Controlling or Coercive Behaviour in Criminal Practice - Elements, Application & Sentencing

Introduction

This virtual classroom seminar will provide guidance and insight from an experienced criminal practitioner (CPS Grade 4 RASSO) into the offence of controlling or coercive behaviour in an intimate or family relationship, contrary to section 76 of the Serious Crime Act 2015.

The elements and development of the offence will be considered, as well as how the offence has been deployed in practice. This will include consideration of supporting evidence, disclosure requests and legal directions.

Practical examples will be used to discuss these themes and appropriate framing of the indictment.

This live session will consider the impact of the offence upon associated offences and bad character applications.

It will also examine the sentencing guidelines and authorities, including consideration of the impact of the changes to the Sentencing Code from 22 March 2026.

What You Will Learn

This live and interactive course will cover the following:

• Explanation of the offence
• Elements and development of the offence
• ‘Behaviours’ the offence is designed to cover
• Scrutinising whether the ‘serious effect’ comes under s.76(4)(a) or (b)
• Documentary and other real evidence relevant to the offence
• Disclosure requests in the context of the offence and consideration of R v BJ
• Chilvers - no need for a Brown direction
• Drafting of indictment and related offences
• Bad character applications
• Sentencing guidelines and authorities - including potential impact of 22 March 2026 changes
• Ancillary orders

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.