Controlling and Coercive Behaviour – the easy target? 

Olliers’ Senior Associate Nicola Bruce considers the offence of controlling and coercive behaviour and the increasing numbers of individuals arrested for such offences.

I have noticed a trend in the decisions of the police to arrest individuals for the offence of controlling and coercive behaviour (CCB) or include it as an additional offence in situations where it appears to be not supported by tangible evidence.

In approximately the last 12 months, I have had 12 of my private client cases conclude in a No Further Action decision (which means the case was dropped) following Pre-Charge Engagement, where my client had been arrested for domestic-related offence(s) including CCB where there appeared to be insufficient evidence of CCB from the outset. This has led me to recognise a pattern developing and a belief that the offence of CCB renders individuals an easy target due to what appears to be a blurred and fine line as to what behaviour falls under the definition of the offence.

What is controlling and coercive behaviour?

The offence of CCB was introduced by Section 76 of the Serious Crime Act 2015 (SCA), to protect victims of domestic abuse from psychological harm inflicted by abusive partners or relatives. The maximum penalty is five years imprisonment.

There is no denying that there is a significant number of cases where the offence of CCB is present and serious harm is being caused to others. The rise in domestic abuse and the need to protect victims is significant and the introduction of Section 76 SCA, is helping to provide that protection. The Crime Survey for England and Wales (CSEW) estimated 2.4 million adults aged 16 years and over experienced domestic abuse in the year ending March 2022.

This article is not meant to dissuade a victim of CCB from reporting an offence or cast doubt to the effectiveness of the legislation but merely to shine a light on situations where the police should be more proactive in recognising where the elements of the offence are not met to avoid a victim, the suspect and the criminal justice system from wasted time and expense.

How is controlling and coercive behaviour defined?

The offence of CCB is committed where there is evidence of ‘repeated or continued behaviour’ that had a ‘serious effect’ on the victim, that was more than just a disagreement or inconvenience. It is these latter situations, ‘disagreement or inconvenience,’ that I am referring to here. Situations where the evidence to support the offence is weak or non-existent. The number of cases where I have seen this has highlighted to me a trend that the offence is being invoked in situations where there is not a clear pattern of controlling behaviour.

Is the offence of controlling and coercive behaviour being overused by police?

This has raised my concern that the legislation may be being overused by the police who are expanding its scope to encompass normal relationship disagreements and issues better suited for resolution in the family court. It has become what I can only describe as the ‘easy target’ and ‘throw-away’ offence, tagged on and later dropped. The CPS data summary Quarter 1 2022-2023 reports an increase in referrals from the police in 22/23 but a decrease in prosecutions and convictions for domestic related matters. The CPS data summary Quarter 1 23/24 an increase of referrals from the police (by 1.8% from 22/23), a decrease in charging (by 4.3% higher than 22/23) and a decrease in completed prosecutions (by 2.7% from 22/23).

Numbers of arrests for controlling and coercive behaviour

The West Yorkshire Police, Freedom of Information Act 2000 disclosure of information relating to the offence of CCB (between 2019 to 2024) reveals that in the number of arrests has steadily increased with a very low prosecution rate:

• 2019: 2116 arrests – 66 charge/summons
• 2020: 2396 arrests – 100 charge/summons
• 2021: 3096 arrest – 86 charge/summons
• 2022: 3305 arrest – 118 charge/summons
• 2023: 3487 arrest – 122 charge/summons
• 2024 (to 05/2023): 1492 arrests which resulted in 40 charge/summons

Why are there so many arrests for controlling and coercive behaviour?

So why is this happening? I have the utmost respect for the police. They work very hard and their service to the community is invaluable. Under-resourced and the need to meet arrest rates for monitoring and compliance, is something that I imagine weighs heavily on police officers. But what is clear to me, is that the offence of CCB provides the police with an easy reason to arrest – the ‘easy target’ offence. Fleeting comments made in passing by a victim, at the time of reporting incident, seem to be picked out by the police and misinterpreted as amounting to CCB. This has led to an overuse of the offence and the line between what amounts to normal relationship behaviour (particularly where the relationship is breaking down and arguments are occurring) and controlling or coercive behaviour, has become fine.

What impact is the police overusing controlling and coercive behaviour having?

The overuse is creating additional lengthy and protracted investigations as it increases potential lines of inquiry on an already struggling police force. The impact not only affects individuals arrested, like my clients, who will be subject to a longer period on police bail and a significant, sometimes catastrophic, impact on their mental health and finances, but it also affects the victim as she/he would be required to provide additional evidence (leading to inquiries into areas of her/his life, that may not have been anticipated and which could feel intrusive e.g. medical records, therapy records, bank records, employment records, mobile phone data, witness statements).

Last, but not least, let’s not forget the overall strain on the Criminal Justice system and public purse. Particularly where suspects who have not had the benefit of Pre-Charge Engagement and face criminal proceedings before the courts. Whilst CCB may have become the ‘easy target’ and ‘throw away’ offence – the ultimate cost is many thousands of pounds!

So, what is the answer?

The introduction of Section 76 SCA offence occurred nearly 10 years ago. Whilst the legislation is not ‘new’, it is still in its infancy (when compared to English law and legislation). Up-to-date training for the police to shine a light on the ‘fine line’ of what amounts to CCB, to avoid the sweeping approach and prevent the offence of CCB being the throw-away offence.

How can Olliers help you if you are arrested for controlling and coercive behaviour?

If you find yourself in the unfortunate position of being arrested, it is essential that you receive professional advice at all stages, including during the police interview and legal representation by way of Pre-Charge Engagement.

In my role as a Senior Associate Solicitor, my primary focus is Pre-Charge Engagement, involves extensive engagement with the police and CPS and provided successful results for many of my clients.

Links to data

CPS data summary Quarter 1 2023-2024 | The Crown Prosecution Service

CPS data summary Quarter 1 2022-2023 | The Crown Prosecution Service

May 2024 FOI 2085204-24 Controlling and Coercive Behaviour | West Yorkshire Police