There has been a marked rise in allegations of controlling and coercive behaviour under s.76 of the Serious Crime Act 2015. What began as a legislative response to non-physical domestic abuse has become one of the most frequently charged offences in the domestic sphere.
A growing area of prosecution
Since the offence came into force, reports and prosecutions have increased sharply. Police now record tens of thousands of such cases annually – driven by greater awareness and proactive policing, rather than necessarily a surge in offending.
What might once have been dismissed as a ‘relationship issue’ is now seen as a potential pattern of criminal control. That reframing has significant consequences for suspects and complainants alike.
Sentencing
This offence carries a maximum of five years’ imprisonment and sentencing guidelines make clear that it’s far from low-level.
For the most serious cases (high culpability and serious harm), the starting point is 2 years and 6 months’ custody. Even a defendant with previous good character offers no protection against immediate custody when behaviour meets the statutory threshold.
Why complaints are made
Not every allegation stems from deliberate wrongdoing. Motivations and contexts can be complex. For example:
- Disputes arising from divorce, finances or child contact;
- A single event reframed as a longer pattern of control;
- Cultural or communication differences that distort interpretation;
- Complaints made after time has passed and perspectives have shifted.
Each case requires forensic analysis – messages, digital records, third-party evidence and timelines – to test the accuracy and consistency of the narrative presented.
If you or someone you know is facing an allegation of controlling or coercive behaviour or may be a victim of this behaviour, seek specialist advice immediately. The right early guidance can make a decisive difference to both outcome and impact. Please contact B P Collins’ criminal team at enquiries@bpcollins.co.uk or call 01753 889995.
