Coercive Control And Sentencing Guidelines In The UK: A Legal Guide

Coercive control is a form of domestic abuse that often goes unnoticed, as it doesn’t always involve physical violence. It can have severe emotional and psychological effects on the victim and it is now recognised as a criminal offence in the UK. Understanding the legal definition of coercive control, its impact and the sentencing guidelines is essential for both victims and those accused of it. Here we will explain what coercive control is, how it’s prosecuted and the sentencing guidelines for offenders in the UK.

What Is Coercive Control?

Coercive control is a pattern of controlling, coercive and threatening behaviour that causes harm to the victim. This form of abuse typically occurs in intimate partner relationships and is designed to intimidate, isolate and dominate the victim. It can involve:

• Manipulation, threats and intimidation.
• Isolating the victim from friends and family.
• Controlling access to money, food or transportation.
• Monitoring or controlling the victim's communication, activities or movements.
• Humiliating or belittling the victim, leading to a loss of self-worth.

In 2015, coercive control became a criminal offence under Section 76 of the Serious Crime Act 2015. The law aims to protect victims from prolonged and psychological abuse, which can be just as harmful as physical violence.

How Is Coercive Control Prosecuted?

Coercive control cases are often challenging to prosecute because the evidence tends to be less visible than physical abuse. However, the law is clear and prosecutors can pursue convictions based on the victim’s testimony and other forms of evidence. Key steps involved in prosecuting coercive control include:

1. Collecting Evidence: Evidence in coercive control cases can be difficult to obtain, as the abuse is often ongoing and invisible to others. Victims may need to provide detailed accounts of the behaviour, along with any communications such as text messages, emails or recordings. Witness statements from family members, friends or colleagues can also play a significant role.
2. Victim Testimony: In many cases, the victim's testimony is critical. Prosecutors may work with the victim to ensure their account of the abuse is presented effectively in court.
3. Expert Testimony: In some cases, experts such as psychologists or social workers may provide testimony to explain the psychological effects of coercive control on the victim.

Sentencing Guidelines For Coercive Control in the UK

Coercive control is treated as a serious crime under UK law and offenders can face substantial penalties. The sentencing guidelines for coercive control depend on the severity of the abuse and the impact on the victim. The key factors that judges will consider when determining a sentence include:

1. The Degree Of Control: The more pervasive and prolonged the control, the more severe the penalty. For example, if the offender systematically isolated the victim, monitored their movements and restricted their access to support, this would result in a more serious sentence.
2. The Impact On The Victim: If the victim suffered significant emotional, psychological, or financial harm, this would also be a factor that the court would consider. Victims may experience long-term trauma, including anxiety, depression, or even suicidal thoughts as a result of coercive control.
3. Aggravating Factors: Aggravating factors include prior criminal convictions, any use of violence or threats, or any violation of previous court orders such as restraining orders or non-molestation orders.
4. Mitigating Factors: Mitigating factors might include a genuine expression of remorse, an offender's willingness to undergo rehabilitation, or evidence that the offender has taken steps to address their behaviour.

What Are The Penalties For Coercive Control?

Under UK law, coercive control is a criminal offence with serious penalties. The maximum sentence for coercive control is 5 years in prison, a fine, or both. Sentencing can vary based on the facts of the case, including the seriousness of the offence, any aggravating or mitigating factors and the offender's prior criminal history.

For example:

• Lower-level sentences: might be imposed for offenders with no prior convictions and who have shown remorse or cooperated with authorities.
• More severe sentences: may be given to offenders who have caused significant harm to the victim or have a history of abusive behaviour.

How We Can Help

At Gavin Edmondson Solicitors, we have a dedicated team that specialises in cases involving domestic abuse and coercive control. Whether you are a victim seeking protection or someone accused of coercive control, our experienced solicitors can provide confidential advice and representation. We understand the sensitive nature of these cases and can guide you through the legal process with care and expertise.

Frequently Asked Questions (FAQs) About Coercive Control

What constitutes coercive control under UK law?

Coercive control involves controlling, isolating and manipulating a victim over time to the extent that it causes them significant harm. This can include psychological abuse, restricting access to resources, monitoring their movements and threatening violence.

Can coercive control be a criminal offence even if no physical violence occurs?

Yes, coercive control is considered a criminal offence under UK law, even if there is no physical violence involved. The key element is the pattern of abusive behaviour that causes psychological and emotional harm to the victim.

What evidence is required to prove coercive control?

Evidence in coercive control cases can include victim testimony, communications such as text messages and emails, witness statements from friends or family and expert testimony about the psychological impact on the victim.

How long can someone be sentenced for coercive control?

The maximum sentence for coercive control is 5 years in prison, a fine, or both. The length of the sentence depends on factors such as the severity of the control, the harm caused to the victim and any prior criminal history.

What are the signs of coercive control?

Signs of coercive control may include isolation from family and friends, constant monitoring of a partner’s movements, controlling finances, limiting access to food or transportation and repeated belittling or humiliation.

What should I do if I am a victim of coercive control?

If you are a victim, it is important to seek help as soon as possible. Contact a solicitor who specialises in domestic abuse cases to explore your options for protection, such as applying for a restraining order or pursuing criminal charges.

Can I be charged with coercive control if there is no physical violence?

Yes, an individual can be charged with coercive control even if no physical violence has occurred. The offence focuses on controlling behaviour and the resulting harm to the victim, rather than physical abuse alone.