Evolution of a concept: ten years of controlling and coercive behaviour legislation
The introduction of the offence of controlling and coercive behaviour under section 76 of the Serious Crime Act 2015 marked a significant milestone in the UK’s legal framework for addressing domestic abuse. Enacted on 29 December 2015, this legislation criminalised patterns of behaviour within intimate or family relationships that cause fear, alarm or distress.
Over the past decade the law has evolved through statutory amendments, judicial interpretations and policy developments, to strengthen protections for victims and enhance enforcement. This article explores the key developments in this legislation from 2015 to 2025, highlighting legislative changes, case law and broader societal impacts.
While the legislation has undoubtedly advanced recognition of non-physical abuse, its practical impact remains uneven, exposing a gap between legislative ambition and enforcement reality.
2015 – 2018: early implementation
In the initial years implementation faced challenges. Police forces and prosecutors required training to recognise non-physical abuse, as coercive control often lacks visible evidence. This slow adaptation arguably reflected potential institutional scepticism or lack of awareness about emotional abuse as a prosecutable harm.
By 2017 data from the Crown Prosecution Service (CPS) showed only 468 charges under section 76, with 235 convictions, indicating underuse compared to the estimated prevalence of domestic abuse. A 2021 review of the controlling or coercive behaviour offence identified barriers, including victims’ reluctance to report due to fear or lack of awareness, and difficulties in gathering evidence for intangible behaviour. To address these issues, the CPS updated its guidance in 2017, emphasising digital evidence (eg text messages, social media posts) and victim testimony to build cases. Training programmes for police, such as those by the College of Policing, expanded to improve identification of coercive patterns.
2018–2020: judicial clarification and case law
Case law played a crucial role in shaping the application of the law. The case of R v Challen [2019] EWCA Crim 916 placed a spotlight on the use of coercive control in homicide cases. Sally Challen was convicted of her husband’s murder in 2011 after she endured over 40 years of psychological and emotional abuse by her husband, which was later recognised as coercive control in her 2019 appeal. At the time of her original trial, defences such as provocation or loss of control typically required evidence of physical violence, and prolonged emotional abuse was not considered in the same way.
In February 2019 the Court of Appeal quashed Challen’s murder conviction, relying upon fresh psychiatric evidence of mental disorders exacerbated by her husband’s coercive control. This evidence supported a defence of diminished responsibility, leading to a manslaughter plea being offered and accepted. The case of Challen highlighted how trials that predate the 2015 legislation often overlooked coercive behaviours, frequently labelling women defendants as “jealous” or “mad”. The case of Sally Challen can also be seen as a watershed moment, by not only redefining criminal responsibility but also challenging entrenched gender narratives in criminal justice.
2020-2025: expansion of the legislation
Despite five years of the Act’s existence, conviction rates did not reflect the scale of the problem initially anticipated. This was attributed to difficulties in building cases due to the nature of the offence and victims’ reluctance to engage with or support prosecutions. In response, section 77 of the Serious Crime Act 2015 introduced statutory guidance to assist in identifying, evidencing, charging and prosecuting controlling and coercive behaviour. The guidance clarified what constitutes such behaviour, outlined the range of applicable behaviours, and encouraged officers to consider patterns and broader contexts when investigating. It also promoted the use of protection orders and victim support mechanisms.
In 2019 controlling and coercive behaviour was added to the Unduly Lenient Sentence (ULS) scheme, allowing anyone to request that the Attorney General refer a sentence to the Court of Appeal for review, potentially increasing it if deemed unduly lenient. This step underscored the recognition of domestic abuse in criminal courts and the complexity of sentencing such offences.
In addition, the legislation itself was expanded to broaden its scope. Section 76(6) originally required individuals to be “personally connected”, a narrow definition limited to those in intimate relationships or cohabiting. The Domestic Abuse Act 2021, enacted on 5 April 2023, broadened this definition to include post-separation relationships and those sharing parental responsibility for a child.
The definition broadens the scope so far that relatives can also be captured by the legislation. This monumental change made the legislation more accessible, capturing a wider range of victims and circumstances. Consequently, conviction rates rose faster than in previous years since the legislation’s introduction. Whilst the expansion was widely welcomed, some practitioners cautioned that the broader definitions may complicate evidence-gathering and cause a stretch on already limited resources.
The change was reflected in the statistics with the ONS reporting that there were 45,310 offences of coercive control recorded by the police in England and Wales in the year ending 2024. The rise from 43,774 in the previous year was attributed to improvements made by the police and the use of the new law accordingly.
The next 10 years
Looking ahead, the legal landscape surrounding controlling and coercive behaviour in England and Wales is poised for further evolution, with significant implications for defendants. The Victims and Prisoners Act 2024, effective from February 2025, mandates Multi-Agency Public Protection Arrangements (MAPPA) for offenders sentenced to 12 months or more for controlling and coercive behaviour. Previously, MAPPA’s involvement was discretionary. This change will now place a legal requirement on the police, probation service and other agencies to share information about offenders deemed a risk to others.
The current government’s focus on tackling violence against women and girls is evident. In 2025 the introduction of domestic abuse specialists in 999 control rooms across five police forces marked a step towards ensuring victims receive specialist support from the outset. Such initiatives are likely to improve the quality and thoroughness of investigations into offences like controlling and coercive behaviour. Whilst this initiative marks a pragmatic step towards early intervention, its success will depend on sustainable funding and consistent training, issues that have historically hindered reform. As society evolves, particularly with the increasing role of social media and artificial intelligence, the offence will likely require further legislative amendments and guidance to keep pace with new methods of perpetration and emerging behaviours.
Conclusion
Over the past decade, the offence of controlling or coercive behaviour under the Serious Crime Act 2015 has evolved from a novel legal concept to a cornerstone of domestic abuse legislation in England and Wales. Legislative expansions, judicial clarifications, and enhanced enforcement have strengthened its impact, though challenges such as evidence collection and victim support persist. As societal understanding of domestic abuse grows, future reforms are likely to address emerging forms of abuse and enhance victim protections, ensuring the law remains responsive to the complex realities of coercive control. Ultimately, while the legislation has reshaped the legal narrative of abuse, its legacy will depend on whether the justice system can translate conceptual progress into everyday protection for victims.