Serious Crime Act 2015

Domestic abuse E+W

76 Controlling or coercive behaviour in an intimate or family relationship E+W

(1) A person (A) commits an offence if—

(a) A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive,

(b) at the time of the behaviour, A and B are personally connected [F1 (see subsection (6))],

(c) the behaviour has a serious effect on B, and

(d) A knows or ought to know that the behaviour will have a serious effect on B.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) But A does not commit an offence under this section if at the time of the behaviour in question—

(a) A has responsibility for B, for the purposes of Part 1 of the Children and Young Persons Act 1933 (see section 17 of that Act), and

(b) B is under 16.

(4) A's behaviour has a “serious effect” on B if—

(a) it causes B to fear, on at least two occasions, that violence will be used against B, or

(b) it causes B serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities.

(5) For the purposes of subsection (1)(d) A “ought to know” that which a reasonable person in possession of the same information would know.

[F3 (6) A and B are “personally connected” if any of the following applies—

(a) they are, or have been, married to each other;

(b) they are, or have been, civil partners of each other;

(c) they have agreed to marry one another (whether or not the agreement has been terminated);

(d) they have entered into a civil partnership agreement (whether or not the agreement has been terminated);

(e) they are, or have been, in an intimate personal relationship with each other;

(f) they each have, or there has been a time when they each have had, a parental relationship in relation to the same child (see subsection (6A));

(g) they are relatives.

(6A) For the purposes of subsection (6)(f) a person has a parental relationship in relation to a child if—

(a) the person is a parent of the child, or

(b) the person has parental responsibility for the child.]

(7) In [F4 subsections (6) and (6A)] —

• “civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004;

• “child” means a person under the age of 18 years;

• “parental responsibility” has the same meaning as in the Children Act 1989;

• “relative” has the meaning given by section 63(1) of the Family Law Act 1996.

(8) In proceedings for an offence under this section it is a defence for A to show that—

(a) in engaging in the behaviour in question, A believed that he or she was acting in B's best interests, and

(b) the behaviour was in all the circumstances reasonable.

(9) A is to be taken to have shown the facts mentioned in subsection (8) if—

(a) sufficient evidence of the facts is adduced to raise an issue with respect to them, and

(b) the contrary is not proved beyond reasonable doubt.

(10) The defence in subsection (8) is not available to A in relation to behaviour that causes B to fear that violence will be used against B.

(11) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not exceeding [F5 the general limit in a magistrates’ court], or a fine, or both.

Textual Amendments

F1 Words in s. 76(1)(b) inserted (5.4.2023) by Domestic Abuse Act 2021 (c. 17), ss. 68(2), 90(6); S.I. 2023/406, reg. 2(a) (with reg. 3)

F2 S. 76(2) omitted (5.4.2023) by virtue of Domestic Abuse Act 2021 (c. 17), ss. 68(3), 90(6); S.I. 2023/406, reg. 2(a) (with reg. 3)

F3 S. 76(6)(6A) substituted for s. 76(6) (5.4.2023) by Domestic Abuse Act 2021 (c. 17), ss. 68(4), 90(6); S.I. 2023/406, reg. 2(a) (with reg. 3)

F4 Words in s. 76(7) substituted (5.4.2023) by Domestic Abuse Act 2021 (c. 17), ss. 68(5), 90(6); S.I. 2023/406, reg. 2(a) (with reg. 3)

F5 Words in s. 76(11)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

Commencement Information

I1 S. 76 in force at 29.12.2015 by S.I. 2015/1976, reg. 2(a)

[F6 76A Offences under section 76 committed outside the United Kingdom E+W

(1) If—

(a) a person's behaviour consists of or includes behaviour in a country outside the United Kingdom,

(b) the behaviour would constitute an offence under section 76 if it occurred in England and Wales, and

(c) the person is a United Kingdom national or is habitually resident in England and Wales,

the person is guilty in England and Wales of that offence.

(2) In this section—

• “country” includes territory;

• “United Kingdom national” means an individual who is—

  (a)

  a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

  (b)

  a person who under the British Nationality Act 1981 is a British subject, or

  (c)

  a British protected person within the meaning of that Act.]

Textual Amendments

F6 S. 76A inserted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 3

77 Guidance about investigation of offences under section 76 E+W

(1) The Secretary of State may issue guidance about the investigation of offences under section 76 to whatever persons the Secretary of State considers appropriate.

(2) The Secretary of State may revise any guidance issued under this section.

(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published.

Commencement Information

I2 S. 77 in force at 29.12.2015 by S.I. 2015/1976, reg. 2(b)