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What are the controlling and coercive behaviour sentencing guidelines?

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If you have been accused of controlling and coercive behaviour, it is extremely important that you understand the nature of the offence and the corresponding sentencing guidelines.

The type of sentence that could be handed out for coercive and controlling behaviour can vary depending on a wide range of factors, ranging from a low-level community order, through to a maximum of five years’ custody.

In the following blog, we discuss the offence in detail, including what the controlling and coercive behaviour sentencing guidelines involve, what the courts will consider when assessing a case and the factors that can influence the severity of a potential sentence.

Please note that the following article is for informational purposes only and should not be considered legal advice. If you need legal support with allegations relating to controlling and coercive behaviour, please get in touch, and our team can advise you.

What is controlling and coercive behaviour?

Controlling and coercive behaviour legislation is outlined in Section 76 of the Serious Crime Act 2015 (SCA 2015).

Coercive and controlling behaviour is a form of domestic abuse. It involves any acts designed to manipulate how someone acts, thinks and feels. Victims of coercive and controlling behaviour will be left isolated, exploited and lacking independence.

Coercive and controlling behaviour can take the form of threats, humiliation tactics, intimidation and physical violence. 

Examples of coercive and controlling behaviour may include:

  • Preventing someone from seeing or talking to family, friends and colleagues
  • Monitoring and controlling where someone goes
  • Controlling what someone eats
  • Monitoring phone calls and text messages
  • Verbal abuse
  • Financial control

The points that the prosecution will seek to prove for coercive and controlling behaviour are that:

  • The behaviour was repeated, and
  • The defendant personally knew the victim, and
  • Their behaviour had a serious effect on the victim, and
  • The defendant knew, or reasonably ought to have known, that their behaviour would have had a serious effect on the victim.

What are the sentencing guidelines for controlling and coercive behaviour in the UK?

The controlling and coercive behaviour sentencing guidelines are wide-ranging, depending on how the courts categorise an offence.

The offence is triable either way, which means it could be heard in the Magistrates’ or Crown Court.

The offence range is between a community order and four years’ custody, while the maximum sentence is five years’ custody.

How do courts determine sentences for controlling and coercive behaviour offences?

When determining the severity of a sentence for controlling and coercive behaviour offences, the court will weigh up several factors to assess the culpability of the offender and the harm caused.

There are three levels of culpability:

  • A – Higher culpability
  • B – Medium culpability
  • C – Lesser culpability

There are two levels of harm:

  • Category 1
  • Category 2

Higher levels of both culpability and harm will lead to a more serious sentence. The most serious sentences will be handed out in cases where culpability is in the ‘higher’ bracket and harm is ‘category 1’.

Are there different sentencing tiers for controlling and coercive behaviour based on severity?

Yes, as discussed above, there are different sentencing tiers for controlling and coercive behaviour, which are determined by the severity of the offence (harm and culpability).

What's the maximum sentence for controlling and coercive behaviour?

The maximum sentence for controlling and coercive behaviour is five years’ custody.

What factors aggravate a sentence for controlling and coercive behaviour?

There are a range of aggravating factors which could increase the severity of a controlling and coercive behaviour sentence in the UK. These include:

  • Previous convictions
  • Offence committed on bail
  • Offence motivated by religion, race, disability, sexual orientation, or transgender identity
  • Steps taken to prevent a victim from reporting an incident
  • Proven history of violence
  • Offence impacting children
  • Offence impacting a vulnerable victim

What mitigating factors might reduce a sentence for controlling and coercive behaviour?

On the other hand, there are also several mitigating factors which could decrease the severity of a controlling or coercive behaviour sentence. These include:

  • No prior or relevant/recent convictions
  • Remorse
  • Positive character and/or exemplary conduct
  • Serious medical conditions
  • Age and/or lack of maturity
  • Learning disability or mental disorder
  • Sole or primary carer for a dependent relative
  • Determination or demonstration of steps take to address offending behaviour

Do previous convictions impact sentencing for controlling and coercive behaviour?

Yes, previous convictions can have an impact on the sentence for controlling and coercive behaviour, particularly those which are closely related to the offence, or those which took place more recently.

Related offences

We also provide support and guidance on various other matters related to controlling and coercive control sentencing guidelines, including:

Related cases

Fees and funding

We are always clear and upfront when it comes to legal fees.

If you are required to attend court for an offence, you may be eligible for Legal Aid. Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.       

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

Contact our coercive control solicitors today

If you are due to attend the police station, require any urgent specialist advice in relation to controlling and coercive control sentencing, or immediate representation, please do not hesitate to get in touch.

You can contact our dedicated coercive control solicitors in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide a prompt, friendly response.