Rather than only asking ‘what happened’ to prompt the specific call to police, police officers should ask questions to identify if controlling or coercive behaviour is being perpetrated. This includes understanding: Controlling or monitoring the victim’s daily activities and behaviour, for example making them account for their time, dictating what they can wear, what and when they can eat, when and where they may sleep, who they meet or talk to, where they may work, restricting access to training/development etc.; Having their financial independence restricted e.g. the perpetrator denying access to money, preventing the victim from working, sabotaging employment or welfare benefits, denying access to joint bank accounts, or coerced debt Although the whites were creamy once the programme was complete, they weren’t quite stiff enough to use for meringue; when the bowl was tipped, the mixture slid to one side rather than staying rigid. Another minute of manual mixing was required for them to reach a firmer consistency. If it causes person B serious alarm or distress which has a substantial adverse effect on their usual day-to-day activities – section 76 (4) (b).

The amendment to the controlling or coercive behaviour offence came into force on 5 April 2023 and does not apply retrospectively. This means that charges cannot be brought in relation to post-separation abuse that has occurred before the date the amended offence comes into force. If you are unsure of whether the amendment to the controlling or coercive behaviour offence may apply in a specific case, in the first instance, speak to a specialist domestic abuse police officer. Police may also seek further Early Investigative Advice from the CPS. [footnote 6] There are circumstances where acts of controlling or coercive behaviour may have taken place, but it is not possible for the offence to be charged. The offence does not apply where: the Armed Forces Code of Practice for the Victims of Crime (for service police and commanding officers). Also standing against this mixer is its larger size, which makes it bulky to store, and the fact that it can’t be cleaned in a dishwasher. A call-out may initially be in response to a report of another incident (e.g. physical violence, sexual assault, criminal damage, threats or verbal abuse) but it is important to recognise that this could be part of a pattern of controlling or coercive behaviour. For example, a memory of an assault could be used by the perpetrator as a reminder of the threat of further violence and as a tool for control and coercion.The 2015 Act does not specify a timeframe between repeated incidents of controlling or coercive behaviour, therefore, the abuse does not necessarily have to take place in immediate succession. The controlling or coercive behaviour could be a combination of different types of abusive behaviour, for example economic, emotional, sexual or physical. Other abuses may be present and other offences may apply in addition to controlling or coercive behaviour. However, where abuse takes place on two occasions but over a prolonged period (for example, ten years apart), it is unlikely that this will be considered behaviour that has occurred repeatedly or continuously. Officers should accurately record any relevant information over an extended period of time, as those perpetrating abuse can continue the abuse for years, including after separation. For example, case law shows that incidents on birthdays and anniversaries can constitute controlling or coercive behaviour. [footnote 8] Good intelligence and record keeping will be important in ensuring that evidence is documented and kept in relation to a course of conduct that may amount to controlling or coercive behaviour. This includes reports made by the victim. If historic offences are disclosed, they should be logged in line with National Crime Recording Standards and flagged appropriately as domestic abuse.

The night of the assault, Daniel couldn’t sleep and was late for school the next day. He couldn’t concentrate and worried all day about his mum. The assault on Simone happened two days before Daniel’s 10th birthday. Daniel’s grandmother had paid for Daniel to go bowling for his birthday but Daniel didn’t want to go because he was too embarrassed to let his friends see his mum’s broken jaw and bruises. As Andrew controlled the household budget, Simone didn’t have access to any of the family finances and so couldn’t even take Daniel out for a meal on his birthday. Setting up the Total Control was initially a little fiddly. The bowl cover had to be attached first, and although it had rubber fittings to keep it in place, it had a tendency to fall off when the mixer head was raised.

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There can be a perception that controlling or coercive behaviour is a ‘complex’ offence with a high evidence threshold and that it is therefore difficult to investigate, charge and prosecute. [footnote 35] However, police [footnote 36] and Ministry of Justice (MoJ) data [footnote 37] show that since the 2015 Act came into force, there has been a consistent increase in cases being recorded, prosecuted and convicted. Research on the police response to controlling or coercive behaviour has shown that the likelihood of arrest in such cases was particularly influenced by the potential for successful prosecutions or ‘positive outcomes’. This was impacted by perceptions that controlling or coercive behaviour is ‘hard to prove’. [footnote 38] The offence of controlling or coercive behaviour is subject to the same CPS Code for Crown Prosecutors, which provides guidance to prosecutors on the general principles to be applied when making decisions about prosecutions, as for any other offence. If there is uncertainty around whether the controlling or coercive behaviour offence applies in a specific case, the CPS should be consulted. [footnote 39]

Caused serious alarm or distress which has had a substantial adverse effect on the victim’s usual day-to-day activities (section 76 (4) (b)). In all domestic abuse cases, if firearms are held by the perpetrator or are in the home, the local police Firearms Licensing Team should be notified so that they can consider seizing the firearms or revoking any licence that the perpetrator holds. It is also important in terms of risk mitigation and intelligence to ensure officers attending future calls have this information. The Firearms Licensing Statutory Guidance for police was published in February 2023 and contains further information about firearms licensing in respect of cases involving domestic abuse. Accurate crime recording can support with assessing risk as well as evidencing controlling or coercive behaviour more generally. Officers may respond to an initially seemingly unrelated incident, or a single incident which does not amount to an offence on its own, but over time this could build the case for a controlling or coercive behaviour prosecution. Body Worn Videos (BWVs) can be used by officers attending a callout to assist in capturing evidence, for example, the victim’s account, home conditions (e.g. if damage has been disclosed), safeguarding issues (e.g. children that are present during the incident) and the suspect’s demeanour. d) they have entered into a civil partnership agreement (whether or not the agreement has been terminated);

Ensuring that the victim is away from the perpetrator and children (if safe to do so) is imperative to risk assessment and safety planning. Chief police officers should assure themselves that risk assessments used in their forces are the best available for identifying controlling or coercive behaviour. When attending a callout for physical or any other type of assault, it is therefore important for police officers and frontline responders to look beyond what may be presented to them at the scene and consider whether there may be a pattern of controlling or coercive behaviour or other forms of abuse being perpetrated. Controlling or coercive behaviour can take place without the presence of any physical or sexual abuse. It is important to note that a “serious effect” on the victim may not be immediately obvious, for example, if the victim does not appear to be in emotional distress. It is also important to ask about past behaviour of the perpetrator, as the victim may not realise that this may have been part of a pattern of abuse. Many victims experience prolonged abuse before making a report to the police and some will never disclose. [footnote 45]It is important to give the victim the space and time to process what has happened to them, aw from the perpetrator. This may also make the victim feel safer and more comfortable with providing further details about the abuse, even at a later stage of any investigation. Support services should always be offered. Under the Victims’ Code, if a victim reports a crime to the police, they have the right to be referred to a service that supports victims within two working days. If the victim chooses not to report the crime, they still have the right to access support services at any time. It is vital that when responding to a report, such as physical violence or the threat of physical violence, police officers enquire about other elements or patterns of the perpetrator’s behaviour which led to a police callout, and whether other forms of abuse have occurred which could amount to controlling or coercive behaviour. For example, repeat police callouts may indicate that there is a course of conduct and a pattern of abusive behaviour by the perpetrator. Controlling or coercive behaviour can, however, have been occurring for a long period of time before it is reported. The offence of controlling or coercive behaviour applies in England and Wales, but it should be noted that the Senedd (Welsh Parliament) has the legislative competence to legislate for Wales in this area. Devolved bodies and local organisations in Wales should therefore refer to the relevant Welsh legislation, in relation to devolved matters, such as the Violence Against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015, the Violence Against Women, Domestic Abuse and Sexual Violence (VAWDASV) Strategy and associated guidance, which are referenced throughout this document. We would expect both devolved and non-devolved organisations to continue to work together to implement the Domestic Abuse Act 2021, where relevant.

Threatening to remove care or not undertake caring responsibilities where the victim is reliant on this, threatening the victim around the withdrawal of medicines; Please refer to Annex E for further examples of reasons for retractions and withdrawals by victims. For further information, please also refer to: Police officers should avoid dual arrests, especially if there are children present, but this is not always possible. Where counter-allegations are made at the scene, officers should evaluate each party’s complaint separately to determine whether there was a primary perpetrator. [footnote 33]The Government has developed a set of overarching national standards and principles for domestic abuse perpetrator interventions. These provide a framework for commissioners to help determine the quality of perpetrator interventions, particularly on safeguarding and victim and survivor safety. Organisations have also developed quality standards for services working with victims and perpetrators of domestic abuse. [footnote 68], [footnote 69] For example, the Respect Standard is nationally recognised and sets out an evidence-based, safety- focused framework which identifies good practice and offers guidance for organisations to ensure that they are meeting the needs of service users safely and effectively, with the safety of victims, including children, at its heart. [footnote 70] All names used in case studies within this guidance have been changed to protect identities and maintain anonymity. In some case studies, individual cases have been merged to further protect the anonymity of victims. These case studies have been created through a combination of police files, consultation responses and case studies provided by organisations and charities in the sector. The offence of controlling or coercive behaviour