More people arrested for coercive control but only 1 in 6 charged

New Police figures have revealed an increase in the number of people arrested for ‘coercive control’, but still only one in six are charged with the offence.

On 31 December 2015, controlling or coercive behaviour in an intimate or family relationship became a new offence under Section 76 of the Serious Crime Act 2015.

The term ‘coercive control’ spans a broad range of actions that are intended to intimidate, restrict and control a partner’s behaviour. This can include restricting access to money, refusing to socialise with family or friends, threatening to release intimate details or pictures, monitoring email and social media accounts and even tracking someone’s movements through smartphone software.

Under Freedom of Information, law firm Ridley & Hall asked all Police forces in England to reveal how many people were arrested, and how many people were charged under Section 76 of the Serious Crime Act 2015 for Controlling or Coercive Behaviour during the first 18 months of the new law.

Figures from 36 Police forces found that, in the first six months of the new law, 798 people were arrested and 134 were charged. The following year, that number had more than doubled to 1710 arrests and 280 people charged between 1 January and 30 June 2017.

In the 18 months from 1 January 2016 to 30 June 2017, a total of 3937 arrests were made but only 666 (16.9%) were charged.

Emma Pearmaine is Head of Family Law at Ridley & Hall and a long-term campaigner for victims of domestic violence. She says the rise in arrests is a positive sign of increased awareness, but more needs to be done to see abusers charged.

Emma comments: “Coercive control describes a complex web of sustained abuse, threats, intimidation and restrictions, where the victim lives in constant fear. It is a pattern that usually only ends when the victim finds the courage to seek help and leave, or something far more tragic happens.

“I was pleased to see a rise in the number of people arrested for coercive control, with some forces in particular visibly focusing on the issue. But we also know tRidley & Hall Solicitorshat gathering enough evidence to meet the demands of the Crown Prosecution Service to bring a charge is challenging, and many cases are dropped because of insufficient evidence or because the victim withdraws their support. Overall, only one in six people arrested under the new law are charged with that offence.

“The point where someone approaches the Police for help, or when an officer suspects and records that a person might be the victim of coercive control, is absolutely critical. Returning home to an abusive partner who is aware that the Police has become involved is a truly frightening prospect for the victim. They might find any access to money they had completely removed, and the seriousness of threats to themselves and their loved ones amplified. It is vital that victims are wrapped in the blanket of support that enables them to leave the abuser, the very moment they come forward and ask for help. This, however, requires more resources than is currently available.

“In a large proportion of cases, no one is charged because the victim decides not to support further Police action. This does not mean that a crime has not been committed, or that the abuse will stop, but most likely that fear has prevailed. Unless victims feel safe and able to leave at the point of reporting the abuse, they will remain trapped and at serious risk of harm in a huge proportion of cases. Everyone involved has a responsibility to make it possible to get to and remain in a safe place.”

Emma is also Chair of the Corporate Alliance – a membership charity working with employers to lessen the impact of domestic violence in the workplace. She has previously provided training to Police forces around coercive control – something she continues to offer.

Emma says: “Emotional abuse is every bit as damaging to a person’s life as physical abuse, and it is vital that those who come forward are given every chance to escape the psychological captivity they are living in.

“Being able to spot the sometimes subtle signs that someone is being abuse is an acquired skill, and the more officers learn about coercive control, the more lives of women in particular will be saved. This is an area where I know for a fact that the time I spend teaching and raising awareness about domestic violence, equals lives saved.

“Everyone can help combat domestic violence and coercive control. If you experience or hear that a friend, family member or colleague is changing their behaviour because they are concerned about their partner’s reaction, then they are quite possibly suffering from abuse. Talk to them about it, acknowledge their fear and concerns for themselves and their family, and encourage them to seek help either from the Police, a specialist charity or a family lawyer who specialises in domestic violence.”

DCI Simon Brownsword from Staffordshire Police provided the following comment to Ridley & Hall about the latest figures: “Often abuse goes on over long periods of time. It is not about a single incident but involves systematic abusive behaviour. While not all of this abuse is violent the result is often that the victim will live in fear. We know this as research shows victims will often endure abuse on many occasions before asking for help and we are recognising and recording this more often. We continue to take a victim-focused approach and officers have been trained to take the time to understand what is really going on, listen to victims and look for signs of coercion or control. We recognise the effect, not only on the victim, but the wider families of those involved, such as children who grow up within violent or controlling environments.”

Detective Inspector Lee Barnard, Metropolitan Police Service commented: “Domestic abuse isn’t just about violence. It can also be the emotional and psychological abuse of a partner, through a pattern in the relationship where one partner is controlling and there’s an ongoing sense of fear or intimidation. The Metropolitan Police Service is determined to pursue those who use such abuse to intimidate their partner and put them before the courts. These offences can be challenging to prove, but we continue to work hard to help ensure our officers are able to gather the best possible evidence to bring perpetrators to justice. For example, all our front-line borough officers have body worn video which can be used to capture the impact of abuse on a victim when officers attend a call, and show the effect of the suspect’s behaviour.”

For more information about coercive control, visit: http://ridleyhall.co.uk/coercive-control-mean-victims-domestic-abuse/

Notes to editors

The following points are important to note when reading and reporting on the figures in this press release:

  • Results are extracted from a live crime information system, which is subject to change over time.
  • Each individual response to a FOI request is unique and since not all Forces record and hold information in the same format, responses should not be used as a direct comparison with any other forces.
  • The arrest date is used to identify those that fall within the specified period. Linked crimes may have been committed and recorded, and any related outcomes assigned, in a different period.
  • All results are based on the linked crime offence, which may differ from the recorded detention reason. They indicate the current crime outcome or status, which may be subject to change.
  • The same crime can be linked to more than one arrest and a single arrest record may be linked to more than one crime.
  • Figures reflect the number of crime to arrest links, rather than the number of separate arrest occasions or recorded crimes or people arrested or separate disposals or individuals dealt with.
  • Results are based on all detentions linked to notifiable crimes of the required type only, including arrests made on behalf of other forces and agencies and non-PACE detentions.
  • In cases where there was no charge for that specific offence, there may well have been charges for other related offences
  • In all these cases, whether anyone is charged with an offence or not, victims are offered access sources of support and advice for victims
  • Securing CPS agreement for charges is a complex process as the evidence needed to satisfy that level of action is often difficult to acquire and interpret in a way that will withstand the rigours of court cross-examination, and needs the support of victims throughout.
  • Some custody systems allow only one offence to be entered as the reason for arrest. Any subsequent offences are recorded elsewhere but are not searchable in the same way. Domestic abuse reports often involve a series of offences meaning that controlling or coercive behaviour is rarely the only reason for the arrest. Furthermore, a controlling or coercive behaviour charge may also have resulted from a subsequent investigation following an arrest on a different offence.

If you have any questions or require legal help or advice, please contact the Family Department at Ridley & Hall on 01484 538 421.

Our Director and Family lawyer Emma Pearmaine was invited this morning to speak about the findings on BBC Radio 5 live Investigates. Click here to listen again.

Emma Pearmaine

Emma Pearmaine Director – Family & Matrimonial

 

 

 

 

 

 

 

 

Press releases:

Yorkshire Post, Emma Pearmaine: Police video the key to convicting coercive abusers