Harassment, stalking and protective orders
Controlling or coercive behaviour
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 5 years' custody
Actus reus
- Repeatedly or continuously engages in controlling or coercive behaviour towards another person who is personally connected (s.76(1), (6)–(6A) as amended from 5 April 2023).
- The behaviour has a serious effect: fear of violence on at least two occasions, or serious alarm or distress with a substantial adverse effect on day-to-day activities (s.76(4)).
- No offence if A has responsibility for B and B is under 16 (s.76(3)).
Mens rea
- Knows or ought to know that the behaviour will have a serious effect (s.76(1)(d), (5)).
Defences
Believed acting in B's best interests and the behaviour was reasonable (s.76(8)) — not available where the behaviour caused fear of violence (s.76(10)) · Not personally connected · No serious effect / deny the course of behaviour
Sentencing Council
Sentencing Council guideline effective 1 October 2018. Offence range: community order to 4 years' custody.
At the police station
Map the alleged incidents and the 'personally connected' relationship. Living-together is no longer required after the 2023 amendment. Check for linked harassment, assault or breach of a protective order.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Serious Crime Act 2015, s.76 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Stalking or harassment ↗