xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

PART 5U.K.Protection of children and others

[F1Strangulation or suffocationE+W

Textual Amendments

F1Ss. 75A, 75B and cross-heading inserted (E.W.) (7.6.2022) by Domestic Abuse Act 2021 (c. 17), ss. 70(1), 90(6); S.I. 2022/553, regs. 1(2), 3(a)

75AStrangulation or suffocationE+W

(1)A person (“A”) commits an offence if—

(a)A intentionally strangles another person (“B”), or

(b)A does any other act to B that—

(i)affects B's ability to breathe, and

(ii)constitutes battery of B.

(2)It is a defence to an offence under this section for A to show that B consented to the strangulation or other act.

(3)But subsection (2) does not apply if—

(a)B suffers serious harm as a result of the strangulation or other act, and

(b)A either—

(i)intended to cause B serious harm, or

(ii)was reckless as to whether B would suffer serious harm.

(4)A is to be taken to have shown the fact mentioned in subsection (2) if—

(a)sufficient evidence of the fact is adduced to raise an issue with respect to it, and

(b)the contrary is not proved beyond reasonable doubt.

(5)A person guilty of an offence under this section is liable—

(a)on summary conviction—

(i)to imprisonment for a term not exceeding [F2the general limit in a magistrates’ court] (or 6 months, if the offence was committed before [F32 May 2022]), or

(ii)to a fine,

or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or both.

(6)In this section “serious harm” means—

(a)grievous bodily harm, within the meaning of section 18 of the Offences Against the Person Act 1861,

(b)wounding, within the meaning of that section, or

(c)actual bodily harm, within the meaning of section 47 of that Act.]

Textual Amendments