Deceptive Conduct: Recognising a Further Typology of Abuse under Section 76

Following the introduction of s. 76 Serious Crime Act 2015, this is a timely opportunity to explore the concept of deceptive conduct as a form of criminally controlling behaviour. The offence created under s. 76 applies to coercive or controlling behaviour that has a serious effect on the complainant and takes place in an intimate or familial relationship. The terms coercive and controlling are not defined within the legislation, however, the policy definition adopted in England and Wales illustrates that both are understood to capture a wide range of ongoing activity. It is recognised that abuse in an intimate relationship, occurs particularly where there is an ongoing pattern of submission by one party and control by the other party, using a variety of methods. This article will consider the behaviour and harm associated with lying and deceiving applying a moral framework using Kantian ethics.