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Controlling Behaviour – Thorough preparation gets the result

Controlling and coercive behaviour in an intimate or family relationship is an offence created under Section 76 Serious Crime Act 2015 which has a maximum penalty of five years imprisonment.  As this offence falls under the domestic abuse umbrella, the Code for Crown Prosecutions states “given the seriousness of Domestic Abuse offending, a prosecution will normally be required when the evidential requirements under the Code are met.”

Indeed, our client Mr B was charged with the offence of controlling and coercive behaviour for which he denied.  Unfortunately, despite our best efforts, Mr B was remanded into custody pending his trial at the Crown Court.

However, the matter did not reach the trial stage due to the expertise and persistency from our Solicitor Advocate Denney Lau and our Trainee Solicitor Chloe Wright.

Chloe attended the prison to obtain meticulous detailed instruction from Mr B, including the whole history of the relationship, his detailed account of what happened and details of defence witnesses.  Her attention to detail then drawn onto the fact that Mr B had been receiving mail from a relative which did not make sense. After further investigation it transpired that the complainant was the author of the letters, and the false name was used in order to bypass the prison checks.

Chloe then contacted the defence witness who provided her with screenshots of messages that confirmed the origin of the letter and that the complainant had also transferred money into Mr B’s prison account.  Chloe obtained a defence witness statement confirming this.

Denney and Chloe then made strong representations to the Crown Prosecution Service regarding the credibility of the complainant and successfully persuaded the Crown Prosecution Service that, in light of this revelation, there was no longer a realistic prospect of conviction.

As a result, the case was brought forward and the Crown Prosecution Service offered no evidence against Mr B and the Judge returned a Not Guilty verdict.

For expert advice and representation on all offences relating to relationships, CLICK HERE to contact one of our solicitors today.

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