Controlling or Coercive Behaviour Offence
Specialist criminal solicitors and barristers at representing clients facing investigation for Controlling or Coercive Behaviour Offence
The offence of Controlling or Coercive Behaviour is contained within Section 76 of The Serious Crime Act 2015. This is a serious criminal offence which falls under the umbrella term of ‘long-term domestic abuse’, if a person is convicted of this offence the Court can impose a prison sentence of up to 5 years.
At Kang & Co Solicitors, we have a specialist team of solicitors and barristers that represent individuals that are under investigation or have recently been charged with the offence of Controlling or Coercive Behaviour. Our team are on hand to defend your reputation and liberty.
Our lawyers have represented clients charged with a range of complex and high-profile domestic violence prosecutions. These include domestic assault and controlling / coercive behaviour. We have a wealth of experience advising in investigations and prosecutions. If you require high quality legal advice and representation, so that you have the best possible chance of attaining a successful outcome, please call us on 03452229955 or complete our Contact Form.
Paying Privately for Representation for Controlling or Coercive Behaviour
We have been covering only private client criminal cases for many years and the benefits to our clients are clear. Our clients receive a much higher level of legal expertise and attention, because they are funding their cases privately. This enables us to dedicate more time in preparing the case, compared with firms that may also offer legal aid. Legal aid lawyers (Duty Solicitors) are often over-worked and are covering more cases than they should, as the nature of their work is reactive, and this can result in your case not receiving the time and attention it deserves.
Our private client solicitors are specialists in their field. They have significant experience and will have dealt with other cases like yours in the past and will know the best strategies to achieve a not guilty verdict.
Domestic Violence Prosecutions
Many criminal prosecutions result from incidents of violence and abuse in the home with offences ranging from common assault and criminal damage right up to, sadly, murder itself.
The Crown Prosecution Service (“CPS”), which prosecutes most criminal offences in England and Wales) has published guidelines which provide that domestic violence and/ or abuse describes controlling and coercive behaviour used by one person over another they have (or have had) an intimate or family relationship with. It is recognised that such behaviour may take different forms including being psychological, physical, sexual, financial and/ or emotional.
Since December 2015, a new offence of controlling or coercive behaviour in an intimate or family relationship has applied under Section 76 of the Serious Crime Act (“SCA”) 2015. In April 2018, a 22-year-old woman was convicted of this offence along with offences of wounding her boyfriend with intent and causing him grievous bodily harm with intent. She was sentenced to seven and a half years’ imprisonment.
Controlling or Coercive Behaviour Offences
This offence can cover situations where there has been a pattern of controlling and coercive behaviour over a period of time when perhaps individual incidents would not of themselves be enough to give rise to another offence.
For someone to be guilty of the section 76 of the Serious Crime Act 2015 offence, the CPS must prove that the accused person:
- Repeatedly or continuously engaged in behaviour towards the complainant that is controlling or coercive: Therefore, whilst behaviour by the accused on a single occasion is not sufficient there is no requirement for the behaviour to involve any threat of (or actual) physical harm either. The CPS guidance adopts the following definitions:
- Controlling behaviour is: a range of acts designed to make a person subordinate and/or dependant by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.
- “Coercive behaviour is: an act or a pattern of acts of assaults, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.”
- Was personally connected to the complainant at the time of the behaviour: This includes situations where they had an existing intimate personal relationship or otherwise lived together as members of the same family or after having previously been in an intimate personal relationship. The definition of family is wide covering marriage and civil partnership (including being engaged) and being parents of the same child. Where no such personal connection exists then no offence under section 76 will have been committed. The offence does not apply where the complainant was under 16 at the time of the behaviour although other offences may do so.
- Knew (or ought to know) their behaviour would have a serious effect on the complainant and the behaviour did have a serious effect upon them: Behaviour will have a serious effect where:
- It causes the complainant to fear, on at least two separate occasions, that violence will be used against them by the accused or someone else; or
- It causes the complainant serious alarm or distress which has a substantial adverse effect on their usual day-to-day activities.
An accused need not have intended any serious effect by their actions. However, they will be taken as having been ought to know their behaviour would have such an effect on the complainant in circumstances where another reasonable person, in possession of the same information as the accused, would think that to be the case.
Section 76 of the Serious Crime Act 2015 provides for a defence to an allegation where, by engaging in the behaviour:
(a) the accused believed they were acting in the complainant’s best interests; and
(b) the accused’s behaviour was in all the circumstances reasonable.
This will be judged by the Court on the individual circumstances of the case but cannot apply where the accused’s behaviour caused the complainant to fear that violence would be used against them.
The offence can be tried in the Magistrates’ Court or by a jury in the Crown Court. The maximum sentence is one of five years’ imprisonment and/ or a fine in the Crown Court although the relevant sentencing guidelines for offenders aged 18 and over suggests a range of sentences between a community order up to four years’ imprisonment.
In the case of Vidgen  EWCA Crim 2385, a man had been sentenced to 13 months’ imprisonment for coercive behaviour towards his wife and a further 9 months’ imprisonment each for separate and discreet offences of assault occasioning actual bodily harm and sending a malicious communication (31 months’ imprisonment in total). The Court of Appeal upheld the sentence finding there had been nothing wrong in the decision to impose the sentences consecutively. In the recent case of R v Katira (Tarang)  EWCA Crim 89, a husband was sentenced to 22 months’ imprisonment for a section 76 SCA 2015 offence involving five incidents spanning a nine-month period. His behaviour had involved making threats, grabbing, slapping, hitting and throwing objects at his wife. His appeal succeeded in so far as his sentence was reduced to 15 months’ imprisonment after the Court of Appeal had found (amongst other things) that five occasions of behaviour did not make the case one of higher culpability as the sentencing judge had initially concluded.
Why Instruct Kang & Co?
Clients choose us to represent them for their criminal law case (such as arson), because of our excellent track record and understanding approach towards their case, we understand and appreciate the impact of a conviction on your professional and personal life.
We have an outstanding reputation in the industry and regularly receive positive feedback from our clients. Regardless of how serious or minor the offence, our team of skilled criminal law solicitors are well trained, and highly motivated to protect your rights. If you instruct us to defend your case, we will explain everything to you about your prosecution and will discuss your bespoke defence strategy with you in detail and will advise you on all the possible outcomes.
- Fixed Fees: We offer competitive fixed fees for a wide range of budgets;
- Only Qualified Lawyers: If appointed, only a Qualified Solicitor and or Barrister will work on your case;
- Skilled Solicitors: Our Criminal Defence Solicitors have an excellent record in successfully defending criminal charges in the Magistrates’ and Crown Court.
- Tailored Bespoke Service: We meet all our clients at our offices, so that we can properly understand the individual needs and requirements of each client, and prepare a bespoke defence strategy;
- Top-Tier Representation: Due to our skill and expertise in representing professionals charged with criminal offences, our lawyers are frequently appointed to defend clients from all walks of life including prominent business owners, high level professionals and sports personalities;
- Highly Experienced Lawyers: Our clients pay privately, and this enables us to instruct some of the leading criminal defence barristers in the country that have decades of experience, including leading Queen’s Counsel;
- National Coverage: We have offices in Birmingham, Milton Keynes and London and are ideally located to represent clients nationally at Courts throughout England and Wales;
- Best Rated Solicitors: We are recognised as one of the leading law firms in Private Criminal Defence cases;
- 5 Star Law Firm: Our clients frequently leave positive feedback and reviews, as we keep our clients updated and provide honest and skilled advice from the outset;
In addition to having our own in-house barristers and advocates, we also have strong working relationships with very senior members of the Bar (including QC’s) and other leading legal experts in their field who can form part of your legal defence team.
Funding Your Case
If you are facing a criminal investigation or prosecution, you should seek out the very best lawyers to defend your case, so that you have the best chance of a successful outcome. Our solicitors and barristers are highly experienced and recognised nationally for successfully defending a significant number of high-profile criminal prosecutions throughout England and Wales.
As a specialist private funded criminal defence law firm, we represent clients that are in a financial position to fund their cases privately, as a result our clients do not qualify for Public Funding (Legal Aid) and for that reason we do not undertake any work on Legal Aid.
Our Private Legal Defence Lawyers accept new cases on a Fixed Fee basis, ensuring that our clients know exactly how much their case will cost from the outset.
Private legal representation is not only reserved for the wealthy, many of our clients are ordinary people that require a robust defence team to provide them with the best chance of protecting their reputation and career. If you require more information on the cost of defending your case, speak to one of our solicitors for a free no obligation fee estimate.
AGREED FEE CRIMINAL LAWYERS
Our Agreed Fees for Private Crime cases start from;
£1500 + VAT
An Excellent Service, Mr Kang is a highly sought solicitor. Very knowledgable about the subject to hand , and extremely confident with the advice given to me at the time of a stressful situation.
I would recommend Kang and Co Solictors above any other company I’ve spoken too. Above all I got the outcome I desired based upon Mr. Kang expertise.
I found Kang & co a real help when my son found himself the wrong side of the line with a driving offence, they were honest and straight taking and helped my son revive the best outcome in a really bad situation he found himself in,I would honesty recommend these guys when you find yourself in trouble.
I was summonsed for a speeding offence on the M6 toll where the speed recorded was essentially an automatic disqualification. I pleaded guilty and engaged the services of Kang and Co to plead my case not to be disqualified from driving. My outcome was positive and I retained my licence. I would recommend Kang and Co to anyone who has the need for Legal Representation.
On my court date I was assured by a great barrister everything would be done in my best interests and it was – we got the result I needed. I was so impressed by the swiftness of this company really hassle free – kept up to date with everything.
I would highly recommend Kang & Co Solicitors. Manjinder Kang helped me in a difficult situation and nothing was too much trouble.
An extremely professional service – full and honest appraisal of situation and a positive outcome. Highly recommend!
Mr Kang who met with me and Mr Wheeler who represented me in court were brilliant, could not have survived the experience without them! Not sure how anyone could, as I, approach an experience like this was for me, a first time appearance in court without seeking help, advice and representation from a lawyer/s such as these two great examples.
The combination of hard work, expertise and commitment to achieve the best possible result ended up in my acquittal at trial. I believe instructing Kang & Co. at the time that I did made all of the difference in securing a successful outcome. I would definitely recommend Kang and Co. if you need legal representation.
I cannot thank Manjinder for all the help and support he gave us prior to and up to my husbands court date. This could of been a very testing time should my husband not have won his case. Special thanks to Mr Shoker who was fantastic on the day.
Manjinder and the team at Kang & Co are absolutely fantastic. From my first 10 minute consultation right through to the final outcome I felt like I was in great hands. The team asked everything they needed from me and formed a defence for my case. I don’t feel like I could of done it without the team at Kang & Co.
I was very pleased with the service I received from Kang & Co kept me informed of everything that was happening with my case dealing with Patrick on the phone was very pleasant also the barrister Mr. Walker they instructed for my case was excellent. Definitely recommend this company.
I have previously dealt with Carla Riozzi at Kang & Co and would highly recommend her. She was professional and knowledgeable about the law. She kept me up to date with my case and I found her very approachable. I would definitely instruct this firm again. Thank you for your assistance.
I highly recommend Kang & Co Solicitors. From the outset communication was excellent. Manjinder Kang was very professional, polite and showed the highest level of integrity throughout the process. Thank you for the representation in court, which was a must.
My licence was going to be revoked and i was considering representing myself in Court and a family member recommended contacting Kang & Co. I then weighed up using a specialist firm or representing myself and made the right choice. Chris Hopkins who represented me in court was very supportive and professional. He done his utmost to get me the best outcome and delivered.
Very good from start to finish and I got the best result possible.
We required advice and representation at a Public Inquiry with the Birmingham Traffic Commissioner and appointed Manjinder of Kang & Co after reading an article that he had published on Transport online. He achieved the best possible outcome for us at the Inquiry – our license was not revoked and our fleet was not curtailed.
Kang and Co were exceptional in helping me retain my licence after an unfair dash-cam case was brought against me. I was faced with 6 point, a ban and £800 fine, and I received none of these. Win, win, win! Very happy with them.
Amazing service overall. I was impressed with how fast I had responses from emails with any queries or questions. On the day of my meeting with Kang & Co all options were made very clear and the advice I was given provided the result I wanted! I highly recommend Kang & Co, especially for motoring convictions.
A great experience with Kang & Co Solicitors. Fast and professional communications and excellent representation in court with a good outcome.
Kang & Co are worth every penny. I have had a very good experience with these solicitors, helping me reduce my inevitable driving ban to as low as I could of possibly wished for.They were very supportive throughout the entire process and I owe them a big thank you for helping me to retain my job.
For personal service, security and efficiency I recommend Kang & Co. A complete service with the comfort of a clear and understandable process directed by high quality staff.
Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. Barrister on the day was well prepared, went over key mitigation and presented it well in court, an excellent advocate. Barrister clearly explained possible outcomes and most realistic outcome. Excellent service from initial contact to finishing the court case. Would recommend to anyone.
An exceedingly competent, professional and dedicated practice lead from the front by Manjinder Kang. In my experience, it is often very difficult to find a professional organisation that truly delivers on their promise of expertise,quality of service, compassion and dedication to their client. I would not hesitate in recommending Kang & Co Solicitors.
I would highly recommend Kang & Co and in particular Manjinder Kang. He was very professional, provided excellent advice ending in a positive outcome. Thank you.
I would highly recommend using Kang & Co Solicitors. I received high quality services for the duration of my case, with the right level of honesty and reassurance. All advice provided was extremely clear and Mr Kang always went above and beyond to ensure that I had fully understood any matters discussed.
Manjinder Kang was absolutely fantastic and i could not have had better representation during my case. I have already recommended his firm to all my contacts for any issues relating to road transport law.
Professional from start to finish. High attention to detail within my case despite it being very clean cut charge wise. Highly recommended.
I would like to say firstly a Big Thank you to Kang and Co especially Mr Manjinder Kang Solister and Mr Thomas Wheeler Barrister an excellent job done. They both know the laws and the perfect outcome. I feel that to have the best is to get the best and this company definitely fits this.
The preparation on my case was second to none, this began from the moment I contacted Manjinder Kang and his team, and they were very proactive to look into my case ASAP. The quality of representation in Court at Court was excellent, I was assigned with a Barrister, and someone who had extensive experience in this field. The outcome of your case 6 points, although I was expecting a ban as minimum.
I arranged for my nephew to see Mr Kang as he was facing a driving ban after getting 12 points in three years. Mr Kang gave my nephew detailed advice on obtaining the necessary evidence for his court case. Mr Shocker represented him at the magistrates court and instead of being banned he received a modest fine. All within a week or two!
Birmingham Head Office
1 Victoria Square
5 Chancery Lane
Milton Keynes Office
100 Avebury Boulevard
Buckinghamshire, MK9 1FH