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England & Wales · 2015

Serious Crime Act 2015, s.76 — Controlling or Coercive Behaviour

Protects: People in an intimate or family relationship with the perpetrator (extended in 2023 to former partners and family members not living together).

Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.

Summary

Criminalises a pattern of behaviour that has a serious effect on the victim (causing fear of violence on at least two occasions, or serious alarm or distress with a substantial adverse effect on day-to-day activities). Maximum 5 years' imprisonment.

Key provisions

Behaviour

Isolation, monitoring, financial control, threats, humiliation, degradation, manipulation of children, controlling daily activity.

Evidential focus

Cumulative pattern, not single incidents. Diaries, texts, third-party statements, expert evidence of impact.

Statutory defence

Defendant acted in best interests of the victim and behaviour was reasonable in the circumstances.

What this Act affects

The specific protective court orders and decision points this Act creates or feeds — with the exact statutory section.

  • Coercive / controlling behaviour offence

    s.76

    Decision point: stand-alone criminal charge supporting bail conditions, restraining orders on conviction (PHA 1997 s.5) and DA evidence gateway for legal aid (Reg.33 LASPO Procedure Regs).

  • Conviction routinely leads to a restraining order limiting contact and locations.

  • Child Arrangements Order — risk assessments.76 + PD12J Family Procedure Rules

    s.76 findings (or charge/conviction) trigger PD12J fact-finding and rebut the s.1(2A) CA 1989 presumption of involvement.

Read the official text on legislation.gov.uk

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