonomy. 

This is by no means an exhaustive list, and the kinds of behaviour that fall under this definition are often situation-specific. While initially, the offence only covered people who were currently in partnerships and living in the same property, the update in 2021 expanded this to ensure that more people would be placed under its protection.

 

Maximum sentence

According to the sentencing guidelines, the maximum sentence that can be handed out to someone found guilty of controlling and coercive behaviour is five years’ imprisonment, if heard in the Crown Court. If the case is heard in the Magistrates’ Court, then the maximum sentence will be 12 months. 

How the sentence will be determined

To calculate an appropriate sentence, the judge will look at two main elements: culpability (or how blameworthy the offender can be considered) and harm (the size of the impact on the victim). 

In general, higher culpability cases will involve prolonged controlling and coercive behaviour, threats of violence, and victims who were especially vulnerable. Lower culpability cases will often involve less persistent coercive behaviour, genuine remorse, and circumstances that had an effect on the judgement of the offender. 

Harm in these cases is determined by assessing the psychological and practical impact it had on the victim. More severe restrictions and psychological trauma will be treated more seriously than cases where the victim’s freedom is not so severely restricted, and the ongoing impact is less serious.

 

How sentences are determined

Once a guilty verdict has been determined, the judge will look at both harm and culpability to see what the sentencing guidelines suggest. If a case involves both high levels of harm and culpability, then the starting point is 2 and a half years in prison, with a range of between 1 and 4 years in prison. 

At the other end of the scale, if there is both low culpability and low levels of harm, then the starting point is a medium level community order, with a range of between a low level community order and 26 weeks in prison.

Additional orders

Due to the nature of these kinds of offences, it’s possible that the judge will also impose additional orders, alongside the primary sentence. These might typically include restraining orders, that aim to prevent any contact with the victim, or the forfeiture of certain items that were used to carry out the offence.

 

Impacting factors

In addition to culpability and harm, there are also a range of factors, both aggravating and mitigating, that may lead to a higher or lower sentence, respectively.

Aggravating factors

Factors that may lead to a higher sentence include having committed previous offences of a similar nature, attempting to prevent the victim from seeking assistance or reporting the offence, impacting the well-being of children through the offence, or targeting a victim who is particularly vulnerable.

Mitigating factors

Factors that can reduce the seriousness of the sentence include showing genuine remorse, a younger age or otherwise lacking in maturity, having a duty of care for others, or coming from a difficult or otherwise deprived background.

 

The complexity of defence

Because these kinds of cases involve ongoing patterns of behaviour, rather than distinct, isolated events, both the prosecution and defence processes can end up being quite complicated. 

Defences might involve contesting the serious effect that the behaviour had on the victim, arguing that some of the actions were in fact reasonable, or that the behaviour otherwise did not meet the legal definition of the offence. 

In most cases, building a defence will involve compiling witness statements, communication records, and any other documentable facts that outline the general context in which the alleged behaviours took place. This can take a lot of time to do properly, meaning that the earlier you can seek legal advice, the better the outcome will likely be.

Your criminal defence solicitor will also be able to advise you before and during any police interviews you attend, arrange for your representation in court if necessary, and help you to navigate any appeals processes. Make sure that you choose a solicitor with extensive experience in these kinds of offences, to ensure the best possible result.