Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022

Offence of non-fatal strangulation or asphyxiation N.I.

28.—(1) A person (A) commits an offence if the first and the second conditions are met.

(2) The first condition is that A intentionally—

(a) applies pressure on or to the throat or neck of another person (B), or

(b) does something to B, of any other sort, amounting to battery of B.

(3) The second condition is that A—

(a) intends A’s act to affect B’s ability to breathe or the flow of blood to B’s brain, or

(b) is reckless as to whether A’s act would affect B’s ability to breathe or the flow of blood to B’s brain.

(4) An offence under this section is committed irrespective of whether in fact A’s act affects B’s ability to breathe or the flow of blood to B’s brain.

(5) An offence under this section can be constituted by virtue of A’s act irrespective of how A’s act is done (for example, by use of a hand or another part of A’s body or by A making use in any way of an object of any kind).

(6) It is a defence to an offence under this section for A to show that B consented to A’s act, but the defence is not available if—

(a) B suffers serious harm as a result of A’s act, and

(b) A—

(i) intended A’s act to cause B to suffer serious harm, or

(ii) was reckless as to whether A’s act would cause B to suffer serious harm.

(7) No question as to B’s consent to A’s act may be considered for the purpose of this section unless the question is relevant in relation to the defence in this section.

(8) The matter of B’s consent on which the defence in this section may be based is to be taken to be shown by A if—

(a) evidence adduced is enough to raise an issue with respect to the matter, and

(b) the contrary with respect to the matter is not proved beyond reasonable doubt.

(9) If—

(a) an act is done in a country or territory outside the United Kingdom,

(b) an offence under this section would be constituted by virtue of the act if done in Northern Ireland, and

(c) the person who does the act is a United Kingdom national or is habitually resident in Northern Ireland,

the person commits an offence under this section as if the act is done in Northern Ireland.

(10) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 2 years or a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both).

(11) In this section—

“the 1861 Act” is the Offences Against the Person Act 1861,

“serious harm” means any of these—

(a)

wounding within the meaning of section 18 of the 1861 Act,

(b)

grievous bodily harm within the meaning of section 18 of the 1861 Act,

(c)

actual bodily harm within the meaning of section 47 of the 1861 Act,

“United Kingdom national” means an individual who is—

(a)

a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

(b)

a person who under the British Nationality Act 1981 is a British subject, or

(c)

a British protected person within the meaning of the British Nationality Act 1981.

(12) Schedule 4 contains consequential amendments in connection with this section.

Commencement Information

I1 S. 28 not in operation at Royal Assent, see s. 30(2)

I2 S. 28 in operation at 26.6.2023 by S.R. 2023/87, art. 2(a)